1. These regulations (“Returns and Exchange Policy”) are defined in the terms and conditions of using the Sway e-commerce shop operating under the website address: www.swaymovewear.com (“Shop”).
Please read Terms and Conditions before making the purchase https://www.swaymovewear.com/pages/terms-and-conditions
Right of Withdrawal
1. The provisions of this § 8 apply only to the Buyer who is a Consumer or an Entrepreneur- Consumer.
2. The Buyer has the right to withdraw from the Contract of Sales without any reason within 14 days from the date of receiving the Product by them or a third party indicated by the Consumer, excluding a carrier.
3. The Buyer exercises the right to withdraw from the Contract of Sales by submitting to the Seller a declaration of withdrawal from the Contract of Sales ("Declaration"). To meet the deadline for withdrawal from the Contract of Sales, it is enough to send the Declaration before the deadline referred to in paragraph 2 above.
4. The Declaration may be submitted by the Buyer in any form, in particular in the form to be found in Annex 2 to the Act on Consumer Rights. However, in order to improve the execution of the right of withdrawal from the Contract of Sales, the Seller recommends submitting the Declaration in the manner indicated in paragraphs 5-7 below.
5. The Buyer may submit the Declaration in two forms:
a) electronic;
b) paper.
6. If the Declaration is submitted in an electronic form, the Buyer should send to the e-mail address indicated in § 1 paragraph 4 letter a of the Terms and Conditions, a message containing the following elements:
a) name and surname of the Buyer;
b) e-mail address;
c) postal address;
d) a clear declaration of withdrawal from the Contract of Sales;
e) indication of the Products which the withdrawal from the Contract of Sales concerns;
f) Order number;
g) date of placing the Order
h) PKD codes of the business activity conducted by the Buyer (if the Buyer is an Entrepreneur-Consumer).
7. If the Declaration is submitted in a paper form, the Buyer should print and fill in the form to be found in Annex 1 to the Terms and Conditions and then send it together with the Product to the address indicated in paragraph 10 below.
8. The Seller shall send the Buyer a confirmation of receiving the Declaration via e-mail immediately after getting it.
9. In the event of exercising the right of withdrawal from the Contract of Sales, the Buyer should return the Product to the Seller within 14 days from the date of withdrawal from the Contract of Sales. To meet the deadline, it is enough to return the Product before the deadline expires.
10. The Product should be returned to the following address:
Sway Company Sp. z o. o.
Piotra Michałowskiego Street 27/18
80-300 Gdańsk, Poland
11. The Consumer pays the direct costs of returning the Product.
12. The refund of payments made by the Buyer takes place after the Seller receives the returned Product. The refund is made using the same payment method that was used by the Buyer in the original transaction, unless the Buyer clearly agrees to a different solution. The Buyer does not pay the costs of returning the payment.
13. The Buyer is responsible for reducing the value of the Product resulting from usage in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
14. The Buyer is not entitled to withdraw from the Contract of Sales if:
a) The product is a non-prefabricated item, manufactured according to the Buyer's specification or serving to satisfy their individual needs;
b) The product is an item delivered in a sealed packaging which, after opening the packaging, cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery;
c) The product is an item that after delivery, due to its nature, has been inseparably connected with other items;
d) The product is an item which cannot be returned due to health protection or hygiene reasons (ex. thong; g-string); If purchasing Sway Movewear, please be aware that all thongs. Please ensure that all shorts are tried on over your own underwear – we do not accept returns of any items that have been worn or are returned in non-resalable condition.
Product Complaints
1. The Seller is liable to the Buyer under the warranty if the Product purchased by them has a physical or legal defect. The exercise of the Buyer's rights under the warranty takes place in accordance with the provisions of Art. 556 of the Civil Code and subject to the provisions of § 9.
2. The Buyer submitting a complaint due to Product defects should send:
a) a self-signed complaint declaration, to be found in Appendix 2 to the Terms and Conditions;
b) proof of purchase of the Product or its photocopy;
c) Product of the complaint to the address:
Sway Polewear
Piotra Michałowskiego Street 27/18
80-300 Gdańsk, Poland
3. The Buyer that submitted a complaint and delivered the Product covered by it to the Seller, may request the Seller to refund the costs of its delivery. In case of:
a) accepting the complaint - the Seller shall immediately refund the Buyer the costs of delivering the Product covered by the complaint;
b) rejecting the complaint because of its groundlessness - the costs of delivering the Product covered by the complaint are not refundable.
4. The deadline for examination of the claim and response to it is 14 days from the date of delivering the Product and a correctly filled complaint declaration to the Seller. Failure to reply within the time limit indicated in the preceding sentence is tantamount to recognizing the complaint by the Seller.
5. The Seller shall reply to the Buyer’s complaint via e-mail.
6. If it is impossible to remove a defect in the Product or replace it with a Product free from defects, the Seller shall inform the Buyer about the possibility of submitting a declaration of price reduction or withdrawal from the Contract of Sales. Depending on the Buyer's choice, the Seller returns to the Buyer full price or part of it for the faulty Product within 14 Working Days from the date of the Buyer's choice of one of the services offered by the Seller.
7. The Buyer cannot withdraw from the Contract of Sales if the defect of the Product is minor.
Final provisions
1. The following attachments are part of the Terms and Conditions:
a) Appendix 1 - Declaration of withdrawal from the Contract of Sales;
b) Appendix 2 – Declaration of complaint.
2. The current version of the Terms and Conditions enters into force from 01.01.2021.
Appendix 1 - Declaration of withdrawal from the Contract of Sales
___________________________________
(place and date)
Buyer
__________________________
(Name and surname)
__________________________
(street name, house and suite number)
__________________________
(post code, town/city, country)
Seller
Sway Polewear; Agata Jurago-Pach
Michałowskiego Street 27/18
80-300 Gdańsk, Poland
mail@sway-polewear.com
Declaration of withdrawal from the Contract of Sales
I hereby declare that I withdraw from the Contract of Sales of the following Products:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Order details:
- Order number:
________________________________________________________________
- Order date (day/month/year):
________________________________________________________________
- Delivery date (day/month/year):
________________________________________________________________
PKD codes of the business activity conducted by the Buyer (if the Buyer is an
Entrepreneur-Consumer)
________________________________________________________________
________________________________________________________________
___________________________________
(Buyer’s signature)
Appendix 2 – Declaration of Complaint
___________________________________
(place and date)
Buyer
__________________________
(Name and surname)
__________________________
(street name, house and suite number)
__________________________
(post code, town/city, country)
Seller
Sway Polewear; Agata Jurago-Pach
Michałowskiego Street 27/18
80-300 Gdańsk, Poland
mail@sway-polewear.com
Declaration of Complaint
Order details:
- Order number:
________________________________________________________________
- Order date (day/month/year):
________________________________________________________________
- Order delivery (day/month/year):
________________________________________________________________
Detailed description of the reasons for submitting the complaint:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Complaint request (the selected variant should be marked with an "X";):
Product free from defects
Complaint request when the implementation of the above requests is impossible (the selected variant should be marked with an "X"):
reduction of the Product price to the price of:
____________________ EUR
___________________________________
(Buyer’s signature)
USD