Exchange and Returns
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:
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:
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.
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:
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:
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)
___________________________________
(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
Order details:
- Order number:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Product free from defects
reduction of the Product price to the price of:
____________________ EUR
(Buyer’s signature)