Terms & Conditions
We recommend reading the following terms and conditions before using our online store. If you continue to shop on our SWY Brand online shop, you know and accept all the general terms and conditions.SWY Brand d.o.o.reserves the right to change the conditions in the SWY Brand online shop at any time. All changes are legally binding to customers and the SWY brand d.o.o., so we recommend that you regularly review the terms of the agreement.
The general terms and conditions of the SWY BRAND online shop are drawn up in accordance with the Consumer Protection Act (ZVPot-1), the Personal Data Protection Act (ZVOP-2), Regulation (EU) 2016/679 (GDPR) and the Electronic Communications Act (ZEKom-2). The SWY BRAND online store is an information system intended for the presentation and sale of products to the user. It is managed by SWY BRAND d.o.o., hereinafter referred to as supplier / shop / SWY BRAND. The user is the person who uses our system, i.e. the customer in the online shop. When registering in the online shop, the user gets a username that is the same as their e-mail address, which they determine in their profile, and a password. The user's username and password are uniquely determined and linked to the entered data. After registration, the visitor becomes a user and acquires the right to purchase. The General Terms and Conditions concern the operation of the SWY BRAND online shop, your rights and the business relationship between the provider and the customer.
The SWY BRAND online store is managed by the company:
SWY BRAND d.o.o.
Sermin 75b
6000 Koper
Slovenia
Registration number: 8686726000
VAT: SI32690274
Banca Intesa Sanpaolo
BIC / SWIFT: BAKOSI2XXXX
IBAN: SI56 1010 0005 8605 261
Entered in the register: 2020/24698 (District Court of Koper)
The buyer is bound by the general conditions in force at the time of purchase (online order). At the time of the order, the user is reminded of the general conditions of the contract and confirms their knowledge by placing the order.
The provider undertakes to always provide the customer with the following information:
- Company identity (company name and registered office, registration number).
company address (e-mail, telephone). - Essential characteristics of the goods (including sales services, warranties)and the validity period of the provided information.
- Availability of products (every item offered on the website should be available within a reasonable time).
- Terms of product delivery or service performance (and method, place and approximate delivery date).
- All prices, which must be clearly and unequivocally determined, must be clearly displayed, whether they already include taxes and transport costs and other duties, as well as the validity period of this information.
- The method of payment and delivery or fulfillment, and the validity period of this information.
- Time validity of the offer
- The term within which it is possible to withdraw from the contract and the conditions for withdrawal (description of the right of withdrawal pursuant to Article 43c ZVPot; in cases where the consumer has no right of withdrawal pursuant to Article 43c ZVPot, is explicitly informed
- Explanation of the complaints procedure, including all contact details or customer service.
- By logging into the SWY Brand online shop by e-mail, the visitor becomes a member of the SWY Brand online shop. Thus, the member (hereinafter also the user) acquires the right to purchase in the SWY Brand online shop. When registering in the SWY Brand online shop, the visitor gets a username that matches his e-mail address and a password. The username and password of a SWY brand member are unambiguously determined and linked to the entered data. Registration is also possible during the purchase process.
- Use of Personal Information
1.1 Order Processing and Fulfillment: We use the personal information you provide to process your orders your purchases, and deliver them to your preferred shipping address. This includes communicating with you about your order status and providing necessary updates.
1.2 Customer Support: We may use your personal information to respond to your inquiries, provide customer support, and address any issues you may have with our products or services.
1.3 Marketing Communications: With your consent, we may send you promotional emails or newsletters about our products, special offers, abandoned checkouts or upcoming events. You can opt out of receiving such communications at any time by following the unsubscribe instructions included in the emails or contacting us directly.
1.4 Legal Compliance: We may use and disclose your personal information to comply with applicable laws, regulations, legal processes, or enforceable governmental requests. This includes protecting our rights, privacy, safety, and property, as well as those of our customers and the public.
Orders are placed via the Internet 24 hours a day, every day of the year. The consumer chooses and orders the products in the online store, classified under categories.
Ordering in our online shop is easy and safe.
You can purchase in the SWY BRAND store in five steps: choose the product or products and add them to the cart, review the cart, enter your account and delivery information, select the delivery and payment method and confirm the order. Your order will then be shipped as soon as possible.
DELIVERY TIME:
- usually: 3–5 business days after receipt of payment
- during periods of higher order volume: up to 15 working days after receipt of payment
Delivery times refer to transit by the carrier and begin when the parcel is dispatched, not when the order is placed.
During major discount events such as Black Friday and Summer Sale, we receive a significantly higher volume of orders. Dispatch may therefore take longer than usual — up to 15 working days after receipt of payment. The delivery estimates shown at checkout do not apply during these periods. You will receive a tracking number as soon as your parcel leaves our warehouse.
PRICE LIST:
Slovenia (GLS)
Home delivery: 3,79 €
GLS Paketomat: 2,99 €
Free home delivery and Paketomat for orders above 80 €
Croatia (GLS)
Home delivery: 3,79 €
GLS Paketomat: 2,99 €
Free home delivery and Paketomat for orders above 80 €
Slovakia (GLS)
Home delivery: 4,90 €
GLS Balíkomat: 3,50 €
Free home delivery and Balíkomat for orders above 80 €
Italy (BRT)
Home delivery: 5,50 €
BRT Fermopoint: 4,50 €
Free home delivery and Fermopoint for orders above 80 €
Rest of Europe (DPD)
Home delivery: 8,99 €
Free shipping for orders above 80 €
Priority shipping (all destinations): 7,90 €
Delivery in 1–3 business days after dispatch. Your order is prepared and dispatched ahead of standard orders. Transit times are provided by the carrier and may vary due to circumstances beyond our control.
Packaging: Free for all destinations
By scrolling through the Cart, you will see a list of products that have been added to the cart. By clicking the View Cart button, you can see the products in the cart and the total amount of the order (excluding the shipping cost); here, you can enter the discount code in the Coupon Code field and click ENTER COUPON. By clicking on Completion of purchase or Checkout, you will move to the last step to complete the order. First, you enter the payer's information (name, surname, company name, if you want an invoice for a company, select the country, enter the street, postal code, city, telephone and email address). Then you choose whether you want your order to be delivered to another address; if you don't, the products will be delivered to the address that you entered for the invoice. You can enter your notes in the Order Notes field. Under the Your order tab, you can also choose the delivery method and the payment method. By clicking on the BUY NOW button, you agree to our terms and conditions.
After submitting the order, the buyer receives a notification by e-mail that the order has been accepted. It lists the products and quantities selected by the buyer. Regarding a possible change to the order or its cancellation, the buyer must inform the provider via the e-mail address info@swybrand.com, indicating the purchase number stated in the e-mail about the purchase.
After placing the order, you will receive a notification by e-mail, "Your order from...", with which we confirm the receipt of the order in the queue. You usually receive an email notification within 5 minutes, but this time may be extended due to different settings of email clients.
The photos of the products are symbolic and do not guarantee the characteristics of the products (especially in terms of colour deviation). The provider does not commit the correctness and completeness of the information on the pages of the online shop (textual material or image).
SWY brand reserves the right to cancel the order if the item is no longer in stock or the prices are incorrect, which could happen during the insertion of functions on the site. In this case, you will be informed about it as soon as possible. In case of ambiguity, verification of data or guarantee of correct delivery, you will be contacted on the telephone number you entered when ordering.
We will prepare the products and send them to your address within the agreed time. You will also be informed via e-mail with the notification "Your order has been concluded". If you have ordered products that cannot be delivered within the promised deadline for unforeseen reasons, we will inform you of the new deadline added by telephone or to your email address.
The customer can also be informed by e-mail of updated information regarding the delivery of the items. If the delivery time is too long and the buyer does not want to wait, the buyer has the right to cancel their entire order by reporting it to info@swybrand.com or by phone. The company will reimburse the buyer for the funds already paid. Based on the customer's request, shipping the available items or cancelling the entire order is possible. If the supplier confirms the availability of the items ordered by two weeks from the order date, SWY brand will cancel the order due to the lack of availability of the item. From the day of cancellation, the order is no longer valid. SWY Brand assumes no responsibility for any damage resulting from longer delivery times or from the non-delivery of items that SWY Brand does not have in its warehouse. On the other hand, SWY brand assumes full responsibility in the event of neglect or errors caused by the company's employees.
SWY Brand prepares, ships, or prepares the item for personal pick-up within the agreed time frame and informs the customer by e-mail or SMS. With an e-mail, SWY Brand also informs the customer about the contract cancellation policy, where he can go in the event of late delivery and where he can go in case of a complaint. SWY Brand does not receive SMS notification messages on the preparation and shipment of shipments (DPD,DHL ), so customers are invited not to reply to SMS messages but to contact us by email or by phone)
If the buyer decides to cancel an order in preparation time, he must notify the seller immediately on the general assistance telephone number +386 40 203 135 or by email at info@swybrand.com. If the order happens to have already been shipped, the buyer refuses delivery to the courier.
The purchase contract with the provider and the buyer is concluded when the provider confirms the order. From then on, all prices and other conditions are fixed and apply to both the supplier and the buyer. Prices are subject to change and are subject to change without notice. If the price of the item changes during the order processing, we will inform the buyer. In any case, the supplier will do its best to provide the buyer with a lower price or offer a solution that meets their mutual satisfaction. Otherwise, SWY brand reserves the right to withdraw from the contract and return the purchase price to the customer. The sales contract (i.e. the first electronic order status message) is in electronic form, stored on the SWY Brand server, and accessible to the customer. Contracts on the website www.swybrand.com are concluded only in the Slovenian language.
SWY Brand d.o.o. is not responsible for any errors (grammatical, typographical and other) in relation to the price of the items. In case of possible errors, the customer will be notified..
If you want to order by call, please call us on +386 40 203 135, Monday to Friday, 9 am to 3 pm. We will need the same information as online ordering when ordering by phone. When ordering by call, you can choose to pay by proforma invoice.
You can personally pick up your products immediately after placing the order and no later than in 14 days, from Monday to Thursday between 8:00 AM and 3:30 PM, and on Friday between 8:00 AM and 2:30 PM.
Our offer's products are carefully selected and represent top quality in their sector. The items are printed with the transfer technique at 190 ° C, so we recommend ironing on the back of the print. The washing temperature must not exceed 30 ° C. It also helps to turn the garment inside out before washing. Dry cleaning and the use of harsh detergents are not appropriate. Drying should be done at normal temperatures, and do not expose the goods to direct sunlight. Tumble drying is not recommended! The use of bleach is not appropriate.
The following payment methods are available in the online shop:
- Cash on delivery (additional fee €1.50)
- Payment via PayPal
- Payment by credit card
- Payment via Apple Pay
which allows secure payment with credit cards (Mastercard, Visa, Maestro and American Express). The customer does not need to create their own PayPal user account to use credit cards. The PayPal payment system is considered to be one of the safest payment systems in the world ** After receiving payment based on the offer / proforma invoice, the order continues to be processed.
After delivery of the ordered items, SWY Brand also sends the invoice to the customer's email address.
The invoice includes the breakdown of the price and all costs relating to the purchase, as well as a communication of the right to withdraw from the contract.
The buyer must verify the data's correctness before placing the order. Subsequent objections to the correctness of the invoices issued are not taken into consideration
All prices on the website are in euros and include VAT unless the website specifically states otherwise. The reduced price is the regular reduced price at which the presented product is sold for a fixed or indefinite period.
All prices in the online shop are product prices and do not include shipping costs. The prices are valid when the order is placed and do not have a predetermined validity. The prices are valid in case of payment with the payment methods indicated above, under the conditions indicated above.
Despite our best efforts to provide the most current and accurate information, pricing information may be inaccurate. In this case, or if the price of the item changes during the order processing, SWY Brand d.o.o. allows the buyer to withdraw from the purchase. Funds paid with gift cards, bonuses and pro forma invoices are not reimbursed. Gift certificates and discount bonus codes cannot be exchanged for cash. Discounts and coupons are generally only added together if otherwise indicated!
When paying by credit or debit card, the following conditions also apply:
- The payer (user account information) must be the same person or organisation as the payment or credit card holder.
If the data of the payer on the account and the person on the payment or credit card do not match, the supplier reserves the right to cancel the order.
- After confirming receipt of the order, it is impossible to change the order's content either—the final amount of the contract, except in exceptional cases with the approval of the tenderer.
The discount code or promotional code offers various advantages for purchasing through the SWY Brand online shop. You can find the active code on the title page of the advertisement, in the SWY Brand email of the online shop or in other media. The code offers a variety of benefits, from a variety of gifts to discounts. Any code is always limited in time but must be used within a limited time. Otherwise, it is invalid. If the customer uses the discount code or subsequently cancels the order with the code used of his own free will, he is no longer entitled to a new advantage from this code.
Discount codes do not add up and do not apply to products on sale unless otherwise indicated.
Discount codes cannot be used to purchase gift cards.
USE OF THE DISCOUNT CODE:
- Select the items you want to buy and put them in the cart. After adding items to your cart, continue by clicking the Checkout button. Enter your personal data and select the delivery method, specify the delivery address and select the payment method.
- In the same step, click Have a coupon? Click here to enter the code and enter the discount code in the Coupon Code field and confirm the insertion by clicking on the Insert Coupon button.
- When you enter the discount code, the value of the discount code is automatically subtracted from the price of your order. The amount that has yet to be paid remains.
- The discount code can also be a one-time one, meaning you can only use it once.
- In principle, a combination of different benefits (discount code, promotional code and bonus) within the same order is impossible. The order delivery can be processed more efficiently.
Product shipment
All items in the SWY Brand Online Shop have availability information. Availability data is valid for business days.
The user can cancel the placed order at no additional cost until the electronic message relating to the shipment of the goods is received. Order cancellation can only be made at info@swybrand.com.
At the time of cancellation, the user must provide the following information:
order number,
name and surname of the buyer,
Buyer's address In case of non-delivery of the products from the order, the supplier reserves the right to cancel the order if the customer does not respond to the supplier's message.
Before this, the supplier will inform the customer by e-mail and/or contact him on the telephone number provided when placing the order. If the customer does not respond within ten (10) working days, the supplier can cancel the order sent. Customers who have previously paid for their order by bank transfer, Moneta, Pay Pal or credit card will be refunded within five (5) business days of cancelling the order.
In accordance with the provisions of ZVPot-1, the consumer may withdraw from the contract within 14 days without having to state a reason for their decision.
The consumer may notify the company of the withdrawal by completing the withdrawal form, or by communicating it in writing with an unequivocal statement that they are withdrawing from the contract.
The burden of proof regarding the exercise of the right of withdrawal lies with the consumer.
If the consumer has already received the goods and withdraws from the contract, they must return them to the company, or to a person authorised by the company to collect the goods, without delay and no later than 14 days after notifying the withdrawal. In the event of withdrawal, the Provider must, within 14 days of the withdrawal, refund all payments received that were charged to the consumer upon conclusion of the contract (placing of the order), using the same means of payment as the consumer used, unless the consumer has expressly agreed to a different means of payment. Payments that the Provider is obliged to refund for this reason are not refunded in cash.
In the case of a sales contract, the company may withhold the refund of payments received until the returned goods have been collected, or until the consumer provides proof that the goods have been sent back, unless the company offers to collect the returned goods itself.
For reasons of hygiene, it is not possible to return opened underwear, liners or protective masks.
In the case of a return of goods and withdrawal from the contract in accordance with ZVPot-1, the User bears only the cost of returning the goods.
A consumer is a natural person who acquires or uses goods and services for purposes outside their professional or business activity. The possibility of withdrawing from the contract under ZVPot-1 therefore does not apply to legal entities.
The consumer is liable for any diminished value of the goods where the reduction in value is the result of handling that was not strictly necessary to establish the nature, characteristics and functioning of the goods.
The consumer's liability for the diminished value of the goods may amount to the full regular retail price of the goods on the day of purchase. Because of this liability, the Provider recommends that the consumer return goods for which they are exercising the right of withdrawal undamaged, unused and in unchanged quantity, unless the product has been destroyed, spoiled, lost, or the quantity has been reduced through no fault of the consumer. Where the Provider establishes that the returned goods are damaged or that the returned quantity does not match, the consumer is liable for the reduction in value of the goods where that reduction results from handling that was not strictly necessary to establish the nature, characteristics and functioning of the goods. The consumer is liable only for the diminished value resulting from handling of the goods beyond what is necessary to determine their nature, characteristics and functioning.
The consumer may inspect and test the products only to the extent strictly necessary to establish their actual condition — meaning that the consumer examines the goods with all due care and in the manner they could ordinarily do so in a shop. The Provider recommends that the consumer open the packaging carefully, keep it in unchanged condition, and leave the labels attached to the product until they are certain the product is suitable. As these are garments, the Provider suggests that the consumer check the correct size by trying the item on over other clothing rather than against bare skin, and advises taking care to avoid leaving traces of make-up or powder.
The Provider cannot deprive the consumer of the right of withdrawal, and therefore of a refund of the purchase price, solely on the basis of a reduction in the value of the goods caused by the consumer's handling.
Enquiries for further information may be sent to the e-mail address info@swybrand.com.
RETURN OF GOODS in the case of defective or damaged products
Where there has been an error by the company in packaging, or the product is damaged, the postage for returning the goods is borne by the company. In every case the consumer must enclose a completed Form for the return or exchange of goods.
Return address:
SWY BRAND d.o.o.
Sermin 75b
6000 Koper
Slovenia
*Our company does not assume the risk of delays in refunding the purchase price that may arise due to a bank or an online banking application.
Article 135 (exceptions to the right of withdrawal)
Unless the contracting parties have agreed otherwise, the consumer does not have the right of withdrawal referred to in the preceding article in the case of the following contracts:
- goods manufactured to the consumer's precise instructions and adapted to their personal needs;
- goods that are perishable or that quickly reach their expiry date;
- the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, where the consumer has opened the seal after delivery;
- the supply of goods that, by their nature, are inseparably mixed with other items;
- the purchase of gift cards, which are transferable instruments of value and are not subject to return or exchange.
(1) In the event of non-conformity of the goods, the consumer who has notified the seller of the non-conformity is entitled, under the conditions and in the order set out in this section, to:
- require the seller to bring the goods into conformity free of charge;
- require a reduction of the purchase price in proportion to the non-conformity, or withdraw from the sales contract and request a refund of the amount paid.
(2) The consumer may withhold payment of the remaining part of the purchase price, or part of that remaining amount, until the seller has fulfilled their obligation under this section. The consumer exercises this right by a statement notifying the seller of their decision.
(3) In every case the consumer also has the right to claim compensation for damages from the seller, and in particular reimbursement of the costs of materials, spare parts, labour, transfer and transport of the goods incurred as a result of asserting a warranty claim under paragraph (1) of this article.
BRINGING GOODS INTO CONFORMITY
(1) The consumer may require the seller to bring the goods into conformity free of charge, without significant inconvenience to the consumer, within a reasonable period from the moment the consumer notifies the seller of the non-conformity, which shall not exceed 30 days, taking into account in particular the nature of the goods and the purpose for which the consumer requires them.
(2) The period referred to in the preceding paragraph may be extended by the shortest time necessary to complete the repair or replacement, but by no more than 15 days. In determining the extended period, account shall be taken of the nature and complexity of the goods, the nature and seriousness of the non-conformity, and the effort required to complete the repair or replacement. The seller shall inform the consumer of the number of days of the extension and the reasons for it before the expiry of the period referred to in the preceding paragraph.
(3) Goods shall be deemed to have been brought into conformity free of charge if the seller also bears the necessary costs incurred in doing so, in particular the costs of postage, transport, labour or materials.
(4) In order to bring the goods into conformity, the consumer may choose between repair of the goods and replacement of the goods with new, faultless goods, unless:
- fulfilment of the chosen warranty claim is impossible, or
- fulfilment of the chosen warranty claim would impose disproportionate costs on the seller compared with the alternative warranty claim, taking all circumstances into account.
(5) The circumstances referred to in the second indent of the preceding paragraph are in particular the value the goods would have had if they had not been non-conforming, the significance of the non-conformity, and whether the alternative warranty claim could be provided without significant inconvenience to the consumer.
(6) The seller may reject the consumer's warranty claim to bring the goods into conformity if repair and replacement are impossible, or if they would impose disproportionate costs on the seller taking all circumstances into account, including those in the preceding paragraph.
(7) Where repair or replacement of the goods is required to bring them into conformity, the consumer shall make the goods available to the seller. Where replacement is required, the seller shall take back the replaced goods at their own expense.
(8) Where goods that were installed in accordance with their nature and purpose before the non-conformity became apparent must be removed for the purposes of repair or replacement, the obligation to repair or replace the goods also includes the removal of the non-conforming goods and the installation of the replacement or repaired goods, or the covering of the costs of that removal and re-installation.
(9) The consumer is not required to pay for the normal use of the replaced goods in the period before their replacement.
Reduction of the purchase price and withdrawal from the sales contract
(1) The consumer may request a proportionate reduction of the purchase price, or withdraw from the sales contract, in any of the following cases:
- the seller has not repaired or replaced the goods or, where appropriate, has not completed the repair or carried out the replacement in accordance with this Act, or has rejected the consumer's warranty claim to bring the goods into conformity pursuant to paragraph (6) of the preceding article;
- the non-conformity persists even though the seller has attempted to bring the goods into conformity;
- the nature of the non-conformity is so serious as to justify an immediate proportionate reduction of the purchase price or withdrawal from the sales contract; or
- the seller has stated, or it is evident from the circumstances, that the seller will not bring the goods into conformity within a reasonable period or without significant inconvenience to the consumer.
(2) Notwithstanding the preceding paragraph, the consumer may withdraw from the sales contract and request a refund of the amount paid if the non-conformity appears within less than 30 days of delivery of the goods.
(3) Where the consumer requests a proportionate reduction of the purchase price, the reduction shall be proportionate to the decrease in the value of the goods received by the consumer compared with the value the goods would have had if they had been in conformity.
(4) The consumer exercises withdrawal from the sales contract by a statement notifying the seller of the decision to withdraw.
(5) Where the non-conformity relates to only part of the goods supplied under the sales contract and there are grounds for withdrawal pursuant to paragraph (1) or (2) of this article, the consumer may withdraw from the contract in respect of those goods and any other goods acquired together with the non-conforming goods, if the consumer cannot reasonably be expected to keep only the goods that are in conformity.
(6) Where the consumer withdraws from the sales contract, the consumer shall return the goods to the seller at the seller's expense.
(7) The consumer may not withdraw from the sales contract if the non-conformity is merely insignificant. The burden of proof as to whether the non-conformity is insignificant lies with the seller.
Notification of non-conformity and inspection of the goods
(1) The consumer may exercise their rights arising from non-conformity if they notify the seller of the non-conformity within two months of the day on which the non-conformity was established.
(2) In the notification of non-conformity, the consumer shall describe the non-conformity precisely.
(3) The consumer may communicate the notification of non-conformity to the seller in person, for which the seller shall issue a confirmation, or send it to the shop where the goods were purchased, or communicate it to the seller's representative with whom the sales contract was concluded.
(4) The consumer shall allow the seller to inspect the goods that the consumer claims are non-conforming.
Promotions
If a customer returns one or more products purchased as part of a "1+1 free", "2+1 free" or other quantity-based promotion, the promotional benefit is recalculated according to the number of products the customer keeps after the return. The refund amount is determined as the difference between the amount paid and the value of the retained products after the promotion has been recalculated. If, after recalculation, no refund is due to the customer, no refund is issued. Under no circumstances will SWY BRAND require the customer to make an additional payment, even if the value of the retained products at regular prices would exceed the amount already paid.
Example: a customer purchases products as part of a "1+1 free", "2+1 free" or other quantity-based promotion. If they return one or more products after the purchase, the promotional benefit is recalculated according to the number of products retained. The customer is refunded only the difference, if any, between the amount already paid and the value of the retained products after recalculation. If there is no difference, no refund is due.
If the customer received a gift (promotional item) with the purchase, it must also be returned in the event of withdrawal from the contract. If the gift is not returned, the seller reserves the right to deduct the value of the gift from the refund.
In the case of advance payment, from the moment the shipment is handed over to the delivery service (GLS, BRT or DPD, depending on the destination), the supplier is not liable for physical damage, destruction or loss of the shipment, nor for missing contents, nor where the shipment shows signs of having been opened (visible damage to the packaging).
In all such cases the user must start a complaint procedure with the carrier that delivered the shipment: report the damage to the carrier, keep the shipment in the condition in which it was received without adding or removing anything, and complete the carrier's damage report. Please also inform us at info@swybrand.com or by phone on +386 40 203 135 so that we can assist with the claim.
Warranty claims and other consumer rights (Article 81)
(1) In case of non-conformity of the goods, the consumer, who has informed the seller about the non-conformity of the goods, is entitled to:
- 1. requires the seller to establish the conformity of the goods free of charge;
-2. requests a reduction of the purchase price in proportion to the non-conformity or withdraws from the sales contract and requests a refund of the amount paid.
(2) The consumer may withhold payment of the remaining part of the purchase price or a part of this remaining part of the purchase price until the seller fulfills his obligation from this section. The consumer asserts this right with a statement informing the seller of his decision.
(3) In any case, the consumer also has the right to demand compensation from the seller for damages, and in particular reimbursement of the costs of materials, spare parts, work, transfer and transport of goods that arise as a result of asserting a warranty claim from the first paragraph of this article.
Establishment of comformity
(1) The consumer may request the seller to establish the conformity of the goods free of charge within a reasonable period from the moment he informs the seller of the non-conformity, which is not longer than 30 days, without significant inconvenience for the consumer, taking into account in particular the nature of the goods and the purpose for which the consumer needs the goods.
(2) The deadline from the previous paragraph can be extended to the shortest time necessary to complete the repair or replacement, but for a maximum of 15 days. The nature and complexity of the goods, the nature and severity of the non-conformity and the effort required to complete the repair or replacement shall be taken into account in determining the extended period. The seller informs the consumer about the number of days for the extension of the deadline and the reasons for its extension before the expiry of the deadline from the previous paragraph.
(3) It is considered that the conformity of the goods is established free of charge, if the seller also bears the payment of the necessary costs incurred in establishing the conformity of the goods, in particular shipping, transportation, work or material costs.
(4) In order to establish the conformity of the goods, the consumer can choose between the repair of the goods and the replacement of the goods with new flawless goods, unless: - the fulfillment of the selected warranty claim is impossible or - the fulfillment of the selected warranty claim disproportionate costs for the seller compared to another warranty claim, taking into account all the circumstances.
(5) The circumstances from the second indent of the previous paragraph are in particular the value that the goods would have if they were not non-conforming, the significance of the non-conformity and the possibility that the consumer would significant inconveniences are provided by another warranty claim.
(6) The seller may reject the consumer's warranty claim to establish the conformity of the goods, if repair and replacement are not possible or if it would cause him disproportionate costs, taking into account all the circumstances, including those from the previous paragraph.
(7) When in order to establish conformity, the necessary repair or replacement of the goods to make the consumer goods available to the seller. When it is necessary to replace the goods to establish conformity, the seller takes back the replaced goods at his own expense.
(8) When the goods, which were installed in accordance with their nature and purpose before the non-conformity became apparent, for the purpose of repairing or replacing the goods remove, the obligation to repair or replace the goods also includes the removal of the non-conforming goods and the installation of the replacement or repaired goods, or the covering of the costs of this removal and new installation.
(9) The consumer does not have to pay for the normal use of the replaced goods in the period before the replacement.
Reduction of the purchase price and withdrawal from the sales contract
(1) The consumer may request a proportional reduction of the purchase price or withdraw from the sales contract in any of the following cases:- rejected the consumer's warranty claim for the establishment of conformity of the goods in accordance with the sixth paragraph of the previous article; - the non-conformity exists even though the seller tried to establish conformity; - the nature of the non-conformity is so serious that it justifies an immediate proportional reduction of the purchase price or withdrawal from the sales contract, or - the seller is stated or it is clear from the circumstances that the seller will not establish the conformity of the goods within a reasonable time or without significant inconvenience for the consumer.
(2) Notwithstanding the preceding paragraph, the consumer may withdraw from the sales contract and demand the return of the amount paid if the non-conformity appears in less than 30 days from the delivery of the goods.
(3) If the consumer requests a proportional reduction of the purchase price, the reduction of the purchase price is proportional to the decrease in the value of the goods received by the consumer, compared to the value that the goods would have if they were compliant.
(4 ) Withdrawal from the sales contract is asserted by the consumer with a statement informing the seller of the decision to withdraw from the sales contract.
(5) When the non-conformity concerns only a part of the goods supplied on the basis of the sales contract and there is a reason to withdraw from the sales contract in in accordance with the first or second paragraph of this article, the consumer may withdraw from the contract in relation to these goods and any other goods he acquired together with the non-conforming goods, if the consumer cannot reasonably be expected to keep only the goods that are in conformity.
(6) When the consumer withdraws from the sales contract, the consumer returns the goods to the seller at the seller's expense.
(7) The consumer cannot withdraw from the sales contract if the non-conformity is only insignificant. The seller bears the burden of proof as to whether the non-conformity is insignificant.
Notification of non-conformity and inspection of the goods
(1) The consumer can exercise his rights in relation to the non-conformity if he notifies the seller of the non-conformity within two months from the date on which the non-conformity was established.
(2) In the notice of non-conformity, the consumer describes the non-conformity in detail.
(3) The consumer can notify the seller of the non-conformity in person, for which the seller issues a certificate, or sends it to the store where the goods were purchased, or communicates it to the seller's representative, with whom concluded a sales contract.
(4) The consumer allows the seller to inspect the goods, which the consumer claims are non-conforming.
The buyer must verify the invoice data's correctness and notify the seller of any errors within eight (8) days of receipt. Subsequent complaints should be taken into consideration. Your credit card will be charged directly upon order confirmation. The amount that will be charged to your card may differ from the amount indicated on our site, as it depends on the surcharges or fees of the card issuer (and/or card provider) applied during the transaction process.
We are not responsible for fees associated with changes in exchange rates and surcharges set by your bank or any additional fees for foreign currency transactions charged by the card issuer if EUR is not the currency in which the credit card issuer issues invoices.
SWY Brand d.o.o. undertakes to permanently protect all personal data of the user in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and ZVOP-1. Everything is detailed
For information on the processing of personal data, consult the Privacy Policy. The user must be aware that he is obliged to provide the personal trader with his/her personal data in a correct and truthful form and is also obliged to inform the online trader of the modification of his data. By accepting these terms and conditions, the user confirms that the personal data provided by him/her is correct.
The SWY brand will contact the user via remote means of communication only if the user does not explicitly object to this and in accordance with the provisions of ZEKom-1.
The provider's advertising emails will contain the following components:
- They will be marked clearly and unambiguously as advertisements.
- The sender of the SWY brand will be clearly visible.
Various campaigns, promotions and other marketing techniques will be marked as such, and the participation conditions will be clearly defined. - The method to unsubscribe from receiving advertisements will be clearly presented.
- The providers will explicitly respect the users wish not to receive advertising messages.
- SWY Brand advertising messages will be clearly visible and clearly separated from games and competitions Copyright
The SWY Brand online shop is owned by SWY Brand d.o.o., all rights reserved. The website's content may contain material whose copyrights may also be owned by third parties. Therefore, any transmission of information from the website is permitted only with the owner's prior written consent. We reserve the right to change the terms without notice. SWY Disclaimer
The brand makes every effort to ensure that the information published on its website is up-to-date and correct. However, the characteristics of the items, the delivery time, or the price can change so quickly that the supplier cannot correct the information on the website. In this case, the supplier will notify the customer of the changes and allow him to withdraw from the contract or replace the ordered item. The supplier has the option of withdrawing
from the contract only if a manifest error is ascertained (Article 46 of the Slovenian Civil Code). An apparent defect is considered a defect of the essential characteristics of the article, and all mistakes that are considered decisive according to the uses of the shop or the intention of the customers and which the supplier would not confirm or conclude the contract in case of knowledge. This also includes obvious pricing errors
The provider complies with applicable consumer protection legislation and makes every effort to fulfil its duty to ensure an effective complaint-handling system. Complaints can be sent by e-mail to info@swybrand.com or by ordinary mail to the address: SWY BRAND d.o.o., Sermin 75b, 6000 Koper, Slovenia. The complaint procedure is confidential. SWY BRAND d.o.o. is aware that an essential characteristic of consumer disputes is the disproportion between the economic value of the complaint and the time and costs incurred in resolving the dispute, which is also the main obstacle to a consumer bringing a dispute to court. Therefore SWY BRAND endeavours to the best of its ability to resolve any disputes amicably. The supplier will confirm within five working days that the complaint has been received, inform the user of the time necessary to deal with it, and keep them informed of the progress of the procedure.
Following the legal regulations of SWY Brand, d.o.o. does not recognise any out-of-court consumer dispute resolution provider competent for resolving consumer disputes that may be initiated by the consumer under the Out-of-Court Consumer Dispute Resolution Act. SWY Brand d.o.o., which is a supplier of goods and services, allows online commerce in the territory of the Republic of Slovenia and publishes on its website an electronic link to the online platform for the resolution of consumer disputes (SRPS).
This regulation derives from the Law on out-of-court settlement of consumer disputes, Regulation (EU) no. Regulation (EC) n. 524/2013 of the European Parliament and of the Council on the online resolution of consumer disputes and amending Regulation (EC) no. 2016/2004 and Directive 2009/22 / EC.
Help and further questions
For all your questions, we are available via
email info@swybrand.com or by phone on +386 40 203 135, Monday to Friday from 9 am to 3 pm.
