Regulations for the Distance Sale of Goods and Provisions for Electronic Services

1. These Regulations apply to the distance sale of goods and the provision of electronic services concerning the sale of goods, which are presented on the website www.schwung.design by the company SCHWUNG HOME SP. Z O.O. with its registered office in Namysłów, Poland, having the address at: Kazimierza Pułaskiego 4a, 46-100 Namysłów, Poland, entered into the register of entrepreneurs under the National Court Register (KRS) number: 0000375127, which registration files are kept by the District Court in Opole, Poland, VIII Commercial Division of the National Court Register, having the statistical number (REGON): 160377462 and tax identification number (NIP): 7511761896, share capital in the amount of PLN 500,000.00, fully paid, contact e-mail address: info@schwung.design.

2. The Regulations define the procedure for concluding and performing sales agreements as well as the rights and obligations of the parties to these agreements.

The following terms, used in the Regulations, have the following definitions:

1. Consumer - a natural person concluding a contract with the Seller, the subject of which is not directly related to its business or professional activity. A consumer, within the meaning of the provisions of these Regulations, is also a natural person referred to in art. 38a of the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287 as amended),

2. Entrepreneur - a natural person, legal person or organizational unit without legal personality with legally granted capacity, conducting business or professional activity on its own behalf,

3. Customer - any entity concluding a Sales Agreement with the Seller, regardless of the legal form,

4. Product - a movable item or service being the subject of the Sales Agreement concluded between the Customer and the Seller, presented by the Seller on the website www.schwung.design or included in the Seller's offer,

5. Sales Agreement - a Product sales contract concluded between the Customer and the Seller,

6. Regulations - these Regulations for the distance sale of goods and provision of electronic services,

7. Order - Customer's declaration of will, indicating the intention to conclude a Sales Agreement with the Seller, submitted by the Customer via e-mail to the following address: info@schwung.design,

8. Order Confirmation - the Seller's declaration of will, confirming the acceptance of the Order, received from the Customer, and constituting a necessary condition to conclude a Sales Agreement with the Customer. Order Confirmation shall be submitted by the Seller to the Customer to the e-mail address provided by the Customer in the Registration Form or in the Order, if the address indicated in the Order is different than the one indicated in the Registration Form,

9. Customer Account - an account belonging to the Customer, created by the Customer on the website: www.schwung.design, which collects the data indicated by the Customer,

10. Registration form - a form available on the website: www.schwung.design, enabling the creation of a Customer Account.

In order to use the Seller's website, including the possibility of viewing the Products offered by the Seller, as well as placing the Orders for the Products, the Customer should be in possession of:

1. a device, e.g. a computer, laptop or other multimedia device with access to the Internet,

2. access to e-mail and an active e-mail account,

3. web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; recommended minimum screen resolution: 1024x768,

4. the ability to enable the saving of cookies and Javascript in the web browser.

1. The Customer may set up a Customer Account on the Seller's website www.schwung.design. To set up a Customer Account, the Customer should complete the Registration Form available in the tab: https://schwung.design/register. The Registration Form requires the Customer to provide the data needed by the Seller, such as: name and surname, e-mail address, telephone number, shipping address and, in the case of entrepreneurs, the entity name and tax identification number. When creating a Customer Account, it is required to submit a declaration to confirm that the Customer has read and accepted the Regulations and the Privacy Policy Policy. Logging in to the Customer Account needs entering by the Customer the login and password set in the Registration Form.

2. Setting up an Account by the Customer is free. The Customer may at any time, without giving a reason and without incurring any fees, delete the Customer Account by sending an appropriate request to the Seller, in particular via e-mail or in writing.

3. The Customer may subscribe to the Seller's newsletter to receive regular information on new Products, current promotions and other information regarding the Seller's product range.

4. The Customer is hereby informed that it is forbidden to post illegal content on the website www.schwung.design or in the Customer Account, in particular, but not exclusively, a content that violates the personal rights of third parties, vulgar content or content inciting to hatred on the basis of racial, ethnic or religious content or other content that violates generally accepted social norms.

1. Product prices are given in euro and are net prices (they do not include value added tax - VAT). Prices do not include delivery costs.

2. The Seller reserves the right to change the prices or features of the Products, and the assortment, to carry out or cancel promotional campaigns or to change the other information placed on the website www.schwung.design, provided that this right does not infringe the rights of Customers who placed an Order or concluded a Sales Agreement before the changes were introduced.

3. Obtaining information about the prices of Products is available only to logged in Customers who set up a Customer Account on the website: www.schwung.design.

1. Placing an Order by the Customer is equivalent to accepting the provisions of these Regulations.

2. The Seller's presentation on the website www.schwung.design, particularly the description of the Products, prices, etc. does not constitute an offer, but is only an invitation to conclude an Agreement. The Seller reserves that the information on the website may be incorrect or out of date.

3. The Customer may place the Orders 24 hours a day, 7 days a week, by sending an e-mail with the Order to the Seller's address info@schwung.design.

4. The Customer indicates in the Order: the selected Product, the number of items, Customer’s personal data: name and surname, delivery address, e-mail address, telephone number; in the case of entrepreneurs - the entity’s name and tax identification number; in the case of providing the data of another person for shipment, also name and surname of that person as well as their address details and telephone number; payment details.

5. When placing an Order, it is necessary to declare that the Customer has read and accepted the Regulations and the Privacy Policy of the Seller and that the Customer agrees to the processing of the personal data in order to perform the Sales Agreement. In the Order, the Customer may also consent to the processing of the personal data for the Seller's marketing purposes, which is not necessary for the conclusion and performance of the Sales Agreement.

6. The Seller verifies the correctness of the Order within 3 working days of receiving the Order and:

a) confirms the Customer's Order, or

b) makes changes to the Order, or

c) informs the Customer that the Product is not available or the Order cannot be confirmed for other reasons.

7. The Seller sends the Confirmation of the Order by way of e-mail to the Customer's e-mail address provided when placing the Order.

8. In the Order Confirmation, the Seller indicates: the Products, the unit price, the number of items, the cost of delivery and other essential elements of the transaction. The conclusion of the Sales Agreement takes place when the Seller sends the Order Confirmation to the Customer. If the Order Confirmation is not received within 7 working days, the Customer should contact the Seller at the following e-mail address: info@schwung.design or by the phone at: +48 774 110 353.

9. If the Seller makes any substantial changes in relation to the Order, performance of the Order requires the final acceptance of the Order Confirmation by the Customer, about which the Seller informs the Customer in the Order Confirmation. In this case, the conclusion of the Sales Agreement takes place when the Customer sends the Seller the acceptance of the changes introduced by the Seller in the Order Confirmation.

10. For the Seller to perform the Sales Agreement, the Customer is obliged to make an advance payment of 50% of the Order value to the Seller's bank account, indicated in the Pro Forma Invoice, within 10 days from the conclusion of the Sales Agreement. 50% advanced payment is require for orders above the value of 1 500,00 Euros. If the value of the order is below 1 500,00 Euros or if the order is shipped from stock a 100% payment is required.

11. If the Customer has made the payment before confirming the Order by the Seller and the Seller refused to accept the Order, the Seller shall promptly refund the amount of the advance payment to the Customer. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for the Customer.

12. After the Product has been manufactured, the Seller informs the Customer that the Product is ready for shipment, and the Customer should pay the remaining part of the price within 3 days, to the Seller's bank account indicated in the Order Confirmation.

13. Full payment for the Product, along with the payment of the delivery costs indicated by the Seller, is a necessary condition for shipping the Products to the Customer.

14. The payment shall be deemed to have been made on the date the Seller's bank account is credited with the payment amount.

1. Delivery of Products to the Customer takes place via a courier company selected by the Seller. The Customer shall incur the costs of the delivery unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer in the Order Confirmation.

2. Pickup of Products in person by the Customer is free of charge, provided that it is possible only after prior notification of the Customer by the Seller about such a possibility.

3. The average production time is approx. 6-8 weeks from receiving an advance payment from the Customer.

4. The Customer acknowledges that the production takes place on the basis of an individual Customer Order and the waiting time for the Products may be extended for reasons beyond the control of the Seller, about which the Seller shall immediately inform the Customer.

5. In the case of ordering Products with different delivery times, the Seller has the option of delivering the Products in parts or delivering all the Products after completing the entire Order.

6. Before collecting the package from the courier, the Customer is obliged to check its condition, and in the event of damage the Customer is obliged to refuse to accept it or request the courier to draw up a damage report.

1. Consumer, i.e. buyer, which is a natural person as defined in point II. b) of these Regulations, may withdraw from the distance Sales Agreement within 14 days.

2. The running of the above-mentioned time limit commences with the moment when the Product has been received by the Consumer or a third party designated by the Consumer, other than the carrier. In the case of a Sales Agreement, which includes many items that are delivered separately, in batches or in parts - the above-mentioned time limit commences when the last item, batch or part has been received.

3. Withdrawal from the distance Sales Agreement is done by submission by the Consumer a declaration submitted to the Seller on withdrawal from the Sales Agreement:

a) in writing to the following address: SCHWUNG HOME SP. Z O.O. ul. Kazimierza Pułaskiego 4a, 46-100 Namysłów, Poland, or

b) by e-mail to the following e-mail address: info@schwung.design.

4. To meet the deadline for withdrawing from the distance Sales Agreement, it is sufficient for the Consumer to send a statement of withdrawal before the expiry of that deadline. If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer, to the e-mail address provided by the Consumer, a confirmation of receipt of the declaration of withdrawal from the distances Sales Agreement.

5. The declaration of withdrawal from the distance Sales Agreement may be submitted on the standard form, which constitutes Appendix 1 to these Regulations, however the use of this form is not obligatory.

6. In the event of withdrawal from the distance Sales Agreement, the Consumer should, at Consumer’s own expense:

a) properly pack the Product (in a manner that protects the Product against damage in transit) and

b) deliver or return the Product to the Seller's address provided in these Regulations, in person or via a courier indicated by the Seller, no later than 14 days from the day on which the Consumer has informed the Seller about the withdrawal from the distance Sales Agreement.

7. The deadline for withdrawal from the Sales Agreement by the Consumer will be met if the Consumer delivers or sends back the Product before the expiry of the 14-day period.

8. In the event of withdrawal from a distance Sales Agreement, such agreement is considered void. The Seller shall promptly return to the Consumer, not later than within 14 days from the date of receipt of the declaration of withdrawal from the distance Sales Agreement, all payments made by the Consumer, including the costs of delivering the Products, except for additional costs resulting from the Consumer's modification to the method of delivering the Products offered by the Seller.

9. The Seller may withhold the reimbursement until the Product is received back or until a proof of its return is provided to the Seller, whichever occurs first.

10. The reimbursement shall be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for the Consumer.

11. The Consumer is only responsible for the reduction in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product. If it is found that the Product has been installed or used, the right to return shall not apply.

12. The Consumer shall not have the right to withdraw from a distance Sales Agreement, which subject is a non-prefabricated, ‘custom,’ item, manufactured according to the Consumer's specification or serving to satisfy Customer’s individual needs.

1. The subject of Sales Agreement are only new Products, manufactured on the Customer's order.

2. The Seller provides the Customer with Products free from defects.

3. In the event of a defect in the Product, purchased from the Seller, the Customer has the right to submit a complaint within 2 years.

4. Complaints should be submitted:

a) in writing to the following address: SCHWUNG HOME SP. Z O.O., ul. Kazimierza Pułaskiego 4a, 46-100 Namysłów, Poland or

b) by e-mail to the following e-mail address: info@schwung.design.

5. The Customer should provide in the complaint: a description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer who submits the complaint and the Customer's request in connection with the defect of the Products (replacement, price reduction, withdrawal from the Sales Agreement).

6. If the Customer requests a price reduction or withdraws from the Sales Agreement, the Seller may refuse to accept these requests if the Seller immediately and without undue inconvenience to the Customer replaces the defective Product or removes the defect, unless the Product has already been replaced or repaired. The Seller may also refuse to satisfy the Customer's request if it is impossible to bring the defective Product into compliance with the Sales Agreement in the manner chosen by the Customer or if it requires excessive costs compared to another method of bringing the Product into compliance with the Sales Agreement. If the buyer is an Entrepreneur, the Seller may refuse to replace the Product or to remove the defect also when the costs of compensating this obligation exceeds the price of the Product.

7. The Customer is not entitled to withdraw from the Sales Agreement if the defect is irrelevant.

8. At the request of the Seller, the Customer should deliver the Products specified in the complaint, in person, or send them to the Seller's address provided in these Regulations, together with a copy of the proof of purchase of the Product.

9. The Seller will respond to the complaint immediately, if the Customer is a Consumer - not later than within 14 days, in special cases - within a longer period, about which the Customer will be immediately informed by the Seller.

10. If the complaint, submitted by the Customer, is accepted, the Seller shall reimburse the Customer for the delivery costs incurred by the Customer.

11. The Seller shall be liable for non-performance or improper performance of the Sales Agreement, but in the case of agreements concluded with Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.

12. The Seller shall not be liable for failure to perform the Sales Agreement as a result of a force majeure event. Force majeure is understood as an external event, impossible or difficult to predict, the consequences of which cannot be prevented or would involve disproportionate costs or difficulties. Such events include, for example: flood, fire, epidemics or pandemics, epidemiological or pandemic emergencies, natural disasters, changes in legal regulations, administrative acts issued by local or state authorities, downtime and delays in the delivery of materials or utilities and services remaining beyond the control of the Seller.

1. In the event of additional Customer’s inquiries or the need to receive support regarding the Products or the Order, the Customer may communicate with the Seller using the following addresses and telephone numbers:

• Seller's address: SCHWUNG HOME SP. Z O.O., ul. Kazimierza Pułaskiego 4a, 46-100 Namysłów, Poland,

• Seller's e-mail address: info@schwung.design,

• Seller's telephone number: +48 774 110 353 available on business days from 8:00 to 16:00 CET.

1. The Seller is the Collector of the Customers' personal data.

2. Customers' personal data shall be collected and processed by the Collector: in the process of submitting and handling Orders; in the case of creating a Customer Account in the Registration Form; by providing the data on the Customer Account; in order to send commercial information by electronic means - based on the Customer's consent; in the event of a complaint or withdrawal from a distance Sales Agreement; if it is necessary to issue a VAT invoice or other accounting document; if the Customer asks a question or request for help; by collecting "Cookies".

3. Contact to the Personal Data Protection Inspector: administration@schwung.design.

4. Detailed rules and procedures for the processing of Customers' personal data are contained in the Privacy Policy available on the website www.schwung.design, tab https://schwung.design/privacy-policy.

1. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on the provision of electronic services, the Act on consumer rights, the Act on the protection of personal data and others.

2. In trade between Entrepreneurs, all disputes shall be settled by the court having jurisdiction over the registered office of the Seller.

3. Sales Agreements are governed by the provisions of Polish law, excluding conflict of law rules stipulating the choice of other law. This provision does not deprive the Consumer of the protection granted by the law of the country of Consumer’s habitual residence, which cannot be excluded under the agreement.

4. The invalidity of individual provisions of these Regulations shall not affect the validity of their remaining provisions. Even if only part of a given provision is invalid, this shall not affect the validity of the rest of it.

5. The Seller reserves the right to amend these Regulations. All Orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations which are in force on the date of placing the Order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Seller’s website.