Version: 1.0 | Effective Date: TODO: [Insert Date] << UPDATE BEFORE PUBLISHING
Welcome to the Swesh website (hereinafter referred to as: "Site" or "Web Shop") operated by TODO: T.D. MODA d.o.o. (<< CONFIRM/UPDATE COMPANY NAME) (hereinafter referred to as: "we", "us", "our"). These Terms of Service govern your access to and use of the Site and the purchase of products offered on the Site. Please read these Terms carefully before using the Site or making a purchase.
By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is an integral part of these Terms. If you do not agree with these Terms, please do not use the Site.
We grant you permission to use the Site for the purpose of browsing our products and making purchases. You may use the Site only for lawful purposes and in accordance with these Terms.
We reserve the right to modify or withdraw the Site, and any service or material we provide on the Site, in our sole discretion and without prior notice.
To access certain parts of the Site or make purchases, you may need to provide certain registration details or other information. It is a condition of your use of the Site that all information you provide is accurate, current, and complete.
You can make purchases on the Site as a registered user or as a guest ("Quick Checkout").
If you choose to create a user account, you are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
We strive to provide the most accurate descriptions and images of products on the Site. However, we do not guarantee that product descriptions, colors, prices, or other content on the Site are completely accurate, complete, reliable, current, or error-free.
All product prices are expressed in EUR and include the applicable value-added tax (VAT), unless otherwise stated. Prices do not include delivery costs, which will be added to the total amount at the end of the order process.
We reserve the right to change product prices at any time without prior notice. Such changes will not affect orders we have already confirmed.
By submitting an order through the Site, you are offering to purchase products under these Terms. All orders are subject to our acceptance, which we will confirm by sending you an order confirmation email.
We accept payments through the methods available via our payment service provider, Stripe. TODO: [Specify main accepted payment methods via Stripe, e.g., Visa, Mastercard, Google Pay, Apple Pay...]. All payments are processed by Stripe and are subject to their terms and privacy policy.
You agree to provide accurate and complete payment information. Your order will not be processed until payment is authorized.
We reserve the right to refuse or cancel any order for any reason, including but not limited to: product unavailability, errors in product description or price, issues identified by our fraud prevention system, or if we suspect you are violating these Terms.
We deliver products to addresses within Croatia and neighboring countries (Slovenia, Bosnia and Herzegovina, Serbia, Austria, Hungary), the rest of the European Union, and other countries worldwide where delivery is possible.
Available delivery options and associated costs will be displayed during the checkout process.
Estimated delivery times are indicative and depend on the selected delivery method and destination. We use external delivery services (e.g., DPD, GLS, Croatian Post). We are not responsible for delays caused by the delivery service or force majeure.
TODO: [Create a separate "Delivery Policy" page and link it here]. Detailed information about delivery methods, timelines, shipment tracking, and procedures in case of delivery issues can be found on our Delivery Policy page.
The risk of loss or damage to the products passes to you at the moment you or a third party designated by you (other than the carrier) physically receive the product.
In accordance with European Union legislation, you have the right to withdraw from a distance contract (purchase via the Web Shop) without giving any reason within 14 (fourteen) days.
The withdrawal period starts from the day you or a third party designated by you (other than the carrier) received the product into physical possession. If the order consists of multiple products delivered separately, the period starts from the day of receipt of the last product.
To exercise the right of withdrawal, you must inform us of your decision by an unequivocal statement before the withdrawal period expires. You can do this by sending an email to TODO: [Define Prefix]@wearswesh.com. TODO: [Consider adding an online withdrawal form].
In case of withdrawal, you are obliged to return the goods to us without undue delay, and no later than 14 days from the day you notified us of your decision. You return the goods to the address: Pehlinska 9, 10000 Zagreb, Croatia.
You bear the direct cost of returning the goods (you as the customer).
The returned goods must be in their original condition: unused, undamaged, with all original tags attached, and in the original packaging (if applicable). You are liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Once we receive the returned goods and determine that they meet the conditions for return, we will refund the amount paid (including the original delivery costs, except for supplementary costs if you expressly chose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay, and no later than 14 days from the day we received your decision to withdraw (provided we have received the returned goods or proof that you have sent them back).
The refund will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
We are liable for material defects (non-conformity) of the products we sell in accordance with the applicable laws of the Republic of Croatia and the European Union.
If a product has a material defect, you are entitled to the legal guarantee of conformity. Please notify us of the defect within the statutory period via email at TODO: [Define Prefix]@wearswesh.com, describing the defect and attaching proof of purchase (invoice).
In the event of a justified complaint, depending on the circumstances, you have the right to have the product repaired, replaced, receive a price reduction, or withdraw from the contract with a refund, in accordance with legal provisions.
TODO: [Create a separate "Complaints Procedure" page and link it here]. More detailed information about the complaint submission procedure can be found on our Complaints Procedure page.
The Site may allow users to post reviews, comments, or other content ("User Content").
By posting User Content on the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply.
We take no responsibility and assume no liability for any User Content posted by you or any third party. We reserve the right (but not the obligation) to monitor, edit, or remove any User Content in our sole discretion.
When posting User Content, you agree not to post content that is:
TODO: [Specify additional rules for the "Community" section if necessary].
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TODO: T.D. MODA d.o.o. (<< CONFIRM/UPDATE COMPANY NAME), its licensors, or other providers of such material and are protected by Republic of Croatia and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The name "Swesh", the Swesh logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TODO: T.D. MODA d.o.o. (<< CONFIRM/UPDATE COMPANY NAME) or its affiliates or licensors. You must not use such marks without our prior written permission.
To the fullest extent permitted by applicable law, TODO: T.D. MODA d.o.o. (<< CONFIRM/UPDATE COMPANY NAME), its affiliates, employees, agents, directors, or licensors shall in no event be liable for any indirect, consequential, punitive, special, or incidental damages (including, without limitation, damages for loss of business, profits, revenue, data, or business interruption) arising out of or related to your use of or inability to use the Site or products purchased through the Site, even if we have been advised of the possibility of such damages.
Our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, TODO: shall not exceed the amount paid by you for the product giving rise to the claim or [Specify fixed amount, e.g., 100 EUR], whichever is greater [LEGAL ADVISOR SHOULD REVIEW THIS CLAUSE].
Our collection and use of your personal information in connection with your access to and use of the Site is described in our Privacy Policy.
These Terms and any disputes arising out of or related to them or your use of the Site or purchase of products shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions.
Any disputes arising from or related to these Terms shall be resolved primarily amicably. If an amicable solution is not possible, disputes shall be subject to the jurisdiction of the courts in Zagreb, Republic of Croatia.
In accordance with EU regulation, we inform you of the existence of the Online Dispute Resolution (ODR) platform, which you can access via the link: https://ec.europa.eu/consumers/odr. Our email address for the ODR platform is TODO: [Define Prefix]@wearswesh.com.
We reserve the right to modify these Terms at any time. All changes are effective immediately upon posting on the Site. It is your responsibility to review these Terms periodically to be aware of any changes. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
If you have any questions about these Terms, please contact us at: