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Terms and Conditions

  1. General Provisions

    1. This document sets out general terms and conditions, the manner of providing services by electronic means and sales conducted via the www.missionswim.com Online Shop. The shop is operated by Mission Swim sp. z o.o. with its registered office in Warsaw, Pl. Piłsudskiego 1-3, 00-078 Warszawa, registered in the National Court Register by the District Court for the capital city of Warsaw, the 12th Commercial Division of the National Court Register inder number 0000736284, NIP [tax identification number]: 5252753581, REGON [statistical identification number]: 380517355, hereinafter referred to as the Seller.

    2. The Seller may be contacted by:
        - e-mail at e-mail address: info@missionswim.com,
        - telephone at: +48 530 175 871
        - contact form available at: http://missionswim.com/contact

    3. These Terms and Conditions are continuously available at www.missionswim.com.com, in a manner making it possible to download, retrieve and fix the contents of the Terms and Conditions by printing the same or saving the same on a medium any time.

    4. The Seller informs that the use of services provided by electronic means may involve risk for every Internet user, consisting in a possibility of introducing into the Client’s tele-information system malicious software and obtaining and modifying the Client’s data by unauthorised persons. In order to avoid such risk, the Client should apply relevant technical measures to minimise the occurrence of the risk, including but not limited to antivirus programs and firewall.

  2. Definitions

    The terms used in these Terms and Conditions shall have the following meaning:

    1. Business Days– are days from Monday to Friday, except for Public Holidays;
    2. Client– an individual having full capacity to enter into transactions, an individual operating as a sole trader, a legal person, or an organisational unit not being a legal person but having legal capacity vested by specific legal provisions, who places an Order at the Online Shop or uses other Services available from the Online Shop;
    3. Civil Code– the act dated 23 April 1964 (Dz. U. [Journal of Laws] No. 16, item 93 as amended);
    4. Account– a part of the Online Shop assigned to the given Client, via which the Client may carry out specific actions at the Online Shop;
    5. Consumer– a Client who is a consumer in the meaning of Article 22[1] of the Civil Code;
    6. Undertaking– a Client who is a private undertaking in the meaning of Article 43[1] of the Civil Code;
    7. Terms and Conditions– this document;
    8. Goods– a product displayed at the Online Shop, whose description is available next to each of the goods displayed;
    9. Sale Agreement– an agreement for sale of Goods in the meaning of the Civil Code, entered into between the Seller and the Client;
    10. Services– services provided by the Seller to the Clients by electronic means in the meaning of the provisions of the Act on Providing Services by Electronic Means dated 18 July 2002 (Dz.U. No. 144, item 1204 as amended.);
    11. Act on Consumer Rights– the act on consumer rights dated 30 May 2014 (Dz. U. 2014, No. 827);
    12. Act on Provision of Services by Electronic Means– the act on provision of services by electronic means dated 18 July 2002 (Dz. U. No. 144, item 1204 as amended);
    13. Order– the Client’s declaration of will aimed directly at entering into the Sale Agreement, and specifying in particular the type and quantity of Goods.

  3. Rules for using the Online Shop
    1. It is possible to use the Online Shop provided that the tele-information system used by the Client meets the following minimum technical requirements:
      1. computer or mobile device with access to the Internet,
      2. access to e-mail,
      3. internet browser: Internet Explorer 11 or higher, Firefox 28.0 or higher, Chrome 32 or higher, Opera 12.17 or higher, Safari 1.1. or higher,
      4. enabling Cookies and Javascript in the internet browser.
    2. Use of Online Shop means every activity by the Client which leads to the Client’s familiarising himself/herself with the contents contained at the Shop.
    3. In particular, the Client is obliged:
      1. not to submit and not to forward contents prohibited by legal provisions, e.g. contents disseminating violence, libelling or infringing personal goods and other rights of third parties,
      2. to use the Online Shop in a manner not disrupting the operation thereof, in particular by using the specific software or devices,
      3. not to undertake such actions as: mailing or placing spam at the Online Shop,
      4. to use the Online Shop in a manner which is not burdensome for other Clients and for the Seller,
      5. to use any contents placed at the Online Shop only for the Client’s personal use,
      6. to use the Online Shop in compliance with provisions of laws applicable in the Republic of Poland, the provisions of the Terms and Conditions, as well as general rules for using the Internet.

  4. Services
    1. The Seller enables, via the Online Shop, the use free-of-charge Services which are provided by the Seller 24 hours a day, 7 days a week.
    2. The Service of maintaining an Account at the Online Shop is available after registration. Registration is achieved by filling in and accepting the registration form which is available from one of the pages of the Online Shop. The agreement for the service of maintaining an Account at the Online Shop is entered into for an indefinite term and will be terminated upon the Client’s sending a demand to delete the Account or the Client’s clicking the “Usuń Konto” /”Delete the Account” button.
    3. It is possible for the Client to receive from the Seller commercial information in the form of newsletters sent to the e-mail address furnished by the Client (the Newsletter service). For this purpose, the Client is required to provide correct e-mail address or to activate the relevant field in the registration form or the Order form. The Client may withdraw any time his/her consent to sending commercial information. The agreement for providing the Newsletter service is entered into for an indefinite term and will be terminated upon the Client’s demand to delete his/her e-mail address from the Newsletter subscription or withdrawal using the link in the content of the Newsletter service e-mail sent.
    4. It is possible for the Client to send messages to the Seller via the contact form. In the situation the agreement for this interactive contact service is made for a definite term and shall terminate upon the Seller’s reply.
    5. It is possible for the Client to place at the Online Shop his/her individual and subjective posts regarding, inter alia, the Goods or the processing of the transaction. Adding his/her posts, the Client represents that the Client has all rights to such content, including but not limited to the author’s rights, related rights, and intellectual property rights. The agreement for providing the service of placing opinions on Goods at the Online Shop is entered into for a definite term and shall terminate upon adding the opinion.
    6. The posts should be worded clearly and comprehensibly, furthermore they must not infringe applicable legal provisions, including third-party rights – in particular they must not be of a nature of libel, must not infringe personal goods or constitute an act on unfair competition. The posts are disseminated on the websites of the Online Shop.
    7. By placing his/her post, the Client consents to the Seller’s free-of-charge use and publication of the post, as well as making adaptations of the work in the meaning of the act on copyright and related rights (Dz. U. 1994 No. 24 item 83).
    8. The Seller has the right to organise occasional competitions and promotions whose terms and conditions will be published each time on the website of the Shop. Promotions at the Online Shop are not cumulative, unless the Terms and Conditions of the given promotion provides otherwise.
    9. If the Client infringes the provisions of these Terms and Conditions, after prior ineffective demand for ceasing or repairing the breach, with a relevant deadline being appointed, the Seller may terminate the agreement for Services with 14-day notice period.

  5. Procedure for entering into a Sale Agreement
    1. Information about Goods placed on the website of the Shop, including but not limited to their descriptions, technical and usable parameters and prices, constitute an invitation to enter into an Agreement in the meaning of Article 71 of the Civil Code.
    2. All Goods available from the Online Shop are brand-new, free of physical and legal defects, and have been legally placed in market.
    3. The condition for placing an Order is the possession of an active e-mail account.
    4. If the Order is placed via the Order form available from the website of the Online Shop, the Order is placed with the Seller by the Client in an electronic form and constitutes an offer for entering into an Agreement for sale of Goods to which the Order pertains. An Offer placed in an electronic form is binding for the Client if the Seller sends to the e-mail address provided by the Client a confirmation of accepting the Order for realisation, such a confirmation to constitute the Seller’s declaration on accepting the Client’s offer, and upon the receipt thereof by the Client the Agreement is entered into.
    5. Placing Orders with the Online Shop via telephone or by sending an e-mail may take place on Business Days and within the business hours named on the website of the Online Shop. For this purpose, the Client should:
      1. specify in the e-mail sent to the Seller the name and quantity of the Goods from among the Goods available from the website of the Shop,
      2. specify the manner of delivery and form of payment from among the manners of delivery and forms of payment specified on the website of the Shop,
      3. provide details necessary for the realisation of the Order, including but not limited to: name and surname, place of residence, and e-mail address.
    6. Information about the total value of the Order will be provided each time by the Seller verbally upon having assembled the entire Order, or by an e-mail, with the information that the Client’s entering into the Sale Agreement involves an obligation to pay for the ordered Goods, this is the moment when the Sale Agreement is entered into.
    7. For a Client who is a Consumer, each time after an Order is placed by telephone or by e-mail, the Seller will send the Client a confirmation of the Order placed, such a confirmation to contain information regarding:
      1. description of the items included in the Order,
      2. the unit price and the total price of the products or service ordered together with taxes, including delivery costs and additional costs (if applicable),
      3. the manner of contacting the Seller and the Seller’s registration details,
      4. the selected payment method and deadline,
      5. the selected delivery method,
      6. delivery time,
      7. the Client’s contact details,
      8. the Terms and Conditions,
      9. information hat entering into the Agreement involves the obligation to pay for the Order placed,
      10. instruction about the right to cancel the Agreement with a sample cancellation declaration.
    8. The Agreement is entered into upon the time when the Client, who is a Consumer, sends (in reply to the confirmation of the terms and conditions of the Order sent by the Seller) the Seller’s e-mail address, an e-mail in which the Client: accepts the contents of the Order sent and consents to the realisation of the same, and accepts the contents of the Terms and Conditions and confirms that the Client has reviewed the instruction in regard to cancellation of the Agreement.
    9. Once the Sale Agreement has been entered into, the Seller confirms to the Client the terms and conditions thereof, sending the same to the Client’s e-mail address or in writing to the address named by the Client.
    10. The Sale Agreement is entered into in Polish or English, at the Client’s choice, with contents complying with this Terms and Conditions.

  6. Delivery

    1. Delivery of Goods is limited to all European Union states, and is realised to the address named by the Client while placing the Order.
    2. The Client may select the following forms of delivery of the Goods ordered:
      1. by courier,
      2. by post.
    3. On the website of the Shop, in the Goods description, the Seller informs the Client about the number of Business Days required for the realisation and delivery of the Order, as well as about the amount of the fees for delivery of the Goods.
    4. The time of delivery and realisation of the Order is counted in Business Days in accordance with section VII.2.
    5. In accordance with the Client’s will, along with the Goods the Seller delivers a receipt or a VAT invoice covering the Goods delivered.
    6. If different times of realisation are provided for in respect of Goods to which the Order pertains, the longest of such timeframes will apply to the entire Order.

  7. Prices and payment methods

    1. The Goods Prices are stated in Polish zlotys or British pounds or Euros, to be selected by the Client, and comprise all components, including VAT and other charges.
    2. The Client may select the following payment methods:
      1. bank transfer to the Seller’s bank account (in this case, the realisation of the Order will commence once the Seller has sent the Client a confirmation of acceptance of the Order, while the dispatch will take place immediately once the Seller’s bank account has been credited with the funds and the Order has been allocated);
      2. cash on delivery, i.e. payment to the delivering person at the moment of delivery (in this case, the realisation and dispatch of the Order will commence once the Seller has sent the Client a confirmation of acceptance of the Order and the Order has been assembled). This payment method is only available in Poland;
      3. electronic payment (in this case, the realisation of the Order will commence once the Seller has sent the Client a confirmation of acceptance of the Order and once the Seller has received from the settlement agent system information that the Client has made the payment, while dispatch will be made immediately once the Order has been allocated).
    3. On the website of the Shop, the Seller informs the Client about the deadline within which the Client is obliged to pay for the Order. In absence of the Client’s payment within the deadline referred to in the preceding sentence, after prior ineffective demand to cease or repair the breaches with a relevant deadline being appointed, the Seller may cancel the Agreement under Article 491 of the Civil Code.

  8. Right to cancel the Agreement
    1. A Client who is a Consumer may cancel the Agreement without stating any reason, filing a relevant declaration within 14 days. In order to meet the deadline it is sufficient to send the declaration before the expiry of the deadline.
    2. The Client may word the declaration himself/herself or may use the sample declaration provided by the Seller.
    3. The 14-day deadline starts from the date when the Goods are delivered, and in respect of an Agreement for Services, from the date the Agreement is entered into.
    4. Upon the receipt of the Consumer’s declaration of Agreement cancellation, the Seller will send to the Consumer’s e-mail address a confirmation of receipt of the declaration of Agreement cancellation.
    5. The Consumer’s right to cancel the Agreement is excluded in the following cases when:
      1. provision of services, if the Seller has fully performed the service with the Consumer’s explicit consent, where the Consumer had been informed before the commencement of provision of the service, that once the Seller had completed the performance, the Customer would lose the right to rescind the Agreement;
      2. an Agreement which price or fee depends on fluctuations on financial market which is not controlled by the Seller, and which may occur before the expiry of the deadline for cancellation of the Agreement;
      3. an Agreement where the services and/or items are non-prefabricated Goods, manufactured in accordance with the Consumer’s specification or serving the Customers customised needs;
      4. an Agreement where the services and/or items are fast-deteriorating Goods or Goods with short best-before date;
      5. an Agreement where the services and/or items are Goods delivered in sealed packaging, which, once opened, may not be return for reason of health protection or for hygiene reasons, if the packaging has been opened after delivery;
      6. an Agreement the services and/or items are Goods which, due to their nature, after delivery are inseparably connected to other things;
      7. an Agreement where the services and/or items are alcoholic beverages whose price was agreed while entering into the Sale Agreement, and which may be delivered as late as 30 days and which value depends on fluctuations on the market which is not controlled by the Seller;
      8. an Agreement where the Consumer explicitly demanded that the Seller visits the Consumer in order to make an emergency repair or maintenance work; if the Seller additionally provides services other than those which the Consumer demanded or delivers Goods other than spare parts necessary for the repair or maintenance work, the Consumer has the right to cancel the Agreement in respect of the additional services or Goods;
      9. an Agreement where the services and/or items are sound or video recordings or computer programs delivered in a sealed packaging, if the packaging has been opened after delivery; delivery of daily newspapers, periodicals or newspapers, except for an Agreement for subscription;
      10. an Agreement entered into in a public auction;
      11. an Agreement for provision of services regarding accommodation, other than for residential purposes, delivery of goods, car rent, food services, services relating to recreation, entertainment, sports or cultural events, if the agreement specifies the date or period of the abovementioned service;
      12. an Agreement for supply of digital content which is not recorded on a tangible medium, if the performance commenced with the Consumer’s explicit consent before the expiry of the deadline to rescind the Agreement, and after the Consumer has been informed by the Seller about the loss of the right to rescind the Agreement.
    6. In the event of cancellation of the Agreement entered online and/or via telephone or email, the Agreement is regarded as not entered into. The sent Goods shall be returned in original condition, unless a change was necessary in order to establish the nature, features and functionalities of the Goods. The return should take place immediately, no later than within 14 days. The Goods purchased should be returned to the Seller’s address.
    7. Immediately, but no later than within 14 days from the date of receipt of the Consumer’s declaration of cancellation of the Agreement, the Seller shall refund to the Consumer all payments made by the Consumer, including the costs of delivery of the Goods. The Seller will return the paid amounts using the same payment method as used by the Consumer, unless the Consumer consented to another manner for refund, whereas such a manner will not involve any extra cost for Consumer. The Seller may withhold the refund of the amounts received from the Client, until the Seller receives back from the Client the Goods or the Client delivers the confirmation of sending them back, whichever occurs first, unless the Seller proposed to collect the thing from the Client himself.
    8. If the Consumer has selected the manner of delivery of the Goods different from the cheapest standard delivery method, offered by the Seller, the Seller will not be obliged to reimburse the Consumer for additional costs incurred by the Consumer.
    9. The Client will bear only the direct cost of returning the Goods, unless the Seller agrees to bear such cost.

  9. Complaints regarding the Goods under implied statutory warranty

    1. The Seller undertakes to deliver the Goods free of defects.
    2. The Seller is liable to the Client who is a Consumer under implied statutory warranty for defects in accordance with the rules set out in Articles 556 – 576 of the Civil Code. In respect of Clients who are Undertakings, the warranty is excluded.
    3. Complaints resulting from a breach of the Client’s rights guaranteed by law or under these Terms and Conditions, should be sent to the address: Mission Swim sp. z o.o., Pl. Piłsudskiego 1-3, 00-078 Warszawa, to the e-mail address: info@mission.com, telephone number +48 530 175 871 or using the contact form.
    4. For the purpose of processing the complaint, the Client should send or deliver the Goods he has a complaint about, attaching the purchase document if possible. The Goods should be delivered or sent to the Seller’s address.
    5. The Seller undertakes to process each complaint within 14 days.
    6. In the event when some information/documents and/or Goods are missing to process the complaint, the Seller will request the Client to provide the requested information/documents and/or Goods. The Client shall provided these as soon as possible, but not later than within 7 days from the date the Client receives the request.

  10. Complaints regarding Goods and/or Services sent electronic means
    1. The Client may file a complaint regarding the functioning of the Shop and the use of the Services. The complaints may be filed in writing to the address: Mission Swim sp. z o.o., Pl. Piłsudskiego 1-3, 00-078 Warszawa, to e-mail address: info@missionswim.com, telephone number +48 530 175 871, or by filling in contact form.
    2. When filing a complaint, the Client shall specify his/her name and surname, correspondence address, type and description of the existing problem.
    3. The Seller undertakes to process each complaint within 14 days, and if not possible, to inform the Client within this timeframe when the complaint will be processed. In the event when some information/documents and/or Goods are missing to process the complaint, the Seller will request the Client to provide the requested information/documents and/or Goods. The Client shall provided these as soon as possible, but not later than within 7 days from the date the Client receives the request.

  11. Guarantees

    1. The Goods may have manufacturer’s, Seller’s or importer’s guarantee.
    2. In the event of Goods covered by a guarantee, information about the existence and the content of the guarantee and the period of the guarantee is displayed each time in the description of the Goods on the website of the Shop.

  12. Out-of-court manners of settling complaints and pursuing claims

    1. A Client who is a Consumer has, inter alia, the following possibilities of use of out-of-court means of settling complaints and pursuing claims:
      1. the Client is entitled to apply to the permanent consumer conciliation court operating at the Trade Inspection [Inspekcja Handlowa] to settle the dispute which arose from the Sale Agreement entered into;
      2. the Client is entitled to apply to the local inspector of the Trade Inspectorate [wojewódzki inspektor Inspekcji Handlowej] to initiate mediation proceedings in respect of amicable settlement of the dispute between the Client and the Seller;
      3. the Client may receive free assistance in respect of settlement of the dispute between the Client and the Seller, also using free assistance from the city consumer advocate or a social organisation whose statutory tasks include protection of consumers (inter alia the Consumer Federation [Federacja Konsumentów], the Association of Polish Consumers [Stowarzyszenie Konsumentów Polskich]). Assistance is provided by the Consumer Federation at a free consumer hotline 800 007 707 and by the Association of Polish Consumers at e-mail address porady@dlakonsumentow.pl;
      4. file their complaint via EU ODR platform, available at: http://ec.europa.eu/consumers/odr/.

  13. Personal data protection

    1.   The Seller collects and processes personal data provided by the Clients in accordance with applicable legal provisions and the Privacy Policy.

  14. Final provisions

    1. Any and all rights to the Online Shop, including the author’s rights, intellectual property rights to its name, internet domain, website of the Online Shop, as well as forms, logos, vest in the Seller, and may be used only in a manner set out in and complying with the Terms and Conditions.
    2. Settlement of any disputes arising between the Seller and a Client who is a Consumer is submitted to courts having jurisdiction in accordance with applicable provisions of the Civil Procedure Code.
    3. Settlement of any disputes arising between the Seller and a Client who is an Undertaking is submitted to a court having jurisdiction over the registered office of the Seller.
    4. The provisions of the Civil Code, the act on provision of services by electronic means, the act on consumer rights and other applicable provisions of Polish law shall apply to issues not governed in these Terms and Conditions.
    5. Each Client will be informed about any amendments to these Terms and Conditions in a notice on the home page of the Online Shop containing the list of amendments and the dates they come into force. Clients who have an Account will be additionally informed about amendments together with the list thereof to the e-mail address named by them. The date the amendments come into force will not fall earlier than 14 days from the date they are announced. If a Client who has an Account does not accept the new wording of the Terms and Conditions, the Client is obliged to notify the Seller about it within 14 days from the date of announcement of the amendment to the Terms and Conditions. Notifying the Seller about non-acceptance of the new wording of the Terms and Conditions will result in termination of the Agreement.