B2B Terms and Conditions
The Terms and Conditions, govern the operation and use of the Site and define the rights and obligations of the Clients and the Service Provider relating to the use of the Site.
1.1 The On-line Shop available at the internet address www.missionair.pl is run by MISSION AIR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Strzyżewice (registered office and delivery address: ul. Balonowa 63, 64-100 Leszno); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000922247; the registration court where the company's documentation is kept: District Court Poznań - Nowe Miasto and Wilda in Poznań, IX Economic Division of the National Court Register; share capital of: PLN 100,000; NIP: 6972376836; REGON: 386064860, e-mail address: biuro@missionair.pl and contact telephone number: 48797451111.
1.2 This Online Shop and the Terms and Conditions and all provisions contained therein are addressed to and thus binding only on the Customer or Customer who is not a consumer, and from 1 January 2021 and for contracts concluded from that date onwards, who is not also a natural person concluding a contract directly related to his/her business activity, when it follows from the content of that contract that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
1.3 The administrator of personal data processed in the Online Shop in relation to the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Internet Shop. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4 Definitions:
1.4.1. WORKING DAY - one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store that enables the creation of an Account.
1.4.3. ORDER FORM - Electronic Service, interactive form available in the Online Shop enabling the placement of an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the manner of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person who is an entrepreneur, for whom the use of the Internet Shop, including conclusion of e is directly connected with his/her business activity and it has a professional character for this person (i.e. who is not a consumer, and as of 1 January 2021. and for agreements concluded as of Page 2 of 6 that date, also not being a natural person concluding an agreement directly related to that person's business activity, when it follows from the content of that agreement that it is not of a professional nature for that person, arising in particular from the subject of that person's business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity); (2) a legal person; or (3) an organisational unit without legal personality which is granted legal capacity by the Act - which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
1.4.6. ACCOUNT - Electronic Service, a set of resources in the Service Provider's data communication system marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her at the Online Shop are stored.
1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions at the Online Shop.
1.4.8. PRODUCT - a movable item available at the Internet Shop, service or right being the subject of the Sales Agreement between the Customer and the Seller.
1.4.9 CONDITIONS OF USE - these rules of the Internet Shop.
1.4.10. INTERNET SH OP - the Service Provider's online shop available at the following internet address: www.missionair.pl.
1.4.11. SELLER; SERVICE PR OVIDER - MISSION AIR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Strzyżewice (registered office and address for service: ul. Balonowa 63, 64-100 Leszno); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000922247; the registration court where the company's documentation is kept: District Court Poznań - Nowe Miasto and Wilda in Poznań, IX Economic Division of the National Court Register; share capital of: PLN 100,000; NIP: 6972376836; REGON: 386064860, e-mail address: biuro@missionair.pl and contact telephone number: 48797451111.
1.4.12. CONTRACT OF SALE - the contract of sale or performance of the Product concluded or entered into between the Customer and the Seller through the Online Shop. 1.4.13. ELECTRONIC SERVICE - the service provided electronically by the Service Provider to the Customer through the Online Shop.
1.4.14. SERVICE PR OVIDER - (1) a natural person who is an entrepreneur for whom the use of the Online Shop is directly connected with his/her business activity and it has a professional character for this person (i.e. who is not a consumer, and from 1 January 2021. and, for agreements concluded as of that date, also not being a natural person who concludes an agreement directly related to his/her business activity, when it follows from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject matter of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity); (2) a legal person; or (3) an organisational unit without legal personality which is granted legal capacity by the Act - using or intending to use an Electronic Service.
1.4.15. ORDER - Customer's declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2 . ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1 The following Electronic Services are available at the Online Shop: Account, Order Form and Newsletter.
2.1.1. Account - the use of an Account is possible after the Service Recipient has completed two consecutive steps - (1) filling in the Registration Form, (2) clicking the field "Register Account"; and accepting the data provided by the Service Provider. In the Registration Form, it is necessary for the Client to provide the following details of the Service Provider: name and surname, company name, Tax Identification Number, address (building/location number, postal code, city, country), contact telephone number, e-mail address and password.
2.1.1.1 The Electronic Account Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: biuro@missionair.pl or in writing to the address: 63 Balonowa Street, 64-100 Leszno.
2.1.2. Order Form - the use of the Order Form starts from the moment the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Confirm Purchase" box on the Online Shop website after completing the Order Form. - up to this point, it is possible to modify the data entered on your own (for this purpose, please follow the messages displayed and the information available on the website of the Online Shop). In the Order Form it is necessary for the Customer to provide the following details concerning the Customer: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.
2.1.2.1 The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
2.1.3 Newsletter - using the Newsletter is possible after providing in the "Newsletter" tab visible on the Online Shop website the e-mail address to which the subsequent edition of the Newsletter is to be sent and clicking on the action field. It is also possible to sign up for the Newsletter by ticking the appropriate checkbox when creating an Account or placing an Order - the moment the Account is created or the Order is placed, the Customer shall be signed up for the Newsletter.
2.1.3.1 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending a relevant request to the Service Provider, in particular via email to: biuro@missionair.pl or in writing to the address: 63 Balonowa Street, 64-100 Leszno.
2.2 Technical requirements necessary for the cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) inclusion of Cookies and Javascript support in the web browser.
2.3 The Client is obliged to use the Online Shop in a manner consistent with the law and good practice with due regard to respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.
2.4 Complaint Procedure for Electronic Services:
2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in pt. 6 of the Terms and Conditions), the Customer may submit:
2.4.1.1. in writing to the address: 63 Balonowa Street, 64-100 Leszno;
2.4.1.2. in electronic form via e-mail to the following address: biuro@missionair.pl.
2.4.2 The Customer is advised to provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3 The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3 TERMS AND CONDITIONS OF CONCLUDING A CONTRACT OF SALE
3.1 The conclusion of the Contract of Sale between the Customer and the Seller shall take place after the Customer has placed an Order using the Order Form on the Online Shop in accordance with sec. 2.1.2 of the Terms and Conditions.
3.2 The Product price displayed on the website of the Online Shop is given in Polish zloty and does not include taxes (net price). The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services fees) and other costs, and if the amount of these fees cannot be established - about the obligation to pay them, the Customer is informed on the website of the On-line Store during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
3.3 Procedure of concluding a Sales Agreement in the Internet Shop by means of the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order at the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.
3.3.2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for fulfilment. The Seller confirms the receipt of the Order and accepts it for fulfilment by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements of receipt of the Order and its acceptance for fulfilment as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above email message, the Sales Agreement between the Customer and the Seller is concluded.
3.4 The consolidation, protection and making the content of the concluded Sales Agreement available to the Customer is done by (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point 3.3.2. of the Terms and Conditions. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Internet Shop.
4 . METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Agreement:
4.1.1. Payment by bank transfer to the Seller's bank account.
4.1.2. Electronic and credit card payments via PayU.pl and Przelewy24.pl - possible current payment methods are defined on the Online Shop website in the information tab concerning payment methods and on the website http://www.payu.pl and https://www.przelewy24.pl/.
4.1.2.1. Settlements of electronic payment and payment card transactions are carried out at the Customer's discretion via PayU.pl or Przelewy24.pl. Electronic and card payments are handled by:
4.1.2.1.1. PayU.pl - the company PayU S.A. with its registered office in Poznań (registered office address: 186 Grunwaldzka Street, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań; share capital of PLN 4,944,000.00 fully paid up; NIP: 7792308495.
4.1.2.1.2. Przelewy24.pl - the company PayPro S.A. with its registered office in Poznań (registered office address: ul. Kanclerska 15, 60-327 Poznań), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the number KRS 0000347935, share capital: PLN 5,476,300.00 fully paid up, NIP 7792369887, REGON 301345068.
4.2 Payment term:
4.2.1 If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer shall be obliged to make payment within 7 calendar days of the conclusion of the Sales Agreement.
5. COST, METHODS AND TIME OF PRODUCT DELIVERY AND COLLECTION.
5.1. The Product delivery is available in the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product's delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the Online Shop's website in the information tab concerning delivery costs and during the process of placing the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3 Personal collection of the Product by the Customer is free of charge.
5.4 The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.4.1. Courier delivery.
5.4.2. Palletised delivery.
5.4.3. Personal collection available at the address: ul. Balonowa 63, 64-100 Leszno - on Business Days, from 09:00 to 16:00.
5.5 The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter deadline is indicated in the Product description or during the Order placement process. In the case of Products with different delivery periods, the delivery period shall be the longest period stated, which shall not, however, exceed 7 Business Days. The start of the period for delivery of the Product to the Customer is calculated as follows:
5.5.1 If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account or settlement account is credited.
5.6 Deadline for the readiness of the Product for collection by the Customer - if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 2 Business Days, unless a shorter deadline is specified in the description of the Product in question or when placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date given, which shall not, however, exceed 2 Business Days. The Customer will additionally be informed by the Seller that the Product is ready for collection. The start of the deadline for the readiness of the Product for collection by the Customer is calculated as follows:
5.6.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account or settlement account is credited.
6.1.The Seller's liability under the warranty for the Product or lack of conformity of the Product with the Sales Agreement is excluded.
6.2.The Seller shall respond to the complaint within 30 calendar days from the date of its receipt.
7.1 The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims by the Customer against the Seller.
7.2 The Seller shall have the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
7.3 If the Customer fails to collect the parcel, the Seller, regardless of other rights, has the right to charge the Customer with a contractual penalty of 150 PLN. Reserving the contractual penalty does not exclude and does not limit the claim for additional damages.
7.4 The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Client.
7.5 The liability of the Service Provider/Seller towards the Customer/Client, irrespective of its legal basis, is limited - both within the framework of a single claim as well as for all claims in total - to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than one thousand zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the event of the absence of a Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the carriage of the consignment.
7.6 Any disputes arising between the Seller/Service Provider and the Customer/Customer shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.
8.1 Contracts concluded through the Online Shop are concluded in the Polish language and in accordance with Polish law.
8.2 Change of Terms and Conditions:
8.2.1 The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
8.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Service Recipient, provided that the requirements specified in Article 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been correctly notified of the amendments and has not terminated the agreement within 15 calendar days from the date of notification. In the event that the changes to the Terms and Conditions result in the introduction of any new fees or an increase in the current fees, the Customer has the right to withdraw from the contract.
8.2.3 In the case of conclusion of agreements of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall not in any way affect the rights acquired by the Customer/Customers before the date of entry into force of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect the Orders already placed or placed and the Sales Agreements concluded, executed or performed.
8.3 Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); and other relevant provisions of universally applicable law.
8.4 The Seller, as an equipment distributor within the meaning of Article 4(2) of the Act of 11 September 2015 on Waste Electrical and Electronic Equipment (Journal of Laws of 2015, item 1688, as amended), informs as follows:
8.4.1 It is prohibited to place waste electrical and electronic equipment (marked with the selective collection symbol) together with other waste. The holder of waste equipment from households is obliged to hand it over to a waste equipment collector or an entity authorised to collect waste equipment.
8.4.2. The seller is obliged to accept waste equipment coming from households at its points of sale free of charge, provided that the used equipment is of the same type and has fulfilled the same functions as the sold equipment.
8.4.3 The Seller, when supplying equipment intended for households to the Customer, is obliged to collect used equipment coming from households free of charge at the place of delivery of such equipment, provided that the used equipment is of the same type and performed the same functions as the supplied equipment. The willingness to deliver waste equipment to the Seller in the aforementioned case should be notified in electronic form via e-mail to: biuro@missionair.pl.
8.4.4 Waste equipment handed over to the Seller should be complete and properly prepared for shipment, in a manner enabling its safe transport. The Seller has the right to refuse to accept used equipment if, due to its contamination, it poses a threat to health or life of the Seller or persons authorised to accept used equipment.
8.4.5. Information about examples of waste equipment collection points throughout the country is available by using the search engine located in the register of entities - BDO at the following website:
https://rejestrbdo.mos.gov.pl/