Terms & Conditions

TERMS AND REGULATIONS OF ARMA HOBBY ON – LINE SHOP

Therms and Conditions updated 1st March 2024 - addition of paragraph §4a, introduction of the sale of digital products.

See privacy policy link

The Arma Hobby on–line shop, available under the following website – www.armahobby.pl is owned as a business entity governed by Polish Civil Code, by two business partners who formed a type of a company, called civil company, the two partners include:

Mr. Wojciech Bułhak, operating as a the company partner, seated at Warsaw, 02-764, Iberyjska Street 7/49, taxpayer ID number 9521727873, business ID number (statistical state number) 140112680 and

Mr. Marcin Ciepierski, operating as the company partner seated at 03-976 Warszawa, ul Berneńska 9D street, taxpayer ID number 1132497854, business ID number (statistical state number) 142706738, Jointly forming Arma Hobby s.c., a type of company ruled under Polish Civil Code, seated at Warsaw, Ostrobramska street number 101/200, zip code: 04-041 Warsaw, taxpayer ID number 1132870299, business ID number (state statistical number) 146945084, contact phone number 22 409 1971, e – mail address : kontakt1@armahobby.pl, hereinafter referred to as The Seller.

The Arma Hobby on–line shop Terms and Regulations set forth the terms under which it is possible and recommended to use the shop, as well as the terms and means to provide the on–line service by The Seller, which includes especially entering into on–line sales agreements, shaping and setting forth the rights and responsibilities between its parties, the complaint process and the withdrawal procedure and possibility. The Seller is The Personal Data Administrator responsible for all the Customers personal data processed as a result of this Terms and Regulations policies. Personal data is processed only using necessary and appropriate measures and only within a scope set forth by the Privacy Policy published on the on – line shop’s website, www.armahobby.pl. Entering Your personal data is optional. Everyone who enters his/hers personal data on the website will be able to access it, check it, upgrade it or correct it. The Consumer cannot waive his rights granted by The Consumer Rights Bill (ustawa z dnia 30 maja 2014 r. o prawach konsumenta, Dz. U. poz. 827 z późn. zm.) The Terms and Regulations provisions less favourable than the bill’s provisions do not apply towards The Consumer, and the bill’s provisions take priority instead. The Consumer’s rights arising from The Consumer Rights Bill take priority over the hereby set forth Terms and Regulations in any case the two clash.

§ 1. Definitions
§ 2. General provisions
§ 3. Services provided on – line
§ 4. Sales agreement
§ 4a Licence for the Production of Accessories by the Customer from a Purchased Design
§ 5. Ordering and delivery process
§ 6. Payment methods
§ 7. Guarantees and complaint procedure
§ 8. Withdrawal from the contract
§ 9. ADR
§ 10. Entrepreneurs
§ 11. Final provisions
Attachment 1 – withdrawal from the contract form
Attachment 2 – wihdrawal from the contract consumer instruction

§ 1. Definitions

Order completion time – the time period in which the order is completed by the seller and then forwarded to the designated carrier service entity, this time period does not include the delivery time (the time period between forwarding the order to the designated carrier service and delivering it directly to the customer by that entity) work day – one day, between Monday and Friday with the exception of bank/public holidays and statutory free work days
registration form – an interactive form available on the shop’s website, enabling creating a customer account
order form – an interactive form available on the shop’s website enabling to place an order, especially through adding a product to an electronic cart and specifying the terms of a sales agreement with The Seller
Customer – natural person with the full legal capacity and, where the aplicable laws allow it, a natural person restricted in legal capacity, a business entity (corporation) with full legal capacity and a business entity that has a restricted different form of legal capacity, allowed by the applicable Polish laws and codes – all of which wish to enter into a sales agreement with The Seller, and all of which use or is about to use the on–line service.
Civil code – a bill which was established on the 23rd of April, 1964 abbreviated and reffered to also as k.c.
Consumer – a natural person entering into contract with The Seller to buy products not directly or indirectly attached to his/hers business operations,
Customer’s account – an on–line service defined with a personal name (login) and a password entered by The Customer gathering data through The Seller’s IT system where the Customer can store information regarding his contact data and his orders history placed within The Seller’s on–line shop
Newsletter – an on–line service provided by The Seller through e–mail which enables every subscribed member to receive periodic, automatic on – line free of charge information and promotional opportunities via e – mail message regarding the services provided by the on–line shop
Entrepreneur – a natural person, corporations, business entities able to operate as businessmen, providing services for profit, either economic or professional
Terms and Regulations – the hereby set forth on – line shop Terms and Regulations
On–line shop – the seller’s on–line shop service available upon www.armahobby.pl
The Seller – the civil company partners, Mr. Wojciech Bułhak and Mr. Marcin Ciepierski operating jointly upon a civil company agreement as Arma Hobby s.c. Product – available in the on – line shop items being the subject of a sales agreement between a Customer and The Seller
Sales agreement – an agreement concluded on–line, long distance or off – premises between The Seller and The Customer via the on–line shop
Long distance or off- premises sales agreement – an agreement concluded between The Seller and a Consumer through an organized long distance/ offpremises agreements system without a need of at the same time presence of the parties to the agreement, using solely one or more long distance contact measures
On – line service – a service provided via an IT system using The Internet, by The Seller for The Customer via The Seller’s on–line shop
Complaint form on–line service – an interactive form enabling the Customers to issue a complaint regarding the purchased goods
Consumer Rights Bill – a bill established in Poland on the 30th of May 2014
Order – a customer’s statement placed via the on – line shop, using the order form with the aim of concluding a sales agreement with The Seller, setting forth it’s specific details, such as the type and quantity of the product, shippment and delivery forms and costs, the payment form and other necessary customer data towards entering into contract

§ 2. General provisions

The Terms and Regulations are constantly available on the www.armahobby.pl website enabling every customer to read, download or copy it’s content at any given time.
The Terms and Regulations are set forth for both Customers, Consumers and Entrepreneurs using the on–line shop. (Unless a provision/a paragraph/an article directly states that it is referring to only Consumers), whereas § 10 of The Terms and Regulations apply only to Entrepreneurs using the on–line shop (purchasing goods operating as a business entity for their business purposes strictly, as opposed to purchasing goods as a natural person).
The Personal Data Administrator designated upon completing the hereby set Terms and Regulations is The Seller. Personal data is being stored and processed only by means necessary and set forth in the Privacy Policy published on the on–line shop website.
The Seller states that he follows all the regulations provided by the law regarding his Customers personal data protection.
Entering personal data is voluntary. Everyone whose personal data is being processed has the right to access, upgrade, check and correct all the data entered.
The Customer allows to collect, store and process his personal data by The Seller only within a scope directly connected to complete the order of this certain on–line service or product. To access further specific and detailed measures and policies regardnig data storage and processing, please read The Privacy Policy.
The Customer is bound to use the on–line shop and the services provided by The Seller accordingly, specially in accordance to the Polish legal system and the hereby set forth Terms and Regulations, following established customs and with regard of IP and copyrights of The Seller and third parties. It is forbidden to enter illegal content on the website by The Customer.
The Seller ensures a proper security level of the digital content’s transmission, using technological, as well as organizational measures in order to provide it’s security. At the same time The Seller indicates that using the Internet and on–line services may as a result threaten the Customer’s IT system’s security, regarding malware and unauthorized access to the Customer’s personal data. To minimize those threats, it is advised to apply and use proper IT protection measures.
The purchase of products (goods) offered by The Seller is available to Customers residing in Poland, to EU citizens, as well as Customers outside the European Union.
All the information provided about the products and services offered by The Seller via his on–line shop (including prices and product descriptions) given on the www.armahobby.pl website do not stand for a binding offer upon the Civil Code regulations, as mentioned in art.66 k.c., but are an invite to enter into a sales agreement as mentioned in art. 71 k.c.
The prices presented on the on–line shop’s websites are given in The Polish currency - złoty (PLN/zł) as well as in euros (€) and include value added tax (VAT).
Using the www.armahobby.pl on–line shop applies to and stands for every customer’s action which leads to getting to know any content provided on the on–line shop’s website.
The on–line shop reserves the right to organise occasional contests and promotions for its users, which rules will be provided each time on the www.armahobby.pl website.
The products promotions organised via the on–line shop do not pile up (inosculate) unless the promotion rules say otherwise.

§ 3. On–line services

The Seller provides via his on–line shop the following free of charge services: Order Form, Customer Account and Newsletter.
Using all services available in the on–line shop (including entering into contract) is voluntary and free of charge.
The IT system minimal technical requirements to use the on–line shop include:
1. a computer, a laptop or other multimedia device with Internet access
2. e – mail address
3. an Internet browser using cookie files
4. enabling the browser to use Javascript
The Customer covers all the fees regarding using the Internet to get access to The Sellers website – including the access itself as well as the data transfer fees according to his Internet provider’s tariff.
The abovementioned services (1.) are provided by The Seller 7 days a week, 24 hours a day. Any possible breaches and breaks towards providing the service will be announced prior via the shop’s website.
The service providing agreement, enabling to browse through and view all the website’s content is concluded for a definite time period and shall be dissolved upon shutting the www.armahobby.pl website down by the Customer.
The Customer shall enter only true and real data
Customer Account service (available in the ‘human figure icon’ Bookmark):
1. to access and use the Account one must complete the following steps: designate an e – mail address and enter a password, which must consist of a suitable number of characters or click the ‘create an account’ check box during the placing an order process;
2. The Seller provides Entrepreneur Customers with an option to create a ‘wholesale account’ using the wholesale bookmark and completed the registration form within;
3. the data suitable for supplementation in The Account’s administrative panel will be inserted and automatically entered in the order form during placing an order in the ordering process;
4. one has to accept the following Terms and Regulation and The Privacy Policy to register and create an account, as well as enter the required personal data into the registration form;
5. the on–line service providing agreement comprising of maintaining a customer account within the on–line shop is concluded for an indefinite time period and shall be dissolved upon receiving a written request to quit the account by The Customer via the contact e – mail address: kontakt1@armahobby.pl or via traditional post, sent to The Seller at ul. Ostrobramska 101/200, 04-041 Warszawa;
6. while filling in the registration form The Customer enters a password which is later used to access his account. The Customer is obliged to protect his password and to not share it with third parties;
7. The Account is inalienable.
Complaint form service.
1. the on -line service agreement enabling customers to post a complaint via an interactive form is being concluded for a definite time period and lasts from the moment of filling in the form (and issuing a complaint) and dissolves in the moment The Seller issues a written statement regarding the aforementioned complaint – his official response in the matter;
2. using the complaint form is available after clicking the ‘support/FAQ’ bookmark, entering The Customer’s full name, e – mail address, order number (catalogue number of the purchased model), purchase place, telephone number, correspondence address with a short description of the complaint and clicking the ‘send’ button.
Order form service.
1. the order form on–line service agreement is concluded for a definite time period starting from adding the first product to the electronic cart in the on–line shop and ending with a withdrawal from completing the order form or by the time the order form is completed and sent to The Seller herein referred as to placing an order (by clicking the “order with a payment request” button which means confirming the purchase and accepting the payment for the selected product);
2. the order form completing process is designed in a way that enables every consumer to get to know all the requirements before making a decision to enter into contract or to change the agreement;
3. placing an order requires completing the following steps – completing the order form and clicking the “go to confirm the order” and “order with a payment request” button. Before clicking the “order with payment request” button one can change the order’s data using the guiding steps on the website;
4. it is necessary to enter the following data to the order form: name and surname, shipment address ( street, apartment number, zip code, city, country), e – mail address, telephone number and the product related data, such as its quantity, place and delivery method, as well as payment method.
The Newsletter service.
1. the newsletter on–line service agreement is concluded for an indefinite time period and shall dissolve by the time The Customer sends a request to quit the subscription or clicks the necessary check box to discontinue receiving the Newsletter service in The Customer Account administrative panel, or clicking the link that is send at the bottom with each newsletter feed;
2. the user or The Customer can receive other promotional or commerce related materials via an e – mail message send to those who allowed receiving it;
3. using the Newsletter service is available upon clicking the ‘envelope’ icon or finding the Newsletter bookmark in The Customer’s Account, or entering a correct e – mail address, clicking the right check box and clicking the ‘confirming Newsletter’ (proceed the newsletter service) button, or clicking the ‘start receiving our newsletter service’ check box while completing the order form within the ordering process;
4. the user or The Customer has the right to revoke the approval to receive the Newsletter simply by sending a request to quit to The Seller and withdraw his e – mail address from the newsletter subscription base or by clicking a “quit newsletter” link send with each newsletter feed;
5. The Newsletter Service is available and sent only to it’s subscribers.
Complaint procedure.
1. The Customer, in case of a failure of accomplishment the agreement’s purpose or in case of an improper execution of the agreement, has the right to file a complaint under the rules of the hereby given Terms and Regulations;
2. complaints regarding the on–line services provided by The Seller or other kinds of complaints regarding the on–line shop (excluding those mentioned in § 7), The Customer can file using the company’s contact address, Ostrobramska 101/200 04-041 Warsaw, Poland or using the company’s e – mail address, kontakt1@armahobby.pl ;
3. The Customer is asked to leave the following information along with filing the complaint: - circumstances surrounding the complaint’s subject and potential defects such as the type of defect and the date of its occurrence - contact data so The Seller can reach The Customer leaving the complaint The abovementioned requirements are not compulsory and do not count into examining every case of a complaint.
4. The Seller is required to answer a complaint right away, no longer than within 14 calendar days from filing it (receiving it).
The right to withdraw from the on–line services contract is available to those Customers who at the same time operate as Consumers upon the rules set forth in this hereby given Terms and Regulations.
The right to withdraw from the on–line shopping (e-commerce/on–line sales agreement) service agreement is applicable only to The Customers with a Consumer status.
The Customer who is a party to The Customer Account agreement which is of a permanent and indefinite character, can give notice of quitting the agreement at any time, effective immediately. This action shall be completed upon sending a written statement about quitting the account via the e – mail contact address.
The Seller reserves the right to give notice of quitting those on–line services agreements of a permanent and indefinite character within 14 days in any case of a breach of this Terms and Regulations by a Customer.

§ 4 Sales Agreement

The agreement is commenced by placing an order via the order form on the on–line shop’s website.
One has to have a functioning e – mail address to place an order through the on–line shop on the website.
The agreement concluding procedure via the order form comprises of as follows:
1. choosing the product (as a result of a range of technical actions) by clicking the “add to cart” button;
2. filling in the proper data as shown in the order form (emphasizing on the necessary to execute the agreement data): name, surname, e – mail address, telephone number, delivery (shipment) address, company’s name and address, taxpayer ID, as well as choosing a payment and delivery method;
3. after entering all the necessary data one shall receive a summary of the order (including all the selected detail regarding product such as its price and taxes, other fees required or not, the delivery costs and payment methods, invoice data information), Entrepreneur customers shall also provide the proper data for The Seller to be able to issue them an invoice;
4. placing an order will be possible after entering all the necessary personal data, accepting the Terms and Regulations confirming to be aware of the right to withdraw from the contract and its instruction and then clicking the “order with a payment request” button
The Seller enables The Customer to set up an account via the order form. Setting up the account is voluntary, one – time and free of charge. The data provided during the account’s registration will be used in future orders by The Customer.
Immediately after receiving the order The Seller sends an e – mail confirming the order placed, in other words confirming the conclusion of the sales agreement using the e – mail address entered by The Customer during the ordering process. The agreement is concluded by the time the confirmation e – mail reaches The Customer.
The confirmation message is summing up the order and further establishes all the necessary data and rules regarding the sales agreement, such as the quantity and type of the ordered product, the final cost of it, and the delivery price and/or the bargain deal that goes with the purchase.
The preservation, protection, sharing and confirmation of all the most important rules regarding the sales agreement are being executed via sharing the Terms and Regulations on–line on the shop’s website and by sending the confirmation message to the address given during the ordering process.
The Customer who set up an account is able to access it and check the order status after logging in on the shop’s website.

§ 4a Licence for the Production of Accessories by the Customer from a Purchased Design

The offering of the Seller’s Internet Shop includes designs of accessories for plastic model kits, which accessories may be produced independently by the Customer by means of a 3D printer (hereinafter referred to as the “Design” or “Designs”).
The Seller declares that the Designs available in the Internet Shop are protected by copyright.
It is forbidden to copy the Designs, to register or record them in any other form, to further disseminate them, or to make them publicly available.
Any further dissemination of the content of the Products without the consent of the creator thereof shall constitute an infringement of copyright and may result in civil and criminal liability.
The Seller allows for one-off purchases of individual Designs.
Designs of accessories may be made available individually or bundled with other Designs, or added to other products comprising the offering of the Seller.
In the event that a Customer shall purchase a Design or receive a Design free of charge together with other products purchased from the Internet Shop, the Seller will make the Design available to the Customer in electronic form.
By making the Design available to the Customer, the Seller grants to the Customer a licence to produce, this in the form of 3D prints, the modelling accessories reflected in the Design made available to the Customer by the Seller (area of exploitation).
The licence shall cover the production of accessories by means of a 3D printer or a different technology solely for the Customer’s own use, and shall not apply to the production of accessories that are intended for sale or for other commercial purposes.
In the event of the infringement of the prohibition referred to in Point 9 above, the entity or person guilty of committing said infringement shall jointly and severally pay to the Seller liquidated damages of 10,000 Polish zlotys for each instance of infringement. The right to claim liquidated damages shall not exclude the right to pursue damages in excess thereof.
Usage of the Designs for commercial purposes requires, this under pain of nullity, the conclusion of a separate written or documentary licence agreement, in which there shall be specified the licence fees and other essential elements of the licence. The Seller may refuse to conclude a licence agreement for commercial purposes without stating a reason.
The licence shall not include authorisation to reproduce the Design, to trade in originals or copies of the Design, or to disseminate the Design.
Usage of the Design in areas of exploitation other than those referred to in Point 8 above requires, this under pain of nullity, the conclusion of a separate written or documentary agreement.
The licence fee is included in the price of the Design, while as regards Designs added to other products free of charge, the licence shall be free of charge.
The Customer shall be entitled to make modifications to Designs within the scope of the licence granted.
The Customer shall be entitled to produce an unlimited number of accessories for their own use within the scope of the licence granted.
The licence for non-commercial purposes is granted in perpetuity.
The licence shall include neither derivative rights nor the right to sub-license.
The licence shall be granted for the territory of the state in which the Customer has their place of residence.
The Seller may authorise other persons to utilize the Design in the same areas of exploitation (non-exclusive licence).

§ 5. Ordering and delivery process.

The delivery service is available in Poland, within all the EU countries, and other countries outside the EU, where it is possible to use the Poczta Polska delivery services, the product is being shipped to the address given in the ordering procedure.
Orders can be placed 24/7, please bear in mind, that completing the order takes place on week days, from Monday to Friday, from 10 to 17.
The delivery is payable (completed upon payment), unless the sales agreement says otherwise. The delivery costs (including transportation, delivery and post offices service) are being presented to The Customer during the ordering process. The specifics are being stored on the website, specifically upon expressing the will to be bound by the sales agreement, as well as in the “order delivery” bookmark.
The shipment costs may vary by means of the purchased product’s weight, or the country to which is being delivered (different costs in Poland, EU and outside EU),
The Seller gives The Customers the following delivery methods:
1. by The Customer himself – at Ostrobramska street 101/200, 04-041 Warsaw, or
2. by a courier service – ‘Kurier Pocztex 48’,
3. by a courier service – ‘Kurier Pocztex 48’ with the cash on delivery option.
The delivery date varies between 2 and 10 workdays (1 to 3 in case of personal collection by The Customer), unless the product’s description says otherwise (the date is sooner). In case of products (multiple orders) with different delivery date – the last day – the maximal date counts, but not longer than 7 workdays. The beginning (the commencement) of the delivery is estimated as follows: in case of choosing to pay in advance via a wire transfer, via debit/credit card on–line the delivery commences on the day The Seller receives the payment onto his bank account (the wire transfer, on–line payment bounces).
The exact date upon which the product can be obtained by The Customer in person will be set in accordance with him and confirmed by The Seller in a separate e – mail message
The delivery method has an impact on the delivery date.
The exact collection date in case of picking up the product personally by The Customer will be agreed upon with The Customer and will not take longer than 7 workdays from the purchase. The Seller will confirm the date, sending an e – mail message. The ability to collect the product will be further announced by The Seller.
In case of any emergency regarding failure to deliver or selling out the ordered product or low stock of some product which may cause trouble in the delivery The seller will immediately contact The Customer to establish another delivery date and further procedure regarding the sales agreement execution.
Further details on the delivery costs and methods are available on the on–line shop’s website in the bookmark “order delivery”.
The Customer is informed about the delivery costs while completing the order form and in the confirmation e – mail which concludes the sales agreement.
The Customer may change or quit the order until receiving the confirmation e – mail. After that the change or annulment of the ordered product is potentially possible upon negotiations with The Seller.
When receiving the package The Customer shall personally or via a trusted person check the delivery’s state (is the package damaged, is the package in tact). In case of discovering damage or other discrepancies The Customer shall, by means possible in the courier’s presence complete a damage protocol and inform The Seller about the fact. If the product looks damaged The Seller asks The Customer not to take in the package. The abovementioned policies do not exclude or discriminate other complaint methods set forth in the Terms and Regulations. The following paragraph is to help out The Seller detect the cause of the product’s damage. The complaint procedure is not affected by using the abovementioned damage protocol or by not using it.

§ 6. Payment methods.

The Seller enables the following payment methods:
1. on–line payment via:
  - PayPal Polska sp. z o.o. (Ltd.), Emilii Plater street 53, Warsaw 00-113, (tax payer id number) - NIP: 5252406419, (court registration number) - KRS: 0000289372, (business ID/state statistical number) - REGON: 141108225 – current payment methods are available on the www.paypal.com website.
  - Payeezy, First Data Polska S.A., Jerozolimskie Avenue 92, 00-807 Warsaw, (taxpayer ID numer) - NIP: 5260210429, (court registration numer) - KRS: 0000061293, (state statistical number) - REGON: 012873434 – current payment methods are available on the https://www.polcard.pl website.
  - Blue Media S.A., ul. Powstańców Warszawy 6, 81-718 Sopot, KRS pod nr 0000320590, NIP 585-13-51-185, REGON 191781561. Available payment options:: cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
  - Przelewy24 and eCard, by: PayPro S.A. ul. Kanclerska 15, 60-327 Poznań, NIP 779-236-98-87, REGON 301345068, Credit Cards and online payments
2. wire transfer to The Seller’s bank account in mBank S.A., The Seller’s bank account number is: 33 1140 0000 3702 7490 2858, IBAN: PL, SWIFT: BREXPLPWMBK
3. COD (cash on delivery) for Polish Residents
4. in cash paying in person while collecitng the purchased on–line product personally in The Seller’s company’s office (service may be temporarily suspended and nort be available for orders in Internet shop)
In case of choosing to pay by a wire transfer, on–line using his credit/debit card The Customer is bound to make the payment up to 7 workdays from receiving the confirmation e – mail, setting forth the total cost of the purchase (from concluding the sales agreement).
If The Customer chooses the COD (cash on delivery) method, it is required to make the payment as soon as the product is delivered by the courier.
The Sellers documents the sale with a receipt, but is able to issue an invoice upon The Customer’s request.

§ 7 Warrantees and complaint procedure

The Seller is liable towards The Customer if the sold item has a physical or legal defect. The principles and scope of such warranty come directly from the civil code regulations (art. 556 – 576 k.c.).
The Seller is bound to deliver a defect free (flawless) product.
The Seller is liable towards The Customer for physical and legal defects of the purchased item. Physical defects stand for all the flaws and shortcomings of the product inside and outside it, the legal defects stand for a third party’s ownership of the item or other ownership issues with the product that were not disclosed to The Customer by the time of the purchase.
The complaint may be filed in writing and send to The Seller’s company seat address, or filed on–line using The Sellers’s contact e – mail address, or by completing the contact form given on The Seller’s website.
The Seller is bound to respond to the complaint immediately, not longer than within 14 calendar days. If The Seller fails to respond within this time frame, the complaint filed by a Consumer is being processed as a valid and justified one.
It is advised to enter the following data while issuing a complaint:
- circumstances surrounding the complaint’s subject (type of defects and date of its occurrence)
- describing The Customer’s demands towards the complaint (demanding reinstating the item to its proper state, or to issue a statement about lowering the item’s price, or to withdraw from the contract)
- The Customer’s contact data to process the complaint.
The Customer who wishes to file a complaint regarding his warranty rights coming from the civil code shall return the defected item at The Seller’s cost to the following address: Ostrobramska Street 101/200, 04-041 Warsaw. If such return was impossible to happen or very hard to process, The Customer shall give The Seller access to the defected item where it is being stored.
If, regarding the product’s state or type, sending it back to The Seller may be gravely difficult, The Customer is obliged to enable The Seller to access it in its current place.

§ 8 Withdrawal from the contract

According to the art. 27 of The Consumer Rights Bill The Customer, who is a Consumer has a right to withdraw from the sales agreement concluded long distance or off- premises without giving a cause (without justification).
The right to withdraw from the Contract is available within 14 calendar days from taking the item into possession by The Customer or a third party designated by The Customer other than the courier/carrier.
To execute the statutory right of withdrawal from the contract, The Consumer shall send The Seller a written statement to The Seller’s company address – Ostrobramska Street 101/200, 04-441 Warsaw, or via his contact e – mail, kontakt1@armahobby.pl
The Consumer can also use a template statement, attached on The Seller’s website, being also the Attachment 1 to these Terms and Regulations. Using the template statement is not compulsory and does not count or have any impact in the withdrawal procedure.
To properly execute (exercise) the right to withdraw within the given time frame, it is suffice for The Consumer to inform The Seller on - line via the contact e – mail before the time frame expiration.
The Consumer who filed his withdrawal on–line via e – mail shall receive a confirmation e – mail about the withdrawal to an address given in the order form or in the registration process.
The Seller shall immediately, no longer than within 14 calendar days from receiving the withdrawal statement, give back any received from The Consumer payments, including the delivery costs. The Seller wires the payments back in the same manner as he received them, unless The Consumer specifically asks for a different payment method, which does not come with any additional fees.
The Seller holds back with the re- payment until receiving the purchased item back, or until receiving written confirmation of the item’s shipment, in case The Seller is not bound to personally collect the item.
The Consumer is required to promptly return the product/item to The Seller or to any person authorized by The Seller to receive the product/item immediately, no more than 14 calendar days from the day on which The Consumer withdrew from the contract.
Where The Consumer has chosen a delivery option other than the most economical default delivery standard offered by The Seller, the latter is not required to reimburse The Consumer for the additional costs.
The Consumer shall only bear the direct costs of returning the product/item.
The product/item shall be returned to the following address: Ostrobramska 101/200, 04-041 Warsaw, Poland.
The Consumer is only liable for any decrease in value of the product/item resulting from use of the products in a manner exceeding the reasonable use necessary to ascertain the nature, features and functions of the product.
The Consumer shall not be entitled to withdraw from an off-premises contract or from a long distance contract, in relation to contracts:
1. for the provision of services where The Seller has fully performed the service with The Consumer’s explicit consent and The Consumer was informed before the commencement of the service that he would lose the right to withdraw from the contract upon the completion of the service by The Seller;
2. which include a price or remuneration which depends on financial market fluctuations which are beyond The Seller’s control and which may occur before the time limit for withdrawal from the contract expires;
3. where the performance consists of a non-prefabricated product, custom-made for a consumer or intended to satisfy a consumer’s individual needs;
4. where the performance consists of products prone to rapid decomposition or which expire rapidly;
5. where the performance consists of products delivered in closed packaging bearing a seal, which cannot be sent back after the packaging has been opened because of healthcare concerns or for hygienic reasons, if the packaging was opened after delivery;
6. where the performance consists of products which, owing to their nature, become inseparably connected to other products after delivery;
7. where the performance consists of alcoholic drinks, the price of which was agreed upon at the moment the sales agreement was concluded, the delivery of which cannot be effected until 30 days have expired, and the value of which depends on financial market fluctuations which are beyond The Seller’s control;
8. where The Consumer explicitly requests that The Seller come to perform urgent repair or maintenance work; if The Seller provides additional services other than the ones requested by The Consumer or delivers products other than spare parts essential for the performance of the requested repair or maintenance work, The Consumer shall be entitled to withdraw from the contract in relation to those additional products and/or services;
9. where the performance consists of audio or video recordings or computer programs delivered in closed packaging bearing a seal, if the packaging was opened after delivery;
10. for the delivery of daily newspapers, periodicals or magazines, except for a subscription contract;
11. concluded by means of a public auction;
12. for accommodation services other than for residential purposes, transportation of products, car rental, gastronomic services, leisure services, or entertainment, sport or cultural events, if the contract specifies a day or a period of provision of the service;
13. for the delivery of digital content which is not recorded on a physical medium, where the provision of the service commences upon The Consumer’s explicit consent before the time limit for withdrawal from the contract expires and after The Consumer is notified by The Seller of the loss of the right to withdraw from the contract.

§ 9 ADR procedures (Alternative Dispute Resolution).

The Customer who is a Consumer has the right to use the alternative dispute resolution procedures.
Information regarding the ADR procedures is available in the District Consumers Ombudsman offices, on their websites, in the offices of NGOs which statutory concerns include consumer rights and in Voiovodship Commerce Inspection offices and upon the Office of Competition and Consumer Protection website: http://www.uokik.gov.pl/spory_konsumenckie.php , http://www.uokik.gov.pl/sprawy_indywidualne.php , http://www.uokik.gov.pl/wazne_adresy.php .
The Customer who is a Consumer has different means to use within the ADR procedures:
1. calling the arbitral consumers court to resolve the dispute regarding the sales agreement according to art. 37 of the Commerce Inspection Bill, the Terms and Regulations of the arbitral courts is set forth with a regulation of the ministry of justice from 25 th of September 2001 r. regarding the terms of use of the arbitral consumer courts.
2. calling the voivodship commerce inspection inspector with a motion to initiate a mediation procedure regarding an arbitral dissolution of a dispute between the consumer and the seller
3. using the district consumers ombudsman help or using the help of an NGO which statutory concerns include consumer rights
4. using the electronic disputes resolution method with The Seller provided by the UE platform available upon: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

§ 10 Entrepreneurs

The following paragraph and all its content refers only to Entrepreneurs, meaning Customers who are not Consumers.
In case the other Terms and Regulations provisions clash with this following paragraph, Entrepreneurs are bound by this following paragraph.
The Seller reserves the right to withdraw from an agreement (sales agreement) with a Customer who is not a Consumer, such withdrawal is being effective without just cause and as soon as The Seller sends a written notice of the withdrawal.
In the case of Customers who are not Consumers (don’t have Consumer status) it is possible for The Seller to terminate the agreement effective immediately without just cause and via a written statement.
The Seller has the right to limit the available payment methods, as well as demand a pre – payment in full or in part, irrespective of the chosen payment method and entering into an on–line sales agreement.
Upon the moment of transferring the purchased item to the professional courier company, The Seller is no longer liable for the product’s state and delivery, The Seller transfers the profits and burdens regarding the purchased product. The Seller is not liable for the product’s accidental loss and destruction from the moment he transfers it to the courier (carrier).
In case of delivery to a Customer who does not have a Consumer status, when the delivery is being conducted by a professional courier company, The Entrepreneur is responsible for examining the delivered product’s state and condition. If it turns out the product has been damaged in any way, The Entrepreneur is responsible for ensuring to establish the courier’s liability for such damage.
Invoice is the suitable for issuing a complaint document, when it comes to Customers without Consumer’s status.
Regarding the article 558 § 1 in Polish Civil Code and it’s content – The Terms and Regulations hereby state that The Seller precludes it’s enforcement when it comes to Customers without the Consumer status.
Any conflicts (turning into disputes) arising between The Seller and The Entrepreneur will be solved/sorted out in court applicable towards The Seller’s seat.

§ 11 Final provisions

The agreements concluded within (and via) the on–line shop are concluded in Polish language and proceeded or interpreted regarding the Polish legal system and its applicable laws.
The Seller respects all the rights regarding The Customer according to Polish law.
A change to the hereby given Terms and Regulations may be executed only with valid reasons, such as a change in law, payment methods or delivery methods and only in a scope affecting the hereby set forth provisions.
In case of concluding agreements of a constant nature (such as The Customer Account) the changed Terms and Regulations will be binding if it matches the stipulations given in the Polish Civil Code, articles 384 and 3841 k.c., provided that the recipient was properly informed of the changes and did not terminate such agreement within the stipulated 14 days time frame.
In case of concluding agreements of different than constant nature (such as the sales agreement) the changed Terms and Regulations will not in any means affect the Consumer rights applicable towards them before the changes enter into force (the changes will not affect the previously placed orders, nor the sales agreement’s execution).
In case where the change to The Terms and Regulations would mean introducing new fees or increasing the current ones Customers who are Consumers will have the right to withdraw from the contract.
The Seller is bound to inform The Customers of every change to The Terms and Regulations with a 14 days notice, before the new (changed) provisions enter into force.
The Customer has the right not to accept the new Terms and Regulations.
To all matters not settled herein provisions of The Terms and Regulations shall apply commonly applicable Polish laws, specifically The Civil Code and the on–line provided services bill as well as the consumer rights bill.
The attachments to the hereby given Terms and Regulations are treated as an integral part of them.
The Terms and Regulations enter into force as of 4th February 2019.

Attachment 1: The withdrawal from the agreement template form (regarding Consumers)

Should be completed and filed only if and only with the intention to withdraw. Addressee: Arma Hobby s.c., ul. Ostrobramska 101/200, 04-441 Warszawa, NIP: 1132870299, REGON: 146945084, contact phone number: 22 409 1971, e – mail: kontakt1@armahobby.pl

Statement: I, …………………………………………………………. Hereby inform to withdraw from the sales agreement of the following:

Item’s (product’s) catalogue number: ………………………………………………………………….

………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………

Order’s/invoice’s number: …..…………………………………………………………………………….

Product’s delivery date: ..…………………………………………………………………………………..

Delivery’s address: ………………………………………………………………………………………………………………………..

Customer’s e – mail address: ……………………………………………………………………………..

Customer’s contact number: ………………………………………………………………………………

Reason for withdrawal (optional): ………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………

………………………………… date and signature

Attachment 2: Instruction on the withdrawal from the contract

You have the right to withdraw from the herein sales agreement within 14 days upon its conclusion without giving reason. The withdrawal date expires after 14 days from:

Getting into possession of the purchased item by yourself or by a designated by you third party, other than the courier,
Getting into possession of the last purchased item by yourself or a designated by you third party, other than the courier got into possession of the last item,
Getting into possession of the last part or portion of the item by yourself or a designated by you third party other than the courier got into possession of the last part or portion of the item,
Getting into possession of the first of items by yourself or by a designated by you third party other than the courier got into possession of the first of items. Cases where the right to withdraw is excluded are stated in The Terms and Regulations - § 8 section 14.

To exercise your right to withdraw from the contract do inform The Seller (partners of a civil company Arma Hobby s.c. ul. Ostrobramska 101/200, 04-441 Warszawa, NIP: 1132870299, REGON: 146945084, telefon: 22 409 1971, e – mail: kontakt1@armahobby.pl ) of your decision using a unequivocal written statement (via post, fax, or e – mail). You may use the withdrawal template form but it is not compulsory. .statement) using our website. If you decide to do so, we will send you an immediate confirmation e – mail upon the withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Results of the withdrawal from the contract If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We could hold back with the re- payment until receiving the purchased item back, or until receiving written confirmation of the item’s shipment, in case we are not bound to personally collect the item. You are required to promptly return the product/item to us or to any person authorized by us to receive the product/item immediately, no more than 14 calendar days from the day on which you withdrew from the contract. You shall only bear the direct costs of returning the product/item.