Terms and Conditions MILITARY.PL

Before commencing to use on-line shop www.military.pl Users should familiarize themselfs with terms and conditions.

These terms and conditions are in effect since 04.08.2023 r.

The Terms and Conditions in English are auxiliary to the Terms and Conditions in Polish. In the event of differences in interpretation, the interpretation of the Terms and Conditions in Polish applies.

TERMS AND CONDITIONS FOR THE
WWW.MILITARY.PL

I. GENERAL PROVISIONS
II. DEFINITIONS FOR THESE TERMS AND CONDITIONS
III. TYPE AND SCOPE OF ELECTRONIC SERVICES
IV. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
V. CONDITIONS FOR CONCLUDING SALES AGREEMENTS
VI. METHODS OF PAYMENT
VII. DELIVERY COST, TIME AND METHOD
VIII. CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
IX. MANUFACTURER’S WARRANTY
X. COMPLAINTS PROCEDURE
XI. RIGHT TO WITHDRAW
XII. INTELLECTUAL PROPERTY
XIII. TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)
XIV. PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
XV. REVERSE VAT
XVI. FINAL PROVISIONS

I. GENERAL PROVISIONS

The online Shop at www.military.pl is run by FHTM sp.z o.o., entered into the Register of Entrepreneurs kept by the District Court for Wrocław Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under KRS number: 0001007605, tax identification number NIP: 8971750736, statistical number REGON: 020921807, place of business and address for service: ul. Oławska 16, 50-123 Wrocław, e-mail address (e-mail): zapytania@militaria.pl, tel. +48 71 347 47 00.
The www.military.pl Shop operates on the terms set out in these Terms and Conditions.
The Terms and Conditions define the types and scope of services provided electronically by the Shop www.military.pl, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services and Product Sales Agreements, as well as the complaint procedure.
Each Service Recipient, upon taking steps to use the Electronic Services of the www.military.pl Shop, is obliged to comply with the provisions of these Terms and Conditions.
The condition for placing an Order in the Shop by the Customer is to read the Terms and Conditions and accept its provisions at the time of placing the Order.
The www.military.pl Shop conducts retail sales of Products via the Internet in Poland and in other European Union countries. The Seller does not send the Products from its offer outside of Poland, which cannot be purchased in Poland by mail order.
The Shop informs that in different countries there may be legal requirements for the possession, use and purchase of such Products, in particular knives, air rifles or air soft guns.
In the case of an Order from outside Poland or a trip with a Product purchased in the Shop, the responsibility of owning and using certain categories of Products, in particular weapons, and the responsibility of knowing local law and complying with it, rests with the Customer.
In the case of purchasing certain Products, in particular black powder weapons, the Customer must be an adult with full legal capacity.
The products offered in the Shop are new, in accordance with the contract, free from defects and have been legally placed on the Polish market.
Some Products presented in the Shop come from military warehouses, but have never been used. The Customer is entitled to the same rights in relation to them as in the case of a new Product manufactured in the current period.
All trade names, Product names, company names and their logos used on the Shop’s website at www.military.pl belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Shop's website at www.military.pl are used for informational purposes.
To all matters not settled herein the following provisions of Polish law shall apply:
1. Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. [Journal of Laws] No. 144, item 1204, as amended),
2. Consumer Rights Act of 30 May 2014 (Dz. U. 2014, item 827),
3. Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and all other applicable provisions of Polish law.

DEFINITIONS FOR THESE TERMS AND CONDITIONS

CHAT - an electronic service made available to the Service Users by the Service Provider, enabling conversations between the currently logged-in Service Users and the Service Provider's representatives.
CONTACT FORM - a form available on the website www.military.pl enabling sending a message to the Service Provider.
WORKING DAY – one day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – shall refer to the electronic form available at www.military.pl required for Account registration.
ORDER FORM – shall refer to the electronic form available at militaria.pl, required for Order placement.
CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
ENTREPRENEUR - a natural person, a legal person and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on their own behalf.
CUSTOMER – shall refer to a User concluding a Sales Agreement with the Seller.
ACCOUNT – shall refer to the assigned individual username (login name) and password providing access to an organised collection of digital content, including details for individual orders, stored on the Service Provider’s ICT-System.
TERMS AND CONDITIONS - shall refer to the Terms and Conditions contained herein.
SHOP - shall mean the Service Provider’s online Shop located at militaria.pl.
SELLER, SERVICE PROVIDER – Militaria.pl sp. z o.o. sp.k KRS: 0001007605, tax identification number NIP: 8971750736, statistical number REGON: 020921807, ul. Oławska 16, 50-123 Wrocław.
OPINION SYSTEM - an electronic service made available to Customers by the Service Provider, enabling the posting of opinions regarding the course and execution of the transaction.
PRODUCT – shall refer to any movables or services available at militaria.pl and covered by a Sales Agreement concluded between the Customer and the Seller via the online Shop.
SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.
USER – shall refer to any natural person, a corporate or non-corporate entity granted full legal capacity under imperative provisions of law, using the Electronic Services.
ELECTRONIC SERVICES – shall refer to the services provided electronically by the Service Provider via the Shop.
ORDER - shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.
NEWSLETTER – shall refer to the free subscription e-mail information service allowing Users to receive updates on the Products available via the Shop.
PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

III. TYPE AND SCOPE OF ELECTRONIC SERVICES

The Service Provider grants access to the following Electronic Services:
1. concluding Product Sales Agreements,
2. Website Account,
3. Newsletter,
4. Chat,
5. posting opinions,
6. Contact Form.
These Terms and Conditions shall apply to all Electronic Services provided through militaria.pl
The Service Provider reserves the right to display advertising content at militaria.pl Advertisements are an integral part of the online Shop front and the materials presented therein.

IV. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS

Provision of Electronic Services specified in chapter III point 1 of these Terms and Conditions are free of charge.
Term of the agreement:
1. Electronic Services Agreements for Account management are concluded for an indefinite period of time.
2. Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.
3. Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.
4. Electronic Services Agreements consisting in posting an opinion is concluded for a definite period of time and is terminated when the opinion is posted or the Customer ceases to post it.
5. Electronic Services Agreements consisting in the use of Chat is concluded for a definite period of time and is terminated when the Service Recipient ceases to use the Service.
6. the contract for the provision of Electronic Services Agreements consisting in enabling the sending of messages to the Service Provider via the Contact Form is concluded for a definite period of time and terminates upon sending the message or ceasing to send it by the Service Recipient.
End-user hardware, network and software requirements for the ICT system used by the Service Provider:
1. a computer (or a mobile device) with an active Internet connection,
2. access to email account,
3. Internet browser,
4. enabling cookies and Javascript in the Internet browser.
The User agrees to use the Shop in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.
The User is obliged to provide accurate and complete information to the Service Provider.
The Customer who establishes that it will be possible to get the email that will exist can access the email address.
The User is prohibited from providing any unlawful or illegal content.
The Service Provider reserves the right to refuse to publish or remove opinions, the nature of which may violate the provisions of the Regulations, provisions of generally applicable law or principles of social coexistence and good manners, in particular when they contain elements:
1. commonly considered offensive or vulgar,
2. racist,
3. of a pornographic or erotic nature,
4. bearing the hallmarks of crimes or acts of unfair competition,
5. infringing copyrights and intellectual property rights,
6. misleading other Users.

V. CONDITIONS FOR CONCLUDING SALES AGREEMENTS

The information provided at militaria.pl does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product under the terms set forth in the Product description.
The Product prices at militaria.pl are given in Polish zlotys (PLN) and include all measurable costs, such as value added tax (VAT). A product delivered outside the European Union may result in the Customer being obliged to pay a customs duty or appropriate tax in accordance with the regulations in force in the country of destination. For additional information, the Customer is asked to contact the competent customs or excise authority. The prices do not include delivery fees.
The Shop reserves the right to introduce new Products to the assortment and to conduct promotional campaigns on the Shop's websites.
The Product prices at militaria.pl only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.
The Seller clearly informs the Customers about Unit Prices as well as promotions and reductions in Product Prices. Next to the information about the discount of the Product, the Seller shows the lowest Price of this Product, which was in force in the period of 30 days before the introduction of the reduction, and if the Product is offered for sale in a period shorter than 30 days - the Seller shows the lowest Price of the Product, which was in force in the period from the date of offering this Product for sale until the date of introduction of the discount.
Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders for special priced Products will be processed in the order in which they are received, until the Products are sold out.
The Customer is not required to register an Account to place an Order.
Orders can be placed through the:
1. through the website 24 hours a day, 365 days a year by completing an Order Form at militaria.pl.
2. via e-mail at: zamowienia@militaria.pl,
3. by phone at: + 48 71 347 47 49.
Orders are processed from Sunday to Friday.
Conclusion of the sales contract:
1. In order to conclude a Sales Agreement, the Customer must place an Order choosing one of the methods made available by the Seller.
2. After placing the Order, the Seller immediately confirms its receipt while accepting the Order, which binds the Customer with his Order. Confirmation of receipt and acceptance of the Order for execution takes place by sending an e-mail message containing:
  1. confirmation of all relevant Order details,
  2. withdrawal from the agreement,
  3. these Terms and Conditions containing information on the right of withdrawal.
3. Upon receipt by the Customer of the e-mail referred to in point 9 lit. b) a Sales Agreement is concluded between the Customer and the Seller.
Each Sales Agreement will be confirmed with a proof of purchase (VAT invoice) in an electronic form issued in accordance with the principles contained in the Act on tax on goods and services of March 11, 2004 (Journal of Laws of 2004, No. 54, item 535 with as amended). At the Customer's request, a traditional VAT invoice is issued immediately.
If the Customer purchases the Product as an entrepreneur, he should mark this circumstance in the Order and indicate the required data of the entity to which the relevant VAT invoice is to be issued.
In the case of placing an Order for Products subject to special legal requirements, resulting from the Act of June 13, 2019 on the performance of economic activity in the field of production and trade in explosives, weapons, ammunition, as well as products and technology for military or police purposes, the Customer will be contacted by a representative of the Shop in order to obtain additional personal data of the Customer (in particular, PESEL number, number and series of ID card, residence address), necessary to complete the Order in accordance with the above. Act.
If the Customer finds during the ordering, any irregularities in the functioning of the mechanism for placing the Order (concluding a contract), in particular incorrect calculation of the value of the ordered Products or shipping costs. The Customer has the right to submit his complaint in this regard in writing to the following address: Militaria.pl, ul. Oławska 16, 50-123 Wrocław or via e-mail to the following e-mail address: zapytania@militaria.pl. The Customer will be notified about the method of considering the complaint by phone, in writing or by e-mail, within 7 Working Days from the date of receipt of the complaint by Militaria.pl.
By placing an Order, the Customer is not obliged to, but may consent to the transfer of the Customer's e-mail address to Opineo.pl and Ceneo.pl in order to send a request to complete a questionnaire with an opinion on the transaction in the Shop once (in accordance with the Regulation of the European Parliament and Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC - GDPR).

VI. METHODS OF PAYMENT

The following payment options are made available to the Customer:
1. cash on delivery payment (COD),
2. electronic payment via electronic payment systems,
3. payment in installments via PayU.pl.
All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish banks. Product shall be dispatched only after payment is received.
The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement within 5 Working Days from the date of its conclusion unless indicated otherwise in the Sales Agreement.

VII. DELIVERY COST, TIME AND METHOD

Delivery charges shall be stated at the time of ordering and are dependent upon the chosen payment and delivery method.
Orders placed in the Store by 23:00, depending on the form of delivery chosen by the Customer, are sent on the same working day or on Sunday.
Products purchased in the Shop are sent to the Customer via a postal operator or a courier company to the delivery address provided in the Order Form.
Orders, depending on the form of shipment chosen by the Customer, are delivered from Monday to Saturday.
The Product shipping time is indicated each time in the Product description.
In the case of Orders covering several Products with different shipment periods, the shipment date of the entire Order is determined by the Product for which the longest shipment period is provided.
Delivery of the Product outside of Poland takes place on the date declared by the carrier and, depending on the country of destination, it takes from 1 to 20 Business Days.
The Customer has the right to check the contents of the shipment in the presence of the carrier's representative in order to verify that the Product has not been damaged during delivery. If the shipment or the Product is damaged or the content of the shipment does not comply with the VAT invoice, please prepare an appropriate report with the courier in accordance with the provisions of the transport law and executive regulations.
In cases where the delivery cannot be made in the form chosen by the Customer, the Seller informs the Customer about the need to change the form of delivery, immediately offering alternative forms. The need to change the form of delivery may occur, in particular, in the case of Ordering Products with delivery to a Parcel Locker, which, due to their dimensions and shapes, cannot fit into any locker offered by Parcel Lockers. Changing the form of delivery on the above terms may also take place in the case of Ordering Products such as: a stun gun, black powder guns, blast weapons or ammunition.

VIII. CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS

Terminating an Electronic Services Agreement:
1. Continuing and indefinite-term Electronic Services Agreements (e.g. Account management agreement) may be terminated.
2. The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: zapytania@militaria.pl
3. The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider with a reasonable deadline for compliance. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
4. The notice of termination leads to a cessation of legal relations with the effect for the future.
Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.

IX. MANUFACTURER’S WARRANTY

All Products offered in the Shop have a manufacturer's, importer's or Seller's warranty applicable in the territory of the Republic of Poland. The seller does not provide a guarantee for batteries, accumulators, powerbanks, tourist fuel, lubricants, impregnants and other consumables, the properties of which may deteriorate over time.
The standard warranty period for Products is 24 months (unless the guarantor has agreed otherwise) and is counted from the date of delivery of the Product to the Customer. Detailed conditions for the implementation of the guarantee are specified in the guarantee form issued by the guarantor.
A proof of purchase: a fiscal receipt is required to validate any warranty claims.
The manufacturer’s warranty does not override any Consumer entitlements arising from the statutory warranty for physical or legal defects, set out in the Civil Code.

X. COMPLAINTS PROCEDURE

1. Statutory warranty process.
1. The basis and extent of the Seller's liability towards the Customer who is a Consumer or an Entrepreneur with consumer rights, due to the non-compliance of the Product with the contract, are specified in the Act on Consumer Rights of May 30, 2014.
2. The basis and extent of the Seller's liability towards the Customer who is an Entrepreneur, referred to in Chapter XIII, under the warranty are specified in the Civil Code of April 23, 1964.
3. The Seller is liable to the Customer who is a Consumer or an Entrepreneur with consumer rights for the lack of conformity of the Product with the contract, existing at the time of delivery of the Product and revealed within 2 years from that moment, unless the expiry date of the Product specified by the Seller or persons acting on its behalf is longer.
4. If you wish to make a complaint, please contact the militaria.pl office.
5. Notice of a Product defect and all demands should be submitted via email to the following address: zapytania@militarnia.pl or in writing to the following address: ul. Graniczna 8c, 54-610 Wrocław
6. The notice, submitted electronically or on paper, should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details Providing all necessary data will speed up the complaint-handling process.
7. In order to assess the irregularities and non-compliance of the Product with the contract, the Consumer or Entrepreneur with consumer rights is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense.
8. A response to the Customer’s demand shall be sent promptly and, in any event, no later than within 14 days following the date of receipt.
9. In connection with a justified complaint of a Customer who is a Consumer or an entrepreneur with consumer rights, the Seller, respectively:
  - a) covers the costs of replacing and re-delivering the Product to the Consumer,
  - b) covers the costs of repair and re-delivery of the Product to the Consumer,
  - c) reduces the price of the Product (the reduced price must remain in the proportion of the price of the goods in accordance with the contract to the goods not in accordance with the contract) and returns to the Consumer or entrepreneur with consumer rights - the value of the reduced price within 14 days of receipt of the statement of the Consumer or entrepreneur with consumer rights at the latest lowering the price,
  - d) in the event of an authorized withdrawal from the contract by the Consumer or an entrepreneur with consumer rights - the Seller returns the price of the Product to him at the latest within 14 days from the date of receipt of the returned goods from the customer or proof of its return. In the event of withdrawal from the contract referred to in this point, the Consumer or entrepreneur with consumer rights is obliged to immediately return the goods to the Seller at the Seller's expense.
10. Complaint repairs of these Products, which, according to Polish law, cannot be delivered by mail, and were purchased in one of Militaria.pl brand stores, are possible only after the Product has been personally delivered to the service or to one Militaria.pl brand stores.
COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES
1. Complaints about Electronic Services provided via icoalyou.com should be submitted via email to zapytania@militaria.pl
2. All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
3. All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.
4. A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.

XI. RIGHT TO WITHDRAW

With the reservation of point 9 of this chapter Consumer Customers, have the right to withdraw from a distance agreement within 30 days without giving any reason for the withdrawal. To exercise the right of withdrawal the consumer Customer must notify the Seller of his decision to withdraw from the agreement by an unequivocal statement (e.g. by submitting the model withdrawal statement provided by the Seller).
In the case of withdrawal from a Seles Agreement, the agreement is considered null and void. In case of a withdrawal from the Agreement, the Customer, must return the Product to the Seller or any person authorised by the Seller without delay and no later than within 14 days from the date of withdrawal from the Agreement, unless the Seller offered to collect the Product from the Customer. To comply with the time limit it is sufficient that the Product is dispatched on time.
The Consumer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.
With the reservation of points 5 and 6 of this chapter the Seller shall reimburse to the Consumer all payments received from them, including the cost of delivery. The refund shall be made in the same method of payment that the Consumer, used for the initial transaction, unless the Consumer has expressly agreed otherwise.
If the Consumer has chosen a Product delivery method other than the cheapest standard delivery method offered by the Shop, the Seller is not obliged to refund the additional costs incurred by the Consumer.
For consumers withdrawing from the sale of the sale, we provide one point, 1 improves, continues the products for sale, unless the Customer takes advantage of one of the free returns offers for sold quick returns or the DPD cashless return services.
If the Seller did not offer to collect the Product from the Consumer himself, it may be with the reimbursement of payments received from the Consumer until delivery back or further by the Consumer of proof of its return, whichever is already the case.
The “cooling-off” period expires 30 days after the day the Consumer:
- a) for a contract under which the Seller issues the Product being obliged to transfer its ownership - from the date on which the Consumer or entrepreneur with consumer rights (or a third party indicated by them other than the carrier) took possession of the Product,
- b) for a contract that covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, its batch or part
- c) for a contract involving regular delivery of the Product for a definite period of time - from taking possession of the first of the Products,
- d) for other contracts - from the date of conclusion of the contract.
The right of withdrawal in any event does not apply to Sales Agreements for the supply of:
1. products made to the Consumer’s specification, i.e. non-prefabricated, personalized Products made on the basis of and individual choice of or decision by the Consumer,
2. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
3. in which the subject of the service is an item subject to rapid deterioration or having a short shelf life,
4. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
5. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery,
6. in which the subject of the service is the delivery of journals, periodicals or magazines, with the exception of subscription contracts,
7. in which the subject of the service is the delivery of digital content not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller started the service with the express and prior consent of the Consumer, who was informed before the start of the service that he would lose the right to withdraw from the contract after the performance of the service by the Seller, and accepted this, and the Seller has provided the consumer with confirmation.
Both the Customer (Consumer) and the Seller have a legal right to cancel the Sales Agreement in the event that the opposite party fails to fulfil its obligations under the Agreement within the set deadline.

XII. INTELLECTUAL PROPERTY

All content posted on the website at www.military.pl is protected by copyright and (subject to point 12 of chapter I and elements used under license, transfer of copyright or fair use) are the property of FHTM sp.z o.o., KRS number: 0001007605, NIP: 8971750736, REGON: 020921807, ul. Oławska 16, 50-123 Wrocław. The Service Recipient bears full responsibility for damage caused to the Service Provider, resulting from the use of any content on the website www.military.pl, without the consent of the Service Provider.
Subject to points 3 and 4 of this chapter, any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content and content of the www.military.pl website constitutes a breach of the Service Provider's copyright and results in civil and criminal liability.
Customers may use the works and databases contained on the Shop's website only within the scope of fair use specified by the provisions of the Act of February 4, 1994 on copyright and related rights and the Act of July 27, 2001 on the protection of databases. In particular, apart from the cases specified in these provisions, they are prohibited for commercial purposes without the prior written consent of the Service Provider: reproduction, copying, transfer, distribution or storage of part or all of the content of the website www. militaria.pl, unless otherwise provided in the Regulations.
The Service Provider authorizes the Customer to use, on the basis of a non-exclusive, free and non-transferable license, to use the proprietary copyrights to the materials contained on the Shop’s website only to read the presentation of Products sold by militaria.pl and to conclude a Sales Agreement and services provided electronically in the scope of the Newsletter and keeping the Account.
The Service Recipient by sending a photo with a description with the intention of placing them on the website www.military.pl grants the Service Provider a free, non-exclusive license to use the proprietary copyrights to the photo, in accordance with the following rules.
The license authorizes the Shop to use the photo for an indefinite period (license period) on the website of the online Shop www.military.pl and profiles maintained for the Service Provider on social networking sites such as Facebook.
The license entitles you to use the photo with a description in each of the following fields of use, including:
1. in the field of recording and reproducing a photo - producing copies of the photo using any technique, including printing, reprographic, magnetic recording and digital technology,
2. in terms of trading in the original or copies on which the photo was recorded - marketing, entering into computer memory, lending or renting,
3. in the scope of disseminating the photo, in a manner other than specified above - public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, in particular on the Internet, as well as public sharing of the photo, in such a way that everyone can have access to it in the place and at the time chosen by them.
The license entitles you to use the photo with the description all over the world.
In addition, the Service Recipient, using his economic and personal copyrights:
1. agrees that the Shop, without the need to obtain additional consent of the Service Recipient, develops the photo, by making shortcuts, digital processing in order to adapt them to the requirements of the Shop, transforming the photo into a format that allows it to be used in a manner chosen by the Shop, changes consisting in reducing, increasing, framing, etc., combining with other works within the meaning of the Act on Copyright and Related Rights and the Shop’s use of these studies in the fields of use indicated above;
2. allows the Shop to exercise derivative copyrights, including, in particular, authorizing the use of photo studies and disposing of these studies in the fields of use indicated above;
3. authorizes the Shop to destroy the photo fixation made by the Shop, without the need to obtain additional consent from the Service Recipient,
4. transfers to the Shop the right to authorize the exercise of derivative copyright to the photo.
In addition, the Service Recipient declares that:
1. is the sole creator of the uploaded photo with the description or has all economic copyrights to the photo with the description, he personally and independently manages his own copyrights, no one is entitled to represent his rights in this regard, and that his rights to the photo are not in in any way limited or encumbered that no third parties will make any claims or demands against the Shop on account of the License granted and on account of the Shop’s exercise of the rights provided by the Customer,
2. persons appearing in the photos, whose consent is necessary for their publication, agreed to the publication of the photo and stated that the emission would not infringe their personal rights,
3. at each request of the Website, it will present appropriate documents confirming the legal status referred to in this section of the Regulations.
By sending a photo and other content to the Shop, the Service Recipient shall be solely responsible for infringement of proprietary and related copyrights and personal rights of third parties, and in the event of any claims or demands made by any person against the Website or the Service Provider, I undertake to release the Website or the Service Provider from any liability. and to fully satisfy the claims of third parties in this regard.

XIII. TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS (B2B)

This chapter contains provisions only for entrepreneurs not covered by protection under the Act on Consumer Rights.
The Seller reserves the right to cancel a non-consumer Sales Agreement within 14 working days of the date of the Agreement being concluded without giving any reason and without incurring any liability towards the business Customer.
The Seller may limit the scope of payment methods made available to the business Customer regardless of the payment method chosen by the business Customer and the fact that the Sales Agreement has been concluded. The Seller may demand full or partial payment in advance.
The risks and rewards of ownership including but not limited to the risk of loss of or damage to a Product shall pass to the business Customer when the Product is picked up from the Seller by the carrier. The Seller shall not be held liable for any damage, shortage or loss to the contents of the shipment that occurs after the carrier picks up the Product or for any delay in delivery.
Business Customer is required to inspect his shipment for any loss, shortage or damage before accepting it from the carrier. If the business Customer believes any or part of the Product is missing, wrong or damaged he should take all measures necessary to establish the liability of the carrier.
The Service Provider may terminate the Electronic Services Agreement with immediate effect and without giving any reason by sending a notice of termination to the non-consumer User.

XIV. PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

An entrepreneur conducting sole proprietorship (this chapter does not apply to commercial companies) is protected by the Act on Consumer Rights, provided that the contract he concludes with the Seller is directly related to his business activity, but the content of this contract shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity.
A person conducting business activity, referred to in item 1 of this chapter, is protected only in the scope of:
- a) prohibited contractual provisions - the so-called abusive clauses,
- b) liability under the warranty for physical and legal defects of the Product, in accordance with chapter X of the Terms and Conditions,
- c) the right to withdraw from a distance contract, in accordance with chapter XI of the Terms and Conditions.
- d) rules for a contract for the supply of digital content or a digital service.
The entrepreneur referred to in item 1 of this chapter loses his consumer protection rights in the event that the Sales Agreement he has concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.
Entrepreneurs referred to in item 1 of this chapter are not covered by institutional protection provided to Consumers by President of UOKiK.

XV. REVERSE VAT

From 1 July 2015, the following goods are covered by the so-called reverse VAT charge:
- Portable automatic data-processing machines, weighing <= 10 kg, such as: laptops and notebooks; pocket computers (e.g. computer notebooks) and the like - only portable computers, such as: tablets, notebooks, laptops,
- Telephones for mobile networks or for other wireless networks only mobile phones, including smartphones,
Video game consoles (of a kind used with a television receiver or standalone screen) and other arcade or gambling equipment with an electronic display - excluding parts and accessories.
The mechanism of the reverse charge of VAT on the goods indicated in point 1 of this chapter shall be applied if the following conditions are jointly met:
- the buyer is the taxpayer referred to in art. 15 of the VAT Act, registered as an active VAT taxpayer,
- the total value of the goods as part of an economically uniform transaction involving these goods, excluding the tax amount, exceeds PLN 20,000.
The economically uniform transaction referred to in point 2 of this chapter is considered to be a transaction involving a contract under which there are one or more deliveries of goods listed in point 1, even if they are made on the basis of separate orders or more invoices are issued. documenting individual deliveries.
An economically uniform transaction referred to in point 2 of this chapter is also considered a transaction involving more than one agreement referred to in point 3 of this chapter, if the circumstances surrounding this transaction or the conditions on which it was performed differed. the circumstances or conditions normally occurring in the trade in the goods mentioned in point 1 of this chapter.
After the Customer has placed the Order, if it concerns the Products listed in point 1 of this chapter as part of an economically uniform transaction, the value of which exceeds PLN 20,000 net, an employee of Militaria.pl will contact the Customer to determine the terms of the contract.
In the case of economically uniform transactions that meet the conditions described in point 2 of this chapter, the payment of the price for the goods may be made only from the Customer's payment account, including using a payment card or a similar payment instrument, which enable the identification of the person submitting the payment order or in the installment system.
If a given transaction is subject to the reverse VAT charge mechanism, Militaria.pl reserves the right to request the delivery of the originals of the documents listed below in order to issue a document correcting the VAT rate:
- a certificate issued by the Tax Office that the Customer is an active VAT payer - not older than 14 days,
- a declaration of the natural person that he is authorized to incur liabilities on behalf of the Customer with a legible signature and company seal along with the bank account number from which the payment will be made / to which the card has been assigned,
- payment confirmation.
The Militaria.pl verifies whether the Customer referred to in point 7 of this chapter is an active VAT taxpayer and, in the event of positive verification, issues an invoice correction to the "NP" rate and refunds the VAT to the Customer.
In the case of transactions where there are one or more deliveries of goods listed in point 1 of this chapter, even if they are made on the basis of separate orders or more than one invoices documenting individual deliveries are issued, considered as an economically uniform transaction, the Customer is obliged to accepting and signing relevant accounting documents issued by Militaria.pl in order to fulfill the obligations provided for by the mechanism of the so-called reverse VAT charge.

XVI. FINAL PROVISIONS

Agreements concluded through the Shop are construed in accordance with the laws of Poland.
Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
Any disputes between the Shop and Consumers arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 5 of this chapter.
Judicial dispute settlement procedures:
1. Any disputes arising between the Service Provider and the consumer User (Customer), shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
2. Any disputes arising between the Service Provider and the non-consumer User (Customer), shall be settled by the court having jurisdiction over the Service Provider’s registered office.
Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.
Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/

You may download withdrawal form here (PDF)

Withdrawal form editable. (.docx)

Help Menu

Terms and Conditions MILITARY.PL

Call us