For the purpose of and in connection with these Rules for Electronic Services and Mail Orders operated by Drift Masters Grand Prix spółka z ograniczoną odpowiedzialnością with its registered office in ..., the following terms shall have the meaning defined below:
Seller - Drift Masters Grand Prix spółka z ograniczoną odpowiedzialnością with its registered office in: country - Poland, Mazovian Voivodeship, county – Płock, municipality - Płock, town - Płock, address: 09-407 Płock, ul. Otolińska 25, statistical ID (REGON): 141344411, VAT No (NIP): 5213529508, entered in the Register of Companies of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under the number 0000303724, hereinafter referred to as “Drift Masters GP” or “DMGP”. The Seller provides mail order services via its website shop.driftmasters.gp, which contains the presentation of products offered for such a form of sale.
Customer – each entity ordering or intending to order services or products offered by the Seller via its website shop.driftmasters.gp.
Consumer – a Customer being a natural person (i.e. not buying goods or services as a part of business activity) ordering or intending to order services and goods offered by the Seller via its website shop.driftmasters.gp.
Goods – a thing marked and available for sale via the website shop.driftmaters.gp, including in particular drifting clothes and gadgets.
Service - a service provided electronically, including in particular creating and maintaining the Customer’s / Consumer’s account, sending a Newsletter to Customers / Consumers, and enabling Customers / Consumers to use an interactive order form.
Order – the Customer’s statement aimed at entering into an agreement on the sale of goods via the website shop.driftmaters.gp.
Business Day – each day from Monday to Friday, except for days specified every time in Art. 1.1. of the Act of 18 January 1951 on non-business days or any legal act amending or superseding that Act.
Registration – a unilateral activity performed by the Customer or Consumer by the use of a registration form in order to create an Account and use services available on the website shop.driftmasters.gp as services subject to registration.An Account and a Login created during the Registration procedure may only be assigned to one Customer / Consumer.
Account – an individual file of IT resources with a unique Login and Password containing the Customer’s / Consumer’s data, Orders, discounts and history of correspondence. An Account and a Login created for the Customer / Consumer during the Registration procedure may only be assigned to one Customer / Consumer.
Login – the Customer’s / Consumer’s e-mail address, which is necessary to access the Account and is given by the Customer / Consumer during the Registration procedure.
Password – a sequence of characters chosen and defined by the Customer / Consumer during the Registration procedure.
Rules – this document providing for principles for entering into and performing mail order agreements via the website shop.driftmasters.gp.
These Rules provide for terms and conditions applicable to:
The provision of electronic services by the Seller to Customers/Consumers, including in particular creating and maintaining the Customer’s/Consumer’s account, sending a Newsletter to Customers/Consumers, and enabling Customers/Consumers to use an interactive order form;
The execution and performance of a sales agreement concerning Goods presented on the website shop.driftmasters.gp.
The Customer/Consumer of the Shop may only be: an adult natural person or a legal person or an unincorporated business unit whose legal capacity is provided by Polish law.
Costs arising from the use of the Internet by the Customer/Consumer are dependent on a price list of the Customer’s/Consumer’s telecommunications operator or supplier of Internet access services. Such costs and any other costs connected with the assurance of technical conditions set out in Section 3 above are payable by the Customer/Consumer and are independent of the Seller.
The Customer/Consumer may contact the Seller fast and effectively with regard to all matters hereunder by email at shop@driftmasters.gp on business days, from Monday to Friday, during hours specified on the home page of the Shop or in writing by mail to the address given in § 1.1.
The whole electronic correspondence sent by the Seller is protected against viruses and is addressed solely to the defined Customer/Consumer in accordance with applicable regulations of the electronic mail operator and applicable Polish legal regulations.
In the Shop, the Seller provides the following electronically supplied services available to Customers/Consumers:
To enter into an agreement on the provision of any of the electronic services referred to in Section 1 above, apart from meeting other conditions applicable to each service, the Customers/Consumers must always confirm that:
None of the above electronic services may be used in any way to deliver illegal contents, contents that violate third party rights, applicable legal order, good habits, or applicable legal standards in any way to the Customer/Consumer.
To fully use all mail order functions via the website shop.driftmaster.gp, the Customer/Consumer may create an individual Account, where data disclosed and information about Orders made by the Customer/Consumer via the website, as well as information about discounts and Newsletter subscription will be kept.
To create the Account, the Customer/Consumer must fill in the registration form, give a Login (an email address), and choose a Password and then approve it by choosing “Create an account”. At the latest within 1 (one) business day from the Account creation, the Customer/Consumer will receive a message confirming the Registration from the Seller to the defined email address. The message will include a link that must be clicked to enter into an Account service provision agreement.
The Account may also be created when an Order is made by ticking a relevant field in the order form and then clicking a link contained in the Seller’s registration message, as referred to in the previous sentence.
The Account service is provided free of charge. In order to use the Shop and, in particular, to make an Order, it is not necessary to create the Account. However, the Account makes the ordering process easier as when the Customer/Consumer signs in, all Orders, including data given by the Customer/Consumer during the ordering process, will always be recorded in the Customer’s/Consumer’s Account.
Having signed in, the Customers/Consumers may correct or update their data given during the Registration or later, except for the Login (an email address) to which the Account is assigned.
The Account service is provided for an unlimited period.
The Seller has the right to stop providing the Account service if the Customer/Consumer has not made any Order from their Account for consecutive 2 years.
The moment the Account service is stopped, all data kept in the Account are deleted.
The Seller must let the Customer/Consumer know about the intended termination of the Account service and deletion of data collected in the Account by sending a notice to the email address given in the Customer’s/Consumer’s Account.
If within 30 days of the receipt of such a notice, the Customer/Consumer explicitly requests, in writing to the address referred to in § 1.1 above or by email to the email address shop@driftmasters.gp, that the Account service is carried on, the Seller will neither liquidate the Account nor delete the data kept therein.
If the Customer/Consumer does not submit such a request within the period set out in the previous sentence, the Account service provision agreement will be terminated as of the end of such a period and the Customer’s/Consumer’s Account in the Shop will be removed, and all data kept therein will be deleted.
The Customer/Consumer may resign from the Account at any time without reason, which is equivalent to the request for deleting all data kept in the Account. The Customer/Consumer may resign from the Account by clicking the option “REMOVE THE ACCOUNT”, which is available upon signing in, or by sending a relevant request to the Seller by email to shop@driftmasters.gp. The moment the Customer/Consumer makes such a request or chooses the option “REMOVE THE ACCOUNT”, the Account service provision agreement will be terminated, the Account will be removed, and all data kept in the Account will be deleted.
Goods displayed on the website shop.driftmasters.gp may be ordered by the use of an interactive order form.
The order form is deemed to be filled in by choosing Goods to be ordered and adding them to the “trolley” and then giving the defined data and choosing terms of delivery and payment in accordance with consecutive instructions displayed in the order form, and then approving the Order by choosing the option “Order with an obligation to pay”.
Apart from the type and number of Goods ordered and the chosen terms of delivery and payment, the Customer must also give the following data in the order form: full name, address and delivery address (if different than the former), and email address.
Customers that are not Consumers must also give their business name and VAT number (NIP). It is not obligatory to give any other data, like a telephone number, but it will make the ordering process easier. If the order form is filled in by the Customer, when the Customer signs in the Customer’s personal Account, the above data are filled in automatically on the basis of data given by the Customer during the Registration or later and can be modified by the Customer/Consumer until the Order is approved by choosing the option “Order with an obligation to pay”.
The electronic service provision agreement concerning the order form comes into force the moment the Customer/Consumer chooses the option “Move to confirmation”. The order form service is a one-off service and ends the moment the Order is made by the Customer/Consumer in the way described in § 4 or the moment the order form is stopped to be used before the Order is made in the above way.
The order form service is provided free of charge.
The Seller will also provide the Newsletter service, which includes sending information about Goods, services, promotions, offers, actions, and events of the Seller by email. To use the Newsletter service, the Customer/Consumer must give an email to which the Newsletter will be sent. The Customer may subscribe to the Newsletter by entering the Customer’s email address in the field “Newsletter” on the home page of the shop, approving it by pressing Enter, and then choosing relevant options. To receive the Newsletter, apart from meeting the above conditions, the Customers/Consumers must also:
A. give their consent to personal data processing for marketing purposes, including profiling, including the receipt of the Newsletter with information about the Seller’s promotions, Goods, services, offers, actions, and events; B. give their consent to the commercial information in the form of the Newsletter to be sent to the defined email address; C. give their consent to the use of a computer, telephone, other mobile devices, and automated calling systems (i.e., machines calling or sending text messages, MMS, and emails) for the purpose of sending the Newsletter with information about the Seller’s promotions, Goods, services, offers, actions, and events; D. click the link contained in the Seller’s message sent to the defined email and confirming that the Customer/Consumer has subscribed to the Newsletter.
The moment the above conditions are met, the agreement on the electronic Newsletter service provision is deemed to have been entered into.
The Newsletter service is provided free of charge for an unlimited period. The Customer may waive the service at any time without reason by:
A. choosing the option “Unsubscribe”, which is available in the Customer’s/Consumer’s Account; B. re-entering an email address to which the Newsletter is sent in the “Newsletter” tab and choosing the option “Unsubscribe”; C. clicking the link available at the end of each email containing the Newsletter; D. sending a relevant request by email to shop@driftmasters.gp.
The moment the Customer/Consumer performs any of the activities referred to in Sections A-D above, the agreement concerning the Newsletter service provision is deemed to have been terminated.
The Customer/Consumer may order Goods displayed on the website shop.driftmasters.gp via the online shop. The product description includes information about characteristics and sizes of goods (if applicable). In exceptional circumstances, e.g., if the same goods are ordered by many Customers/Consumers at the same time, the goods chosen may be unavailable. In that case, the Customer/Consumer will be informed that the order cannot be met.
If the goods are not available in the warehouse of the website shop.driftmasters.gp or the order cannot be met for other reasons, the Customer/Consumer will be informed about the problems by email or phone. If the payment for such an order has been already received, the amount paid will be refunded in the same way the payment was made.
If, for any reason, the same payment method cannot be used, the operator of the shop.driftmasters.gp will try to contact the Customer/Consumer to agree on the refund method.
If the partial performance of the order is not consistent with the Customer’s/Consumer’s expectations for any reason, the Customer/Consumer has the right to withdraw fully from the order by sending relevant information by email to shop@driftmasters.gp.
Prices of Goods in the Shop are given in zloty and include VAT at a rate applicable as at the agreement date. The prices do not include delivery costs or costs, if any, arising from the method of payment chosen by the Customer.
The Seller sells Goods presented on the website shop.driftmasters.gp in Poland and to selected countries in Europe, as specified on the website of the Shop in the DELIVERY COST tab.
All goods displayed on the website shop.driftmasters.gp are new and free of defects.
The Seller has the right to change the price of Goods, introduce or withdraw Goods, grant discounts for particular Goods, and hold or cancel promotions. The changes may be also made in relation to Goods added by the Customer to the trolley until the Customer chooses the option “Move to confirmation”.
Promotional and occasional sales cover a limited quantity of Goods and Orders will be available at promotional/reduced prices until the stock subject to a given form of sale is exhausted. Goods available for promotional or occasional sales are marked with the labels: “Sales”, “Occasion” or “Promotion”. If such a label disappears, it means that the promotion or sales has ended.
Filling in the order form and choosing the option “Order with an obligation to pay” is equivalent to the Customer/Consumer making the Order and expressing a will of entering into the sales agreement concerning Goods at a quantity and price and under terms and conditions set out in the Order and these Rules (offer).
At the last step where the Customer/Consumer is able to choose the field “Order with an obligation to pay”, the order form displays a summary of the Order, including the total price of Goods ordered and the payment for additional services ordered by the Customer/Consumer, including taxes, as well as fees for the transport or delivery of Goods and other costs, if any, depending on payment and delivery options chosen by the Customer.
If the Customer/Consumer has chosen the option of payment by the use of electronic payment systems in the order form and the option “Order with an obligation to pay”, the information about the Customer’s/Consumer’s Order number and a payment link (field “Pay”) will be displayed:
A. by the use of an electronic payment system: przelewy24.pl B. The Seller also accepts traditional transfers. Therefore, the Customer/Consumer will be informed about a bank account number for such transfers (e.g. at the post office).
The Order will be considered properly made provided that the payment is ordered immediately after the Order is placed. If the payment is not credited into the Drift Master’s account kept with transaction intermediaries (the above electronic payment systems), the Order is deemed not to have been properly made, which means that the agreement is not entered into and the Order will not be performed. In such a case, a new Order must be made.
Immediately upon the Order is made, an email confirming the Order will be sent to the Customer’s/Consumer’s email address given in the sign-in data. Such a message will contain a unique order number, which, if given, will enable, for example, to find the status of the Order.
A purchase document is a bill or, at the Customer’s request, an invoice, which will be delivered to the Customer/Consumer by email, with Goods or separately.
The Customer authorizes the Seller to issue an invoice without the Customer’s signature and send it by email to the Customer’s email address, unless the Customer notifies the Seller that the hardcopy of the invoice will be collected.
Information displayed on the website shop.driftmaster.gp is not an offer of an agreement within the meaning of the Civil Code.
The sales agreement is entered into in Polish/English.
The Seller offers the following payment methods:
C. by the use of an electronic payment system: przelewy24.pl
D. The Seller also accepts traditional transfers. Therefore, the Customer/Consumer will be informed about a bank account number for such transfers (e.g. at the post office).
The Customer/Consumer chooses from the above payment methods by ticking a relevant field in the order form. The total price of Goods bought, including transport or delivery fees and other costs, if any, may be dependent on the payment method chosen by the Customer/Consumer, which is communicated in the payment form next to the method-of-payment field.
The Customer/Consumer that pays by the use of electronic payment systems should pay all costs arising from the Order, as referred to in § 4 above (i.e. costs specified in the summary of the Order) immediately upon the Order is made.
If the payment is not credited into the Drift Master’s account kept with transaction intermediaries (the above electronic payment systems), the Order is deemed not to have been properly made, which means that the agreement is not entered into and the Order will not be performed. In such a case, a new Order must be made.
Information about delivery costs is displayed in the order form at the last step when the Customer/Consumer may choose the option “Order with an obligation to pay” and in the email confirming the Order made by the Customer/Consumer.
A detailed price list and terms of delivery connected with a delivery method and payment methods are available on the website shop.driftmasters.gp under the DELIVERY COST.
Goods are delivered by courier to the address given in the order form.
The Seller delivers Goods solely to selected European states, which are specified in the table on the Shop’s website under the DELIVERY COST.
Deliveries to European states other than Poland are possible solely if the Order is paid: A. by the use of an electronic payment system: przelewy24.pl B. The Seller also accepts traditional transfers. Therefore, the Customer/Consumer will be informed about a bank account number for such transfers (e.g. at the post office).
Deliveries will be made within 21 business days, however no more than 30 calendar days.
The delivery time starts:
While collecting the Goods from the courier, the Customer should inspect the parcel (based on Art. 545 § 2 of the Civil Code).
If the parcel is damaged, the Customers not being Consumers must draw up a certificate of damage in the presence of a courier or immediately notify the Seller.
Complaints concerning damages in transit made by Customers not being Consumers without the certificate of damage will not be taken into consideration.
The Seller must deliver Goods free of defects and is liable for physical and legal defects in the Goods bought (statutory defect warranty) towards the Customer under terms and conditions set out in Art. 556-576 of the Civil Code.
The complaint concerning the Goods bought may be submitted by e-mail (to shop@driftmasters.gp) or by mail to: Drift Masters ul. Otolińska 25 09-407 Płock with the following annotation on the envelope: SHOP.
The Seller recommends that the complaint should include the Customer’s/Consumer’s contact data, a precise description of reasons for the complaint and requests to the Seller, as well as that a sales document or a copy of a sales document should be attached to the complaint. Complaints made by the Customer not being the Consumer without the sales document will not be taken into consideration.
To make a complaint, the Customer may follow the following guidelines: A. fill in the following complaint form: Complaint Form or Interactive Complaint Form; B. send the complaint for by e-mail to shop@driftmasters.gp.
To clarify doubts concerning the complaint, if any, the Seller may contact the Customer in the way chosen by the Customer.
Any Customer that exercises rights arising from statutory defect warranty must deliver a defective thing at the Seller’s cost to: Drift Masters ul. Otolińska 25 09-407 Płock with the following annotation on the envelope: SHOP.
The Customer may send the Goods subject to the complaint by courier specified by the Seller. For that purpose, the Customer should prior contact the Seller.
The complaint will be reviewed within 14 days of its receipt.
The Seller’s complaint handling procedure does not provide for non-court dispute resolution.
Post-sales services related to Goods bought by the Customer, like for example modifications to be made at the Customer’s request or repairs of mechanical devices, which are not covered by the statutory defect warranty will be provided solely at the Seller’s premises. Such services are fully payable by the Customer and to obtain such services the Customer must arrive at the Seller’s premises at its own cost and on its own account.
The Customer / Consumer may also make a complaint concerning non-performance or inadequate performance of services by the Seller. For that purpose, the Customer / Consumer may contact the Seller by e-mail at shop@driftmasters.gp or in writing by mail addressed to:
Drift Masters
ul. Otolińska 25
09-407 Płock
with the following annotation on the envelope: SHOP.
The complaint should define the type of request and the Customer’s contact data, including at least an e-mail address. The Seller may request the Customer to supplement the complaint.
The Seller will respond to the Customer’s complaint within 14 days from the receipt. The response will be sent to the Customer’s e-mail address or in writing to the Customer’s correspondence address.
The Consumer may withdraw from the agreement concerning the sale of Goods bought on the website shop.driftmasters.gp without reason by submitting a relevant statement within 30 (thirty) days from the delivery of the Goods (i.e. from the day the Goods obtained by the Consumer or a third party indicated by the Consumer, other than a carrier). To meet the withdrawal deadline, it is enough that the Consumer sends the statement of withdrawal before the end of the above period.
To withdraw from the sales agreement, the Consumer may, but does not need to, use a draft statement available under the following link:
SHOP DRIFT MASTERS PRODUCT RETURN FORM
The filled-in form must be sent by e-mail to shop@driftmasters.gp or in writing by mail to:
Drift Masters ul. Otolińska 25 09-407 Płock with the following annotation on the envelope: SHOP.
In the event of withdrawal, the Consumer must return the Goods to the following address immediately, however no later than within 14 days from the withdrawal.
To meet the above deadline, it is enough that the Goods are sent before the end of that period via a post operator within the meaning of the Post Office Law. In the event the Goods are returned, the Seller recommends that the annotation “RETURN” is written down on the parcel.
The Consumer may send the Goods subject to the return to the Seller by courier. For that purpose, the Consumer should prior contact the Seller. The Goods may be sent by courier indicated by the Seller at the Consumer’s request solely in the territory of Poland.
The Consumer is liable for reducing the value of the Goods as a result of use exceeding the use necessary to find out the character, properties, and operation of the Goods.
The Seller will refund the payments by the use of the same method of payment as the one used by the Consumer during the original transaction, unless the Consumer explicitly accepts a different solution.
The Seller will refund the payment within 14 days from the receipt of the statement of withdrawal, but it may refrain from refunding the payment until it receives the Goods or until it receives the evidence confirming that the Goods have been sent, whichever is earlier.
The Customer not being a Consumer does not have the right to withdraw from the agreement within thirty days. Terms and conditions of withdrawal applicable to such Customers are set out by the Civil Code.
A data controller for personal data of the Customers / Consumers of the website shop.driftmaters.gp is: Drift Masters Grand Prix Sp. z o.o. , hereinafter referred to as the “Data Controller”.
The Data Controller may be contacted:
The Data Controller appointed a Personal Data Protection Officer, who may be contacted:
The Customer’s personal data are processed by the Data Controller to:
take actions requested by the Customer before the agreement date;
enter into and perform the agreement for a period necessary to perform the agreement and make related settlements;
fulfil the Data Controller’s legal obligations on the basis of the GDPR POLICY, including: a) obligations under the statutory defect warranty - during the period of liability under the statutory defect warranty; b) obligations connected with the withdrawal from or termination of the agreement - by the expiry of a period of limitation of claims thereunder; c) obligations connected with the issue and retention of invoices and documents required by tax law and accounting regulations - by the invoice or other document date and then for the retention period set out by tax and accounting regulations; d) the retention of data to prove that settlement and other obligations stemming from personal data protection regulations have been met - for the term of related liability;
meet legitimate interests of the Data Controller, existing in the case of:
a) the identification, defence and pursue of claims - by the expiry of a period of limitation of claims arising from the agreement or actions taken by the Data Controller in connection with the agreement or requests made before the agreement date (no more than 10 years from the completion of the agreement or requests made before the agreement date or from the issue of a valid court ruling);
b) the development of lists, analyses and statistics for the Data Controller’s internal purposes, including in particular reporting, product development tests and planning, service development and quality improvement plans, R&D in It systems - during such actions before the agreement date and until the completion of the agreement, and then no longer than by the expiry of a period of limitation of claims under such an agreement or actions taken by the Data Controller in connection with the agreement or requests made before the agreement date;
c) the assurance of safety of networks and information - for the whole data retention period, i.e. by the expiry of a period of limitation of claims under the agreement or actions taken by the Data Controller in connection with the agreement or requests made before the agreement date and by the expiry of the Data Controller’s liability for settlements and other obligations imposed by personal data protection regulations;
d) Customer service support, including its adjustment to needs arising from orders, complaints, requests - for the whole term of the agreement or until the completion of actions taken at request before the agreement date;
e) marketing purposes, including profiling, i.e. to deliver information about promotions, products and services, events, actions and the Data Controller’s special offers - for the whole term of the agreement until the completion date;
f) protection against attempted frauds - during related proceedings.
The Customer’s personal data are given voluntarily. The Customer is not obliged to give any data and the delivery of such data is not obligatory by law and is solely a contractual obligation. Personal data may be given solely if the Customer agrees and at the Customer’s discretion. However, personal data may be necessary to:
The Customer / Consumer has:
The withdrawal of the consent is without prejudice to the compliance of data processing based on the consent given before such withdrawal.
The Customer has the right to object against the processing of the Customer’s personal data:
The Customer / Consumer may exercise the above rights at any time by making a relevant request.
The Customer / Consumer may submit the above requests to the Data Controller by delivering a written statement:
The Data Controller must inform the Customer / Consumer about actions taken in connection with such requests without unnecessary delay, however no later than within one month of the receipt of the request. If necessary, this time limit may be extended by further two months given the complicated nature of the request or the number of requests.
If the Data Controller fails to take actions connected with the Customer’s / Consumer’s request, as mentioned above, it must immediately, however no later than within one month of the receipt of the request, inform the Customer about reasons for the actions not being taken and about the Customer’s right to lodge a complaint with the Chairman of the Personal Data Protection Office and to use legal measures before courts.
If the Data Controller has reasonable doubts concerning the identity of the Customer / Consumer in connection with the request, the Customer may be asked to give additional information that are necessary for identification purposes.
The Data Controller will submit the information mentioned above in writing at the Data Controller’s discretion:
At the Customer’s / Consumer’s request, the Data Controller will inform the Customer / Consumer about recipients that were informed about the rectification or erasure or limitation of processing of the Customer’s personal data and recipients that the Data Controller did not manage to notify.
The Seller reserves the right to amend these Rules in the following circumstances:
In the case of continuous agreements, e.g., the Account service provision agreement, the amended Rules are binding on the Customer provided that the Customer has been notified of amendments to the Rules and has not terminated the agreement within 14 calendar days thereof.
In the case of non-continuous agreements, amendments to the Rules are without prejudice to rights acquired by the Customers as of the effective date of these Rules and to Orders that have been already made or are being made.
All matters not provided for in these Rules are governed by commonly applicable regulations of Polish law, including in particular the Civil Code and the Consumers Rights Act of 20 May 2014.
These Rules neither exclude nor limit any of the Consumer’s rights stemming from absolutely applicable legal regulations. In the event of a conflict between these Rules and absolutely applicable legal regulations, such legal regulations will prevail.
Any regulations of agreements that are less favourable for the Consumer than those set out in the Consumers Rights Act are invalid and governed by the Consumers Rights Act applies.
These Rules are available to the Customers / Consumers in an electronic form on the website shop.driftmasters.gp (“Rules”) in the read-only version.
The agreement is recorded, protected and made available to the Customer: