TERMS AND CONDITIONS OF INTERNET SALES

Glossary:

Store – the Seller’s online shop operating under the domain www.born2drift.com, where Customers can purchase goods in the form of car parts and accessories.

Seller – born2drift Spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław, ul. Jeździecka 19/503, 53 – 032 Wrocław, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław – Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under KRS number: 0000882588, NIP: 8992892996, e-mail address: info@born2drift.com.

 

Client/Customer – a natural person, legal person or another organizational unit with legal capacity, concluding with the Seller a contract for sale of Goods through the Store.

 

Consumer – a Client who is a natural person who concludes a contract with the Seller through the Store for purposes not directly connected with his/her business or professional activity.

Individual entrepreneur with consumer rights – a Client who is a natural person engaged in business (sole trader), who concludes an agreement with the Seller through the Store directly related to his or her business, but which is not of a professional nature for this person, arising in particular from the subject of his or her business activity, available on the basis of provisions of the Polish Central Register and Information on Business Activity.

Customer Account – individual administration panel of the Customer created after registration, used for instance for the execution of placed orders, checking order history, data concerning payments and overpayments for orders.

Goods – goods in the form of car parts and accessories available for purchase in the Store.

Terms and Conditions – this document, that constitutes regulations of providing services by electronic means, within the meaning of Article 8 of the Polish Act of 18 July 2002 on providing services by electronic means.

 

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

User – any person visiting the domain www.born2drift.com where the Store operates.

 

Working days – all days of the week from Monday to Friday, excluding public holidays in Poland.

§ 1

General provisions

  1. Terms and Conditions define the general conditions, rules and manner of sales of Goods conducted by the Seller through the Store, including the conditions for placing orders by Clients, rules for delivery of ordered Goods to the Clients, method and time of payment and rules for lodging complaints, as well as the right to withdraw from the contract concluded remotely by Consumers and Individual Entrepreneurs with the rights of Consumers.

  2. Terms and Conditions also define the terms and conditions of electronic provision of the free-of-charge service of running a Customer Account by the Seller.

  3. It is prohibited for Customers and Users to provide unlawful content, which in particular means taking actions that may cause disruption or damage to the functionality of the Store.

§ 2

Technical requirements necessary to use the Store

  1. The technical requirements to be met by a Customer in order to use the information and communication system which the Store uses are:

    1. having a connection to the Internet with a minimum bandwidth of not less than 1 mbits/512 kbits, permanent public address;

    2. use of a web browser capable of displaying hypertext documents (HTML) on a computer screen, such as Mozilla Firefox, Internet Explorer, Safari, Opera, Microsoft Edge or a similar browser;

    3. having an active e-mail account.

  2. If the Customer uses equipment and software that does not meet the technical requirements specified in paragraph 1 above, the Seller does not guarantee the proper operation of the Store and stipulates that it may have a negative impact on the quality of services provided or completely prevent their implementation.

§ 3

Type and scope of services provided electronically

  1. Services provided by the Seller electronically on the basis of the Terms and Conditions consist in sale of Goods offered in the Store to Customers, as well as in provision of free-of-charge service of maintaining a Customer Account for registered Users.

  2. Creation of a Customer Account requires registration. Registration is free of charge and voluntary. After registration, an individual Customer Account is created. In order to register, the Customer should only provide an active e-mail address and a password established by him or her and accept the provisions of the Regulations.

  3. The moment the Customer Account is registered, the agreement on the free provision of services for maintaining a Customer Account is concluded.

  4. The Customer can at any time delete the Customer Account, which is equivalent to termination of the contract for maintaining a Customer Account concluded with the Seller.

  5. In the event of violation by the Customer of the provisions of the Regulations, in particular the provision of illegal content, which is understood as content that can cause disruption or damage to the functionality of the Store, the Seller may terminate the contract for maintaining a Customer Account with immediate effect by removing the Customer Account.

§ 4

Terms of placing orders

  1. The subject of the contract of sale concluded between the Customer and the Seller are the Goods presented on the website of the Store.

  2. The Customer is entitled to place orders for goods available in the Store without necessity to register and to create a Customer Account.

  3. Placement on the website of the Store of a particular Goods, together with the indication of its price, does not constitute an offer to sell it, but only an invitation to Customers to place an order and conclude a contract of sale.

  4. In order to place an order in the Store the Customer should:

    1. enter the website of the Store;

    2. choose the Goods being the subject of the order and its quantity, and then select the field “Add to cart”;

    3. go to the shopping cart and:

  • select the quantity of the ordered Goods;

  • in the case of Customers who have a discount voucher and wish to use it, tick the “Use voucher” option;

  • enter their data in the order form, i.e.: first and last name (company name optional), e-mail address, phone number and address to which the Goods are to be delivered, which includes the street, house and flat number, city, postal code and country of delivery. In the case of Customers who have a Customer Account, the form data shall be filled in automatically, but then the Customer shall have an option to change this data by ticking the box “Send to another address”. The Customer may also include comments to the order in the field “Comments to the order”;

  • choose the method of delivery and payment;

  • read the Terms and Conditions and tick the box “I have read and accept the Terms and Conditions”;

  • tick the “I buy and pay” box;

  • make the payment.

  1. Completion of an order placed on the Store’s website requires both the correct and complete fulfilment of the order form by the Customer, as well as acceptance of the provisions of the Terms and Conditions. Failure by the Customer to any of these obligations is equivalent to the inability to fulfil the order by the Store.

  2. The order placed by the Customer to the Seller constitutes an offer to conclude a sales contract of Goods selected by the Customer at a price specified in the order. This offer is binding for the Customer if the Seller immediately confirms its receipt.

  3. The Seller confirms receipt of the order by automatically generated e-mail message sent to the Customer. The message shall contain: number and date of the order, details of the purchased Goods, price and method of payment, details of the parties to the sale contract, date, place and method of delivery, as well as information that the order will be fulfilled after the Client’s payment for the chosen Goods has been credited.

  4. At the moment of receipt of payment for the order by the Seller, the contract of sale of the ordered Goods between the Seller and the Client is being concluded.

§ 5

Prices and payments

  1. Prices of all Goods available in the Store are expressed in Polish zloty and Euros and specify the gross value, i.e. include all taxes, subject to the fact that the costs of delivery of Goods to the Customer are regulated in § 6 paragraph 3 of the Terms and Conditions.

  2. Payment for the Products by the Customer shall take place after the Customer has ticked the “I buy and pay” box after completing the steps described in § 4 subparagraph 4 of the Regulations by way of:

    1. electronic bank transfer made through the Przelewy24 online payment system operated by PayPro S.A. based in Poznań;

    2. payment through Stripe electronic payment system;

    3. payments via Apple Pay electronic payment system;

    4. payments via electronic payment system PayPal;

    5. payments through the BLIK mobile payment system;

    6. payments directly from the Customer’s payment card (Visa, MasterCard, American Express, Discover).

  1. The proof of payment for the Goods is an electronic order completion document or a VAT invoice, which are sent to the Customer’s e-mail address together with confirmation of acceptance of the Order for processing.

§ 6

Delivery dates and costs

  1. Delivery of the ordered Goods to be sent to the Customer in the case of:

    1. orders with delivery address in countries of the European Union:

      • in the case of orders placed on a working day up to 12:00 CET, will take place on the same working day;

      • in the case of orders placed after 12:00 CET or on a day that is not a working day, the transfer of the order for dispatch to the Customer shall take place on the next working day following the day on which the order was placed;

    1. orders with a delivery address in countries outside the European Union:

      • transmission of the order for dispatch to the Customer will take place within 3 working days after the day the order is placed.

  1. All deliveries are made via courier companies DPD and FedEx. The expected delivery time of the Goods within the European Union is from 3 to 5 working days after sending the shipment, and in the case of delivery to countries outside the European Union – 15 working days after sending the shipment.

  2. The cost of delivery of the ordered Goods to the countries of the European Union is included in the price of the Goods presented on the website of the Store, and the Customer does not incur any additional costs on this account. In case of delivery of the ordered Goods to countries outside the European Union, the cost of delivery shall be generated individually and added to the cost of the order depending on the country of delivery and the quantity of the ordered Goods. In this case, the Customer shall bear the cost of delivery in advance, together with payment for the ordered Goods.

  3. Goods purchased in the Store are delivered to the territory of the European Union, the United Kingdom, the USA and Canada.

  4. The Customer, receiving the shipment with the order, is entitled to check the condition of the shipment and to verify whether it corresponds to the order. If the parcel is damaged or tampered with, the Customer may request the courier to prepare a damage report, as well as refuse to accept the damaged parcel. The Customer may request the courier to issue one copy of the damage protocol in the event of its preparation. The damage protocol should be attached by the Customer to the complaint submitted to the Seller in order to facilitate its consideration.

  5. In case of absence of the Customer at the address indicated as the address of dispatch, the courier leaves a notification letter with information about the place and time of possible collection of the order.

§ 7

Consumer withdrawal from the Agreement

        1. Pursuant to Article 27 of the Polish Act of 30 May 2014 on Consumer Rights, the Customer who is a Consumer or an Individual Entrepreneur with Consumer rights may withdraw from the contract without giving any reason within 14 days from the date of delivery of the ordered Goods to him. The Client, wishing to withdraw from the contract under the aforementioned conditions, should appropriately fill in and send to the Seller a signed form of declaration of withdrawal from the contract constituting Attachment No. 1 to these Regulations, or make a declaration of withdrawal electronically to the e-mail address of the Store: info@born2drift.com, which should contain all information indicated in the form attached to the Regulations.

        2. Second Returned Goods should be sent back immediately, i.e. within a maximum of 14 (fourteen) days from the date of making a statement of withdrawal to the address of the Seller: ul. Rzeźnicza 13, 59 – 300 Lubin, in a condition with no traces of use beyond that necessary to determine the nature, characteristics and functioning of the returned Goods.

        3. The Client shall be responsible for diminution in the value of the Goods resulting from using them in a manner beyond the necessary to ascertain the nature, characteristics and functioning of the Goods. In the case of diminishing value of the returned Goods, the Seller shall be entitled to refuse or proportionally reduce the refund to the Client.

        4. The cost of sending back the Goods to the Seller in the situation of withdrawal from the agreement concluded at a distance shall be borne by the Seller. However, if the Customer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Customer the additional costs incurred on this account.

        5. The Seller shall refund the price for the returned Goods no later than within 14 days from the date of receipt of a statement of the Customer being the Consumer or Individual Entrepreneur on the rights of the Consumer to withdraw from the contract and using the same method of payment as the one used by the Customer, unless the Customer expressly agrees to a different method of return that does not involve any costs for him. The Seller may withhold reimbursement until the Goods are received back or the Client provides evidence of having sent back the Goods, whichever occurs first.

§ 8

Complaints

        1. In the case when the Goods are inconsistent with the agreement, the Client is entitled to make a complaint to the Seller.

        2. The basis for the complaint is a physical or legal defect of the Goods, whereby:

  1. physical defect shall be understood as non-compliance of the Goods with the contract of sale, when the Goods:

  • does not have properties that it should have due to its purpose;

  • does not have the properties, of which the Seller assured the Client;

  • has been delivered to the Customer incomplete.

b) legal defect shall be understood as non-compliance of the Goods with the sales contract when the Goods:

  • is the property of a third party,

  • is encumbered with the right of a third party,

  • limitation in the use or disposal of the Goods resulting from the decision or ruling of the competent authority.

  1. Third Customer complaint may be submitted in writing to the address of the Store or by e-mail to the address: info@born2drift.com. The Customer shall have the right to make a complaint within 2 (two) years from the date of delivery of the Goods, subject to passage 8 below. The Goods under complaint shall be sent by the Customer to the address: ul. Rzeźnicza 13, 59 – 300 Lubin, Poland.

  2. For the purpose of considering the complaint of the Goods, the Client should send or deliver the Goods complained of, together with the evidence of purchase from the Seller (electronic confirmation of order or VAT invoice).

  3. Complaint should contain at least the name, surname and e-mail address used by the Client to place an order, identification of Goods that are complained about and a description of reported reservations, along with the Client’s request related to the complaint. The complaint made in writing should also contain the Client’s mailing address. In case of failure to provide the data, the Seller may request the Customer to supplement the above data.

  4. When submitting a complaint, the Customer may request:

    1. remove (repair) defects of the Goods;

    2. exchange the Goods for Goods free from defects;

    3. reduce the price, unless the Seller, immediately upon receipt of a complaint and without undue inconvenience for the Client, removes defects in the Goods or replaces the Goods for goods free from defects;

    4. withdraw from the sales contract, if a defect is material, i.e. to refund the price paid, unless the Seller, immediately upon receipt of a complaint and without undue inconvenience for the Client, removes the defect in the Goods or replaces the Goods for defect-free ones.

  1. The Seller may refuse to satisfy the Client’s request if bringing the Goods to conformity with the agreement in a way selected by the Client is impossible or in comparison with other possible ways to bring them to conformity with the agreement would require excessive costs. In the case of Clients who are not Consumers, the Seller may refuse to exchange the Goods for goods free from defects or to remove defects in the Goods also when the costs of satisfying this obligation exceed the price of the Goods sold.

  2. The Client should submit a complaint within one year from the date of noticing a defect. However, the time for filing the complaint cannot end before the expiry of the two-year period of the Seller’s liability for the Goods. In case of Customers who are not Consumers, the notification should take place immediately after purchase of the Goods, and in case when a defect of the Goods has become apparent later – immediately after discovery of the defect under pain of losing the complaint rights.

  3. The Seller within 14 days shall respond to the complaint of Goods reported by the Customer and notify him of the result of its consideration.

  4. In case of recognizing the complaint by the Seller as legitimate, the Seller will perform the actions requested by the Customer described in paragraph 6 above. In this case, the Seller shall also reimburse to the Client any costs associated with sending back the Goods complained about and cover the cost of re-sending the Goods to the Client, if any.

  5. The Seller’s liability to the Clients who are not Consumers or Individual Entrepreneurs with rights of Consumers for defects of the Goods is limited to the amount that the Client paid for the Goods subject to complaint and the amount equivalent to the costs of their delivery. The Seller shall choose the way of satisfying claims under the complaint in this case, and the burden of proof that the sold thing has defects shall be on the Client who is not a Consumer or Individual Entrepreneur with Consumer rights.

§ 9

Personal data, privacy and cookies

Detailed provisions on the protection of Customers’ personal data, in particular the information required by Article 13 of the GDPR, as well as rules on the use of cookies by the Store are included in the Privacy Policy www.born2drift.com.

§ 10

Risks arising from the provision of electronic services

  1. Seller informs that it has made every effort to make the use of the Store as safe as possible for users and customers and their devices and software.

  2. At the same time, however, the Seller informs that the use of services provided electronically via the Internet involves risks consisting in particular of the possibility of exposure to:

  1. receiving spam, i.e. unsolicited commercial information transmitted electronically;

  2. action of malicious or unwanted software capable of self-replication in a manner unnoticeable to the Customer or the User;

  3. action of software spying on the User’s or Client’s activities on the Internet, installing itself without their knowledge, consent or control;

  4. phishing, i.e. a security breach technique used to obtain personal and confidential information for the purpose of identity theft by sending false e-mails resembling authentic ones;

  5. the phenomenon of sniffing (unauthorised eavesdropping), consisting of the operation of illegal software that intercepts and analyses data flowing through the Internet;

  6. introduction by other persons using the IT system or telecommunication network of illegal devices giving unauthorised access to protected services.

§ 11

Final provisions

  1. The Store makes these Regulations available to Customers free of charge before the conclusion of a contract for the provision of services by electronic means in a manner that allows obtaining, reproducing and recording the content of the Regulations by means of a data communications system used by the Customers. In particular, Customers may, without any restrictions, download the Terms and Conditions from the Store’s website as a file in html format, save the Terms and Conditions on their memory media, as well as print them out in any number of copies.

  2. All trademarks, names and descriptions of Goods and their images, as well as other markings and documents that may constitute an object of intellectual property rights published on the Store’s website, including these Terms and Conditions, are protected by law and their unlawful use may expose the entity or person committing the violation to civil law liability.

  3. Seller reserves the right to change the Terms and Conditions in cases where it is required by changes to Store functionality or changes in generally applicable laws. Customers will be notified of any change to the Terms and Conditions electronically to the e-mail address provided and through information on the website of the Store at least 7 days before the change comes into force. Seller ensures that any orders placed before the date of entry into force of changes to these Terms and Conditions are carried out on the basis of the provisions in force on the date of order, and any archival versions of the Rules will be stored on the website of the Store.

  4. In the case of disputes, to which the Consumer is a party, the Consumer has the opportunity to use out-of-court complaint handling and claim investigation methods. In particular, the Consumer may obtain free assistance to resolve a dispute between the Consumer and the Seller, also using free assistance of district (city) consumer ombudsman or a social organization whose tasks include protecting consumers. In addition, the Seller informs that in order to protect consumers, the European Union has launched the Online Dispute Resolution – ODR platform (On-line Dispute Resolution) allowing for out-of-court settlement of disputes between consumers and businesses https://webgate.ec.europa.eu/odr/main/?event=main.home.show.

  5. In the case of disputes, a party to which is a Customer who is not a Consumer or an Individual Entrepreneur with the rights of a Consumer, competent to resolve disputes is a common court with jurisdiction over the registered office of the Seller.

  6. In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Act of 23 April 1964 – Civil Code, the Act of 30 May 2014 on consumer rights and the Act of 18 July 2002 on the provision of electronic services.

  7. The Regulations do not exclude or limit any rights of Customers who are Consumers, which they are entitled to under mandatory provisions of law. In the case of conflict between the provisions of these Regulations and mandatory provisions of the law on the rights of Consumers, the provisions on the rights of Consumers shall prevail.

  8. These Terms and Conditions shall be effective as of 1 August 2021.

ANNEX 1

DECLARATION OF WITHDRAWAL

 

(Place) _________, day of _____________________

 

Seller:

born2drift Sp. z o.o. based in Wrocław, ul. Jeździecka 19/503, 53 – 032 Wrocław, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław – Fabryczna in Wrocław VI Economic Division of the National Court Register under KRS number: 0000882588, NIP: 8992892996.

 

Purchaser (consumer or individual entrepreneur with consumer rights):

Name and surname: ………………………………………………………………

Address: ………………………………………………………………

E-mail address: ………………………………………………………………

Company name (only for individual traders with consumer rights): ………………

TIN (only for individual traders with consumer rights): ………………………

 

STATEMENT

 

I hereby give notice of my withdrawal from the sales contract for the following goods: ………………………………………………………………………………….. (enter the name of the goods here). The sales contract was concluded on ………………………. (enter the date of conclusion of the contract here). The goods were collected by me on ……………………………… (enter the date of receipt of the Goods here).

…………………………..

Signature

(only if the declaration is sent on paper)