Terms of service
Overview
Welcome to Drift View(“Drift View”, “we”, “us” or “our”).
These Terms of Service (“Terms”) govern your use of our website, online store, related content and services, and any purchase you make from us (together, the “Services”).
Our online store is powered by Shopify, which provides the e-commerce platform that allows us to offer our products to you. However, any contract for the purchase of products from Drift View is made directly between you and Drift View, not Shopify.
By accessing our website, placing an order or otherwise using the Services, you agree to these Terms.
If you do not agree to these Terms, please do not use the Services or place an order.
Nothing in these Terms excludes, limits or reduces any mandatory consumer rights that apply to you under the laws of your country, state, province, territory or region.
1. Seller Information
The seller responsible for purchases made through this store is:
Trading name: Drift View
Legal operator: Sean Hiro Rodriguez Torres
Email: realdriftview@gmail.com
Business address: Avenida de Manuel Azaña, 4 Portal 9 Bajo B, 28905 Getafe, Madrid, Spain
2. Eligibility and Use of the Store
You may use our store and purchase products only if you are legally able to enter into a binding contract in your place of residence.
Our RC drift camera car may be suitable for use by children only with appropriate adult supervision and in accordance with the product instructions and safety information. Orders must be placed by an adult or by a person legally capable of making the purchase.
You agree to provide accurate, complete and current information when placing an order, including your email address, billing details, payment details and delivery address.
You are responsible for ensuring that your delivery details are correct before submitting your order. We are not responsible for delivery problems caused by incorrect or incomplete information provided by you, except where applicable law provides otherwise.
3. Products and Product Information
Drift View currently sells an RC drift camera car and may offer related accessories or replacement components in the future.
We make reasonable efforts to display and describe our products accurately, including their appearance, features, specifications and included components. Product colours or appearance may vary slightly depending on your screen settings, lighting and device display.
Product photographs, videos and descriptions are provided to help you understand the product before purchasing. Minor variations that do not materially affect the product’s advertised functionality are not defects.
We reserve the right to update product descriptions, availability and pricing before an order is accepted.
Nothing in this section limits your rights where a product is defective, unsafe, materially different from its description, not of satisfactory or acceptable quality, or otherwise does not meet mandatory consumer-law requirements.
4. Product Safety and Responsible Use
The RC drift camera car is an electronic product containing a rechargeable battery and camera functionality.
You agree to:
- Use the product only in accordance with the instructions and safety guidance supplied with it;
- Charge, store and handle the battery responsibly;
- Keep the product away from hazards, liquids, excessive heat and unsafe operating environments unless the product instructions expressly permit such use;
- Ensure appropriate adult supervision where the product is used by children; and
- Use any camera functionality responsibly and in accordance with applicable privacy, recording and surveillance laws.
Drift View is not responsible for damage caused by misuse, unauthorised modifications, improper charging, improper storage, accidents, failure to follow safety instructions or unlawful use of the camera functionality, except where liability cannot lawfully be excluded.
5. Availability and Sales Locations
We currently intend to sell to customers in selected international destinations, including the United States, Canada excluding Québec, the United Kingdom and Australia.
We do not offer delivery to Québec, Canada. Orders with a Québec delivery address may not be accepted and may be cancelled and refunded if submitted in error before shipment.
Product availability and available shipping destinations may change from time to time. A product being displayed on our website does not guarantee that it will remain available until your order is accepted.
6. Electronic Contracting and Order Process
The language available for placing orders and concluding contracts through our store is English.
To place an order, you will generally be required to:
- Select the product and any available options;
- Add the product to your cart;
- Review your cart;
- Enter your contact, delivery and billing information;
- Review shipping options, total pricing, taxes, duties and any applicable charges;
- Enter or confirm payment information;
- Review your order for errors; and
- Submit the order using the checkout button indicating that the order involves an obligation to pay.
Before submitting your order, you may identify and correct input errors by reviewing and editing the information shown during checkout.
After placing an order, you will normally receive an electronic confirmation at the email address you provided. Please review this confirmation carefully and notify us promptly at realdriftview@gmail.com if any details are incorrect.
We will retain order information as required for legitimate business, tax, accounting, customer-support and legal compliance purposes. You may retain your order confirmation email for your records and may contact us regarding your order.
7. Order Acceptance and Contract Formation
Submitting an order constitutes an offer by you to purchase the selected product on these Terms.
Your order is accepted, and a binding sales contract is formed, when we send confirmation that your order has been accepted or dispatched, unless applicable law provides that the contract is formed at an earlier stage.
We may decline an order before acceptance for legitimate reasons, including:
- The product is unavailable;
- Payment cannot be authorised;
- The delivery address is outside our available delivery area, including Québec;
- We reasonably suspect fraud, unauthorised payment activity or misuse of the store; or
- There is an obvious pricing or product-information error identified before contract formation.
If we decline an order after payment has been taken but before a binding contract has been formed, we will refund the affected payment using the original payment method.
Once a binding sales contract has been formed, we will not cancel it merely because fulfilling the order has become inconvenient. Any cancellation after contract formation will occur only where permitted by applicable law, where performance has become impossible or unlawful, where you agree to cancellation, or where another lawful basis applies. Where cancellation results in a refund being due, we will issue that refund in accordance with applicable law.
8. Prices, Taxes, Duties and Payment
Prices shown on our store are displayed in the applicable currency shown at checkout.
For deliveries offered through our store, all applicable taxes and import duties are either included in the displayed price or calculated and collected at checkout, unless the checkout clearly states otherwise before you place the order.
You will be shown the total amount payable before submitting your order, including the product price, shipping charges and any taxes or duties collected through checkout.
You are responsible for reviewing the final order total before completing payment.
We accept the payment methods displayed at checkout. You represent that you are authorised to use the payment method selected for your order.
If, contrary to the information shown at checkout, a carrier or customs authority requests additional import duties or taxes for an order for which such amounts were stated as included or collected at checkout, please contact us at realdriftview@gmail.com before making payment so that we can review the issue.
Prices and promotions may change before an order is placed. Changes will not affect an accepted order, except where correction is permitted or required by applicable law.
9. Promotions and Discounted Products
We may offer discounts, promotional codes or special offers from time to time. Promotional offers may be subject to additional terms disclosed at the time of the promotion.
Unless expressly stated otherwise:
- Promotions cannot be combined;
- Promotions apply only during the stated promotional period;
- Promotions have no cash value; and
- Discounts cannot be applied retrospectively to orders already placed.
Discounted or sale items remain eligible for returns under our Return & Refund Policy where its conditions are met, and all mandatory consumer rights continue to apply.
10. Shipping and Delivery
We aim to deliver accepted orders within 15 business days from order confirmation, unless a different delivery estimate is clearly displayed and agreed before you place your order.
Delivery times may be affected by circumstances outside our reasonable control, including carrier disruption, customs processing, severe weather, public emergencies or incorrect delivery information supplied by the customer.
If we become aware that an order cannot be shipped or delivered within the promised timeframe, we will contact you using the details provided with your order and provide options required by applicable law, which may include agreeing to a revised delivery date or cancelling the affected order for a refund.
Risk of loss or damage to products remains with Drift View until the product is physically delivered to you or to a third party designated by you to receive it, except where you independently arrange a carrier not offered by us and applicable law permits risk to transfer earlier.
Please inspect your order after delivery and contact us promptly if it is damaged, defective, incomplete or incorrect.
11. Returns, Refunds and Cancellation Rights
We provide a voluntary 30-day return policy for eligible products, as described in our Return & Refund Policy.
For ordinary voluntary returns where you simply change your mind:
- You are responsible for return shipping costs;
- Original delivery charges are not refundable, unless applicable mandatory law requires otherwise; and
- The product must meet the eligibility conditions in our Return & Refund Policy.
Separate mandatory consumer rights may apply to defective, damaged, unsafe, incorrect or misdescribed products, or to online cancellation rights available in your location.
In particular:
- Consumers in the European Union or United Kingdom may have statutory online cancellation rights in addition to our voluntary policy;
- Consumers protected by Spanish or European Union law may have mandatory legal conformity and guarantee rights;
- Australian consumers may have rights under the Australian Consumer Law that cannot be excluded; and
- Consumers in other locations may have mandatory state, provincial, territorial or national rights.
12. Australian Consumer Law Notice
Where the Australian Consumer Law applies to your purchase, the following rights apply and are not excluded by these Terms:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms or any other Drift View policy limits these rights.
13. Accounts and Store Security
If account functionality is available on our store, you are responsible for maintaining the confidentiality of your account login information and for activity undertaken through your account, unless such activity results from our breach of legal obligations or security responsibilities.
You must not:
- Provide false or misleading account or order information;
- Attempt to gain unauthorised access to the store, customer accounts or systems;
- Use the website to distribute malicious software or harmful content;
- Interfere with store security or functionality; or
- Use the Services in an unlawful, fraudulent or abusive manner.
We may restrict or suspend access to website functionality where we reasonably believe this is necessary to protect users, prevent fraud, protect our systems or comply with legal obligations.
Suspension of website access does not remove any mandatory consumer rights relating to orders already placed.
14. Intellectual Property
Unless otherwise stated, the website, branding, store design, product-page content, text, graphics, images, videos, logos and other materials displayed through the Services are owned by Drift View or used under licence from their respective owners.
You may access and use the website only for personal, non-commercial shopping purposes.
You must not copy, reproduce, distribute, modify, publish, commercially exploit or create derivative works from our protected website content without our prior written consent, except where such use is permitted by applicable law.
The Shopify name, logo and related marks are the property of Shopify or its licensors. All third-party names, logos and trademarks remain the property of their respective owners.
15. Third-Party Services and Links
Our website may contain links to or functionality provided by third parties, including payment providers, delivery providers, analytics providers, social-media platforms or Shopify-supported services.
Third-party websites and services may be subject to their own terms and privacy policies. We are not responsible for third-party content or services that are separate from the product contract between you and Drift View, except where responsibility cannot lawfully be excluded.
Nothing in this section limits our responsibility for fulfilling orders placed directly with Drift View or for complying with mandatory consumer law.
16. Relationship with Shopify
Drift View is powered by Shopify, which enables us to provide the online store and related e-commerce functionality.
Any purchase made through our store is a transaction directly between you and Drift View. Shopify is not the seller of our RC drift camera car and is not responsible for fulfilling your order, processing Drift View product returns or providing remedies for Drift View products.
Nothing in this section excludes any liability or responsibility that Shopify may independently have to you under applicable law or under services provided directly by Shopify.
17. Privacy and Personal Information
We collect and process personal information in connection with operating our store, processing orders, handling customer enquiries, arranging delivery, managing returns and complying with legal obligations.
Because our store is hosted by Shopify, certain personal information may also be processed by Shopify and other service providers involved in providing the store, payment and delivery functionality.
Please review our Privacy Policy before placing an order.
18. Errors and Corrections
We make reasonable efforts to ensure that website information, product descriptions, availability, pricing and shipping information are accurate.
If we identify an error before accepting your order, we may correct the error and offer you the opportunity to proceed on the corrected basis or cancel your order.
If we identify an error after a binding contract has been formed, we will handle the matter in accordance with applicable law and will not remove any mandatory rights you have as a consumer.
We may correct typographical, technical or administrative website errors that do not affect an already accepted order.
19. Prohibited Uses
You may not use our Services:
- For any unlawful, fraudulent or malicious purpose;
- To infringe our rights or the rights of another person;
- To submit false payment or delivery information;
- To distribute viruses, malware or harmful code;
- To interfere with the proper operation or security of the website;
- To attempt unauthorised access to systems, accounts or data;
- To scrape, harvest or extract data from the website for commercial purposes without our written permission; or
- To impersonate another person or misrepresent your identity.
We may take reasonable action to protect our website and users from misuse, including restricting access where appropriate.
20. Disclaimer Relating to Website Availability
We aim to keep our website and store available and accurate. However, website access may occasionally be interrupted or affected by maintenance, technical issues, third-party platform outages or events outside our reasonable control.
To the extent permitted by law, we do not guarantee that the website itself will always be available without interruption or free from technical errors.
This section relates to use of the website and does not exclude or limit:
- Your rights relating to purchased products;
- Our obligations to deliver accepted orders;
- Mandatory consumer guarantees or legal conformity rights;
- Liability for fraud, deliberate misconduct or gross negligence where it cannot be excluded; or
- Any liability that cannot lawfully be excluded.
21. Liability
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including mandatory consumer rights and, where applicable, liability relating to:
- Fraud or fraudulent misrepresentation;
- Death or personal injury caused by negligence where exclusion is unlawful;
- Defective, unsafe, incorrect or misdescribed products;
- Statutory consumer guarantees or legal conformity obligations;
- Wilful misconduct or gross negligence where liability cannot be excluded; or
- Any other liability that applicable law does not permit us to exclude or limit.
Subject to the above, where permitted by applicable law, Drift View will not be responsible for losses that are not a foreseeable result of our breach, losses caused by your unlawful or improper use of the product, or losses caused by your failure to follow product safety instructions.
These Terms are intended for consumer purchases. Nothing in them limits remedies available to consumers under applicable mandatory law.
22. Your Responsibility for Unlawful Misuse
You are responsible for losses reasonably incurred by Drift View as a result of your unlawful misuse of our website, fraudulent conduct, unauthorised interference with our systems, or infringement of third-party intellectual-property rights through material you submit to us.
This section does not apply merely because you make a consumer complaint, request a return, exercise a statutory right, leave lawful feedback elsewhere, or bring a lawful claim against us.
23. Termination or Suspension of Website Access
You may stop using the website at any time.
We may suspend or terminate access to website functionality where reasonably necessary because of unlawful use, fraud, security risk, breach of these Terms or legal obligations.
Termination or suspension of website access does not cancel accepted orders, remove payment obligations already lawfully incurred or limit mandatory rights relating to products purchased from us.
24. Severability
If any part of these Terms is found to be unlawful, invalid or unenforceable, that part will be applied only to the maximum extent permitted by law or, where necessary, treated as removed.
The remaining parts of these Terms will continue to apply.
25. No Waiver
If we do not immediately enforce a provision of these Terms, that does not mean we waive our right to enforce it later.
Any waiver must be expressly agreed by us in writing unless applicable law provides otherwise.
26. Changes to These Terms
We may update these Terms from time to time, for example to reflect changes in our business, website functionality, products or legal obligations.
The version applicable to your purchase is the version made available to you at the time your order is placed, unless a later change is required by law or you expressly agree to it.
Any updated Terms will be posted on this page with an updated revision date.
27. Governing Law and Consumer Jurisdiction
These Terms and purchases made from Drift View are governed by the laws of Spain, without excluding any mandatory consumer protections that apply to you under the laws of your country or place of residence.
If you are a consumer, this choice of Spanish law does not deprive you of mandatory protections that cannot be excluded under the law that would otherwise apply to you.
Any dispute may be brought before the courts determined by applicable consumer-protection and jurisdiction rules. Nothing in these Terms requires a consumer to bring a dispute only in Spain where applicable law gives that consumer the right to bring proceedings in another competent jurisdiction.
28. Contact Information
Questions about these Terms, your order or our Services may be sent to:
Drift View
Operated by: Sean Hiro Rodriguez Torres
Email: realdriftview@gmail.com
Address: Avenida de Manuel Azaña, 4 Portal 9 Bajo B, 28905 Getafe, Madrid, Spain