9050

 

GameStop x SOTA:

The Intergalactic Games Physical Product Claim

 

§ 1. GENERAL PROVISIONS

  1. These terms and conditions, hereinafter referred to as “T&C“, define the terms and
    conditions under which the GameStop x SOTA: The Intergalactic Games Physical
    Product Claim is held, including inter alia the rules of supervision of its progress and
    the course of the complaints procedure.
  2. The organizer of the “GameStop x SOTA: The Intergalactic Games Physical Product
    Claim”– hereinafter referred to as the Agreement– is SOTA Limited Liability
    Company, Srebrna 16 /204 Street, 00-810, Warsaw, Poland, registered in the Register
    of Business Entities kept by the District Court for the City of Warsaw in Warsaw, XIII
    Commercial Department of the National Court Register under the KRS number
    0000864789, NIP no.: 5272939018, REGON no.: 387323186, with a share capital of
    PLN 5,000.00, hereinafter referred to as the “Seller“.
  3. GameStop Logo and Buck the Bunny are used under license from GME Entertainment,
    LLC. Licensed Physical Product are for personal, non-commercial use only.
  4. Any participant in the Agreement, hereinafter referred to as “Customer“:
    1) must be a natural person who is at least eighteen years of age (or who has written
    permission of their parent or legal guardian to enter this Promotion in accordance
    with relevant laws) with full legal capacity,
    2) has familiarized themselves with and accepted the T&C,
    3) has purchased Organizer’s NFT #2 from GameStop x SOTA: The Intergalactic
    Games collection and has Ethereum L2 wallet – an application that allows users to
    register a unique identifier, to use such unique identifier to access and to interact
    with the blockchain, and (subject to any technological restraint), to manage
    information (including any form of cryptographic asset) that is attributable to that
    unique identifier (including, for example, transferring any information) (hereinafter:
    ETH wallet”) containing the above-mentioned NFT
    4) Is holder of SOTA NFT #2 from GameStop x SOTA: The Intergalactic Games

§ 2. PHYSICAL PRODUCT

  1. The physical product is a skateboard deck handmade in EU with printed graphics
    without accessories, i.e. trucks, grip tape. The physical product is adapted to sports or
    to be used in a decorative form.
  2. The graphics on the skateboard, in addition to the NFT graphic, additionally contain
    the SOTA – Skate of the Art logo at the top of the graphic and the GameStop logo at
    the bottom of the graphic. The exact photos are published on the SOTA Discord server.
  3. In addition to the skateboard deck, the set includes a decorative box for storing the
    skateboard deck, wall mounting system, double-sided tape and a metal string for
    hanging the board on the wall.
  4. The graphics are applied to the skateboard deck using the Heat Transfer method.
  5. The dimension of skateboard deck is 8’’ x 31,875’’.
  6. Physical product is limited only to 50 editions.

§ 3. PHYSICAL PRODUCT PRICE

  1. The price for buying a single skateboard deck with a set is $299 denominated in ETH
    based on price from previous day.
  2. The price does not include shipping fees, customs and other related tax and fees.
  3. The shipping price is determined individually depending on the region of delivery.
  4. The price must be prepaid in ETH (Ethereum) to the L1 wallet address provided by
    Seller.

§ 4. DELIVERY

  1. The delivery time of the Physical Product from the moment of sending the payment is
    up to 4 months.
  2. Shipments are made using mainly FedEx Economy courier.
  3. Shipments are sent from Poland. Physical product delivery time may vary by region.
  4. Transport costs are priced individually depending on the place of delivery. Transport
    costs must be prepaid before shipment. The transport fee must be paid in ETH
    (Ethereum) to the L1 wallet address provided by Seller.

§ 5. PRINCIPLES OF CLAIMING PHYSICAL PRODUCT

  1. To be able to order Physical Product Customer must be a holder of GameStop x
    SOTA: The Intergalactic Games NFT #2 as of 1/31/2023 04:20:00 EST.
  2. Wallet numbers of holders who has a right to purchase Physical Product will be
    published by SOTA on their Discord server.
  3. Each pre-qualified GameStop x SOTA: The Intergalactic Games NFT #2 Customer
    (max. 50) will have the right to buy at least as many physical skateboards in relation to
    as many NFT#2 they have on their wallet by the above mentioned date.
  4. Each pre-qualified GameStop x SOTA: The Intergalactic Games NFT #2 Customer
    can request to buy a larger amount of a physical product on first-come-first-served
    basis, while supplies last.
  5. The purchase request can be done via email sent to team@bysota.com between
    02/02/2023 and 10/02/2023 – the email should include:
    a) Wallet address where you hold GameStop x SOTA: The Intergalactic Games
    NFT #2
    b) the requested number of boards.
  6. Buyer must complete the form with personal data that is necessary to ship a physical
    product. The seller will provide a link to the form in response to the e-mail together with
    assigned number of boards for a particular buyer.
  7. Buyer must prepay Physical Product at the price of $299 and shipping costs specified
    by Seller denominated in ETH to the wallet address provided by Seller. To confirm the
    ownership of GameStop x SOTA: The Intergalactic Games NFT #2, buyer must send
    the indicated amount of ETH (Ethereum) from the L2 wallet that is the holder of
    GameStop x SOTA: The Intergalactic Games NFT #2. The time to send the transfer is
    72 hours.
  8. Buyer must inform Seller by e-mail that the ETH (Ethereum) transfer has been made.

§ 6. PERSONAL DATA

  1. The personal data of the Customers shall be protected in accordance with Regulation
    (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 (hereinafter “GDPR“).
  2. The administrator of personal data is the Seller, who can be contacted by post to the
    address indicated in § 1 point 2. of the T&C or by e-mail to team@bysota.com.
  3. The Customers’ personal data will be processed exclusively for the purpose of carrying
    out the GameStop x SOTA: The Intergalactic Games NFT, delivering the Prizes on the
    basis of the Administrator’s legitimate interest (Article 6(1)(f) GDPR.
  4. Customers’ data will be processed for no longer than necessary to realize the legitimate
    interest of the Administrator.
  5. The Customer, under the terms of the GDPR, has the right to access the content of their
    data and to correct it, to restrict its processing to demand its deletion. To the extent that
    the data is processed on the basis of the legitimate interest of the Administrator, the
    Customer may object on the basis of his/her legitimate situation.
  6. The Customer has the right to file a complaint with the President of the Office for
    Personal Data Protection regarding the processing of their personal data. The Seller may
    transfer the data of selected Customers to entities involved in the delivery of Physical
    Product.
  7. Customers’ data will not be used to make automated decisions or subjected to profiling.
  8. Providing personal data is voluntary, but necessary to receive the Physical Product.

§ 7. RETURNS

  1. The customer is entitled pursuant to art. 27 of the Consumer Law, the right to
    withdraw from a distance contract without giving any reason and without incurring
    costs, except for the costs specified in art. 33, art. 34 of Consumer Law.
  2. The deadline for withdrawing from a distance contract is 14 days from the moment of
    handing over the item, and to meet the deadline it is enough to send a statement before
    its expiry.
  3. The Customer may submit a declaration of withdrawal from the Agreement at the e-
    mail address team@bysota.com or in any other form recognized by law.
  4. SOTA will immediately confirm to the Customer by e-mail (provided when
    concluding the contract and another if it was provided in the submitted statement)
    receipt of the statement of withdrawal from the contract.
  5. In the event of withdrawal from the contract, it is considered void.
  6. The Customer is obliged to return the Physical Product to the Seller immediately, but
    not later than 14 days from the date on which he withdrew from the contract. To meet
    the deadline, it is enough to send back the Physical Product including decorative box
    for storing the skateboard deck, wall mounting system, double-sided tape and a metal
    string for hanging the board on the wall.
  7. The Customer sends back the Physical Product at his own expense.
  8. SOTA does not interfere with the type of shipment selected by the Customer, but it
    must be of such a standard that the product being shipped is not damaged.
  9. SOTA shall promptly, not later than within 14 days from the date of receipt of the
    declaration of withdrawal from the contract submitted by the Customer, return to the
    Customer all payments made by him, including the costs of delivering the item to the
    Customer, and if the Customer has chosen a delivery method other than the cheapest
    usual method of delivery offered by the Seller, SOTA will not reimburse the Customer
    for additional costs in accordance with Article 33 of the Consumer Law.
  10. SOTA refunds the payment using the same method of payment as used by the
    Customer, unless the Customer expressly agreed to a different method of payment that
    does not involve any costs for him.

§ 8. WARRANTY

  1. SOTA based on art. 558§1 of the Civil Code completely excludes liability towards
    customers for physical and legal defects (warranty).
  2. SOTA is liable to the Customer on the terms set out in art. 556 of the Civil Code and
    subsequent for defects (warranty).
  3. The Seller will respond to requests within a maximum of 14 days of their receipt,
    responding to them using the same communication channel.
  4. Since the Physical Product is handmade and limited, it cannot be exchanged. SOTA is
    required to pay out $299 denominated in ETH.
  5. The customer who exercises the rights under the warranty is obliged to deliver the
    defective item to the address of SOTA Sp. z o.o.
  6. SOTA is not responsible for defects caused by using the product inconsistently.
  7. SOTA is not responsible for defects caused during the shipment.
  8. With its intended use (e.g. for damage caused by skateboarding or assembly).

§ 9. COMPLAINTS PROCEDURE

  1. Independently and without affecting the Seller’s liability to the consumer, as provided
    by generally applicable law, and the consumer's rights to make and pursue claims, all
    complaints regarding the GameStop x SOTA: The Intergalactic Games NFT Physical
    Product Claim may be submitted to the Seller.
  2. Complaints will be considered by a complaints committee, appointed by the Seller.
  3. The complaint may be submitted via email to team@bysota.com with the annotation
    “Complaint – GameStop x SOTA: The Intergalactic Games NFT Physical Product
    Claim”.
  4. The complainant should make their data visible in the content of the complaint, to allow
    contacting with regard to the outcome of such complaint procedure.
  5. SOTA is not responsible for any damage to the Physical Product by the transport
    company.

§ 10. FINAL PROVISIONS

  1. The T&C are available at: www.bysota.com/9050-2
  2. The provisions of these T&C shall be governed by the laws of Poland. In matters not
    regulated by the T&C, the provisions of the Civil Code and the Law on Copyright and
    Related Rights shall apply in particular.
  3. The Seller reserves the right to make changes to these T&C. Seller will inform the
    Customers about the introduced changes 5 days in advance, on its website and in other
    places where the T&C are made available. The changes will not affect the rights
    acquired by the Customers related to the actions performed by the Customers described
    in the T&C, which took place before the change of the Terms and Conditions became
    effective.
  4. Any disputes arising from the performance of obligations related to this T&C shall be
    resolved by the competent common court.

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