General terms and Conditions of business
Article 1 – Definitions
In these terms and conditions, the following has the following meanings:
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who concludes a distance contract with the entrepreneur;
Day: calendar day; 15-6-2024
Continuous transaction: a distance contract for a series of products and/or services where the delivery and/or purchase obligation is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in such a way that it can be kept for future consultation and unaltered reproduction.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to the conclusion of the contract;
means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being together in the same place at the same time.
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: On request
Email address: info@dragontrue.com
Chamber of Commerce number: On request
VAT number: On request
Address: Suite 3, Office 4, 50 Hamlet Court Road Westcliff-On-Sea Essex England SS0 7LX (no return address)
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it shall be stated before the conclusion of the distance contract that the general terms and conditions can be inspected at the trader's premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, electronically or by other means, at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the provision most favorable to him.
Should one or more provisions in these general terms and conditions be or become invalid or void at any time, in whole or in part, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced by mutual consent without delay by a provision that comes as close as possible to the original intention.
Situations not regulated in these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be explained "in the spirit" of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
All images, specifications and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Every offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
the price, excluding customs duties and import VAT. These additional costs are borne by and at the customer's risk. The postal and/or courier service will apply the special rules for postal and courier services with regard to imports. This rule applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect VAT (together with any customs duties charged) from the recipient of the goods;
any applicable shipping costs;
the manner in which the contract is concluded and the steps required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the contract;
the deadline for accepting the offer or the deadline within which the trader guarantees the price;
the rate for distance communication if the costs for using the distance communication technology are calculated on a basis other than the basic rate for the means of communication used;
whether the contract will be archived after its conclusion and, if so, how this is accessible to the consumer;
the manner in which the consumer, before concluding the contract, can check and, if necessary, correct the data provided by him under the contract; if
applicable, the languages other than German in which the contract can be concluded;
the codes of conduct to which the trader has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuous transaction.
Optional: available sizes, colors, material types.
Article 5 - The contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the attached conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within the legal framework, inquire about the consumer's ability to pay, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information together with the product or service, in writing or in a way that allows the consumer to store it accessibly on a durable medium:
the address of the entrepreneur's establishment where the consumer can submit complaints;
the conditions and manner in which the consumer can exercise his right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the data contained in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the contract;
the conditions for terminating the contract if the contract has a duration of more than one year or an indefinite duration.
In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
Every contract is concluded subject to the suspensive condition of sufficient availability of the products in question.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option of withdrawing from the contract without giving any reason within 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will
return the product to the entrepreneur with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days of receiving the product. The consumer must do this in writing or by email. After the consumer has notified them that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered products have been returned on time, for example by providing proof of shipment.
If the customer has not notified them that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is binding.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, they will bear the costs of returning the products.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible and no later than 14 days after withdrawal. However, this is conditional on the product already being received back or on conclusive proof of complete return being provided.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
that are made by the entrepreneur according to the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software of which the seal has been broken by the consumer;
for hygiene products of which the seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant operation or leisure activities, which are to be provided on a specific date or during a specific period;
the delivery of which has started with the consumer's explicit consent before the end of the cooling-off period;
and concerning betting and lotteries.
Article 9 – The price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are guide prices will be stated in the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they are based on legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:
they are based on legal regulations or provisions; or
the consumer has the right to terminate the agreement at the time the price increase takes effect.
The place of delivery is determined in accordance with Article 5, paragraph 1 of the VAT Act 1968 and is in the country where the transport begins. In this case, delivery takes place outside the EU. As a result, the postal or courier service will charge the recipient import VAT or customs duties. The entrepreneur will therefore not charge VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing at the time the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled improperly or contrary to the entrepreneur's instructions and/or on the packaging;
The defect is wholly or partly due to government regulations that have been or will be issued regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care in accepting and executing orders for products.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with reasonable speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation for any damages.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product is impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be indicated in a clear and comprehensible manner that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Continuous transactions: duration, termination and extension
Termination
The consumer can terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to compliance with the agreed termination rules and a notice period of no more than one month.
The consumer can terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified term, subject to compliance with the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
at any time and not be limited to termination at a specific time or within a specific period;
at least in the same way as they were concluded by him;
always terminate with the same notice period that the entrepreneur has set for himself.
Extension
A contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
By way of derogation from the previous paragraph, a contract concluded for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period not exceeding three months if the consumer can terminate this extended contract at the end of the extension with a notice period of not more than one month.
A contract concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time with a notice period of not more than one month and a notice period of not more than three months if the contract extends to the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines
A contract with a limited duration for the regular delivery of daily, news and weekly newspapers as well as magazines for trial purposes or as an introductory offer (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer can terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness speak against termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the stated or provided payment details.
In the event of late payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days of discovering the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to dispute resolution.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by UK law, even if the consumer resides abroad.