The following general terms and conditions shall apply for all contracts, deliveries and other services. Any rules or regulations of contract parties inconsistent with these conditions are hereby expressly rejected. All subsidiary agreements require written confirmation from us. At all times, DragonColour shall have the right, with reasonable notice, to change or amend these general terms and conditions, including any and all appendices. Orders arriving before such a change would be processed according to the previous general terms and conditions valid at the time of the order.
2. Conclusion of the contract
Our offers are non-binding. The presentation of our products on the website is not a legally binding offer, but rather a non-binding online catalogue. The contract comes into being when we send the ordered items to you. With your order, you send us a binding offer to enter into the contract with you. In shipping the order, we accept your offer to conclude the contract. Thus, an order from our online shop results in a contract between you and the following partner:
3. Prices and payment
a) The agreed price is understood to be from stock. Shipment shall be made through a delivery agent of our choice in the customary packaging. The cost of special packaging, if required, shall be borne by the buyer.
b) Payment shall be due no later than upon delivery of the order. Discounts, rebates, etc. require a specific written agreement.
c) The agreed prices are understood to include the statutory value-added tax, currently set at 19%.
4. Conditional sale proviso
All our deliveries are subject to the terms of conditional sale for an unlimited period.
Until full payment is made, the products remain the property of DragonColour.
Claims of the buyer due to defects in the delivered products are subject to the statutory regulations and time limits. DragonColour guarantees that the products sold are free of material and manufacturing defects at the time of the transfer of risk, and that they have the contractually warranted characteristics. Upon delivery, the buyer must inspect the products without delay for defects and quality. In case of evident or hidden defects, these must be reported to us in writing immediately upon discovery. Otherwise, the warranty for these defects shall become inapplicable. The warranty becomes inapplicable if the buyer changes the product himself or handles the product improperly. During the warranty period, DragonColour has the right to offer reasonable cost-free rectification of defects. Partial or full replacement of an article is allowed.
6. Referrals and links
Liability for damages resulting from direct or indirect referrals to other websites (hyperlinks) which lie outside the responsibility of the author shall apply only if the author had knowledge of the contents and if it was technically possible and reasonable to expect the author to prevent the use of illegal contents.
The author declares expressly that, at the time of setting up a link, there were no recognizable illegal contents on the linked web page. The author has no influence over the current or future construction, contents or authorship of the linked pages. Therefore, he expressly dissociates himself from any contents on linked pages which were changed after the link was set up. This statement applies for all referrals and links within the author’s internet website, as well as any outside contributions to guest books, discussion forums, lists of links, mailing lists, and all other forms of data banks set up by the author which are subject to external access. Liability for illegal, faulty or incomplete contents and particularly for damages resulting from the use or non-use of such information lies exclusively with the author of the linked page, and not with the website which merely offers a link to the said page.
7. Copyright and trade mark laws
In cases of name registration or domain conflicts, or for warnings, e.g. regarding the Distance Selling Directive, we ask that you please contact us first, in order to avoid unnecessary litigation and associated costs. Attorney’s costs for legal warnings without preliminary efforts to contact us will be rejected without explanation out of the obligation for the mitigation of damages.
The author makes every effort to respect copyrights on all images, graphics, sound documents, video sequences and texts, to use images, graphics, sound documents, video sequences and texts created by himself, or to use public domain images, graphics, sound documents, video sequences and texts. All brands and trade marks mentioned in this website, including any registered by third parties, are unconditionally subject to the provisions of the respective trade mark laws and the property rights of the respective registered owners. The mere mention of a brand name is not to be construed as evidence that the name is not protected by the rights of a third party! The copyright for objects created by the author and published in this website remain exclusively with the author. Reproduction or use of these graphics, sound documents, video sequences or texts in other electronic or printed publications without the express permission of the author is prohibited.
8. Place of fulfillment and legal venue
Place of fulfillment and legal venue for both contract parties is the headquarters of DragonColour. The statutes of Germany apply exclusively.
9. Alterations and subsididary agreements
Amendations, alterations and subsidiary agreements are valid only in written form. The same applies for a waiver of this written form requirement.
10. Right of revocation and consequences
The buyer can revoke his contractual statement within two weeks without explanation, by written means (e.g. letter or email) or by returning the order. The revocation period begins no earlier than with the delivery of the order with the enclosed written notification. For compliance with the time limit the date on which the revocation or the returned order is sent shall apply.
The revocation is to be sent to:
11. Legal effect of this liability disclaimer
This disclaimer of liability is to be understood as a part of the internet website which refers to this page. If any portion of this text or any individual formulation herein does not conform, or no longer conforms, or only incompletely conforms to current legal practise, the other portions of the text shall remain unaffected as to their content and validity.