General terms and conditions for dragonboat.online

1. General

(1) These general terms and conditions (hereinafter: GTC) apply to all contracts concluded between us, dragonboat.online – via the online shop www.dragonboat.online (hereinafter “online shop”) , and the orderers/buyers – hereinafter referred to as customers – if they are consumers within the meaning of Section 13 of the German Civil Code. The version of the General Terms and Conditions valid at the time the contract is concluded is decisive. (2) Terms and conditions of the customer/buyer or an agent that deviate from and/or supplement these GTC are non-binding for dragonboat.online and do not bind dragonboat.online even if dragonboat.online does not expressly object to them.

2. Conclusion of contract

(1) The offers in the online shop are non-binding. 
(2) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking on the "Buy" / "Order with obligation to pay" button, you place a binding order for the goods contained in the shopping cart. The receipt of your order is confirmed together with the acceptance of the order immediately after it has been sent by automated e-mail. With this e-mail confirmation, the purchase contract has come about. 
(3) Only the English or the German language is available for the conclusion of the contract. 
(4) When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or an adult authorized by him is allowed to accept the goods. 
(5) We save the text of the contract and send you the order data by e-mail. You can view the terms and conditions at any time at https://www.dragonboat.online/terms-of-service/.
(6) You have the right to revoke a contract concluded via our online shop within fourteen days without giving reasons. You can find details on this below under the item "Right of Withdrawal". 
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

3. Customer Account

(1) For each customer who registers accordingly, we set up password-protected direct access to their customer data (customer account) stored by us. Here you can view data about your completed, open and recently sent orders and manage your address data, bank details and the newsletter. 
(2) You undertake to treat your personal access data confidentially and not to make it accessible to unauthorized third parties. We cannot accept liability for misused passwords. 
(3) Of course you can also use our offers as a guest and place orders. To do this, please use the checkbox “do not create a customer account”. Registration is then not required. The benefits described in paragraph 1 are then not available to you.

4. Delivery and Prices

(1) The prices quoted are gross prices and include the applicable statutory value added tax. The prices stated at the time of the order apply. 
(2) Deliveries are made to selected countries. We provide shipping costs of your delivery in the cart view and during the checkout process. 
(3) If the product is not available, dragonboat.online offers the customer an alternative product. In the case of a higher value product, the price of the originally ordered goods remains the same. The customer has the option to refuse the alternative product upon collection or delivery in acceptance. 
(4) If you order several items in the context of an order, for which different delivery times apply, we will send the goods (unless otherwise agreed) in a joint shipment. In this case, the delivery time that applies to the item in your order with the longest delivery time applies to your order.

5. Warranty and Guarantee

(1) dragonboat.online is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. 
(2) The assumption of additional guarantees is only binding to the extent that dragonboat.online has specifically confirmed this to the customer/buyer in writing.

6. Liability

(1) Claims for damages by the customer/buyer from contractual or other liability are excluded. Excluded from this are claims for damages by the customer/buyer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by dragonboat.online, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. 
(2) In the event of a simple negligent breach of essential contractual obligations, dragonboat.online shall only be liable for the foreseeable damage typical of the contract, unless the customer claims for damages resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of dragonboat.online if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.

7. Payment

(1) Payment for the goods to be delivered is due without any deductions when the order is sent. Payment is made by credit card or PayPal. 
(2) If the customer/buyer is in default of payment, he must pay dragonboat.online default interest of 5 percentage points above the base interest rate. 
(3) dragonboat.online charges expenses in the amount of EUR 5.00 each for the 2nd and each additional reminder. 
(4) After an unsuccessful reminder, dragonboat.online will commission a debt collection company to collect the claim and, if necessary, also seek legal help. The not inconsiderable costs of the debt collection company are also borne by the customer/buyer, as are the costs of legal proceedings. We reserve the right to assert further damage caused by default in payment. 
(5) dragonboat.online expressly reserves the right to adjust the selection of payment methods to customer behavior at any time. 

8. Protection of minors

(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age. Existing age restrictions are indicated in the respective item description. 
(2) By submitting your order, you assure that you have reached the legally prescribed minimum age and that your details regarding your name and address are correct. You are obliged to ensure that the delivery is only accepted by persons who have reached the legally prescribed minimum age. 
(3) Insofar as we state in the respective article description that you must be over the age of 18 to purchase the goods, the above paragraphs 1 and 2 apply with the proviso that you are of legal age instead of the legally prescribed minimum age got to.

9. Retention of Title

(1) dragonboat.online retains title to the goods it has delivered (reserved goods) until the purchase price for these goods has been paid in full. 
(2) The retention of title is subject to the condition subsequent that ownership of the goods subject to retention of title is transferred from dragonboat.online to the customer/buyer without further ado after the buyer/customer has paid the full purchase price.

10. Final Provisions, Applicable Law

(1) The place of performance for the delivery is the shipping address of the customer; upon collection, the address of the designated dragonboat.online branch. 
(2) The law of the Federal Republic of Germany applies. 
(3) The invalidity of individual provisions of these terms and conditions or of the purchase contract concluded with the orderer/buyer does not affect the validity of the remaining provisions. 
(4) The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not willing to participate in dispute settlement procedures before consumer arbitration boards.

Right of Withdrawal

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods, provided that you ordered one or more goods as part of a single order and this is or will be delivered uniformly; - on which you or a third party named by you, who is not the carrier, took possession of the last goods, if you ordered several goods as part of a single order and these are delivered separately; - on which you or a third party named by you, who is not the carrier, took possession of the last partial consignment or the last piece, if you have ordered goods that are delivered in several partial consignments or pieces; In order to exercise your right of withdrawal, you must contact us (dragonboat.online, c/o Alexander Bachmann, Papendamm 19, 20146 Hamburg, Germany, e-mail address: info@dragonboat.online). a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired. Consequences of the revocation If you revoke this contract, we have all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you use a different type of delivery than the one offered by us, have chosen the cheapest standard delivery) immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Reasons for exclusion or expiration

The right of withdrawal does not apply to contracts
  • for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer; 
  • for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded; 
  • for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence; 
  • for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts. The right of withdrawal expires prematurely for contracts 
  • for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery; 
  • for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature; - for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery.

Sample withdrawal form

(If you want to revoke the contract, please fill out this form and send it back.)
  • To dragonboat.online, c/o Alexander Bachmann, Papendamm 19, 20146 Hamburg, Germany, email address: info@dragonboat.online
  • I/ we (*) hereby revoke the contract concluded by me/ us (*) for the purchase of the following goods (*)/ the provision of the following service (*) 
  • Ordered on (*)/ received on (*)
  •  Name of consumer(s) 
  • Address of the consumer(s) 
  • Signature of the consumer(s) (only if notification is made on paper) 
  • Date (*) Delete where not applicable. sample 
  • Withdrawal form as PDF download
Status: June 27, 2022 dragonboat.online Papendamm 19, 20146 Hamburg Germany
Legal representative: Alexander Bachmann