Terms of service
Terms of Service
OVERVIEW
This website is operated by Dragon Pulp Games, owned by Marc Söker. Throughout the site, the terms “we,” “us,” and “our” refer to Dragon Pulp Games, owned by Marc Söker. Dragon Pulp Games, owned by Marc Söker, offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
CONDITIONS FOR THE ONLINE STORE
These General Terms and Conditions (GTC) apply to all deliveries from “Dragon Pulp Games, owned by Marc Söker” to consumers.
By agreeing to these General Terms and Conditions, you confirm that you are at least of legal age in your country of residence or that you are of legal age in your country of residence and have given us your consent for your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) through the use of the Service.
GENERAL TERMS AND CONDITIONS
The purchase contract is concluded with Dragon Pulp Games, owned by Marc Söker, Kornblumenweg 2b, 85375 Neufahrn, Germany.
By clicking the [Place Order] button, you are making a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending an order confirmation email immediately after receiving your order.
The contract is subject to the condition that the ordered goods are actually available. If the goods are not available, we will notify the buyer electronically and, if desired, offer a different, comparable product for purchase.
We reserve the right to refuse service to any person at any time for any reason.
Payment is made via PayPal or credit card. The goods remain our property until full payment is received.
You acknowledge that your information (except for credit card information) may be transmitted unencrypted and (a) may be transmitted over various networks and (b) may be altered to meet and adapt to the technical requirements of connected networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service or any contacts on the website through which the Service is provided without our express written permission.
RIGHT OF WITHDRAWAL
If you are a consumer (i.e., a natural person who places an order for a purpose that cannot be attributed to either your commercial or self-employed professional activity), you have a right of withdrawal in accordance with legal provisions.
If you, as a consumer, exercise your right of withdrawal, you will be responsible for the regular costs of returning the goods.
Further details regarding the right of withdrawal are specified in the withdrawal information provided separately.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this site is not accurate, complete, or current. The material on this website is for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more current sources of information. Any reliance on the material on this website is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided solely for your reference. We reserve the right to modify the content on this website at any time, but we have no obligation to update any information on our website. You agree to be responsible for monitoring changes to our website.
SHIPPING, PRICES, AND SHIPPING COSTS
The prices listed on the product pages do not include VAT, in accordance with the small business regulation under § 19 UStG.
Delivery is made to the address specified by the customer.
In addition to the stated prices, we charge a shipping fee based on weight for deliveries within Germany. The shipping costs will be clearly communicated to you on the product pages, in the shopping cart system, and on the order page. The shipping costs are to be borne by the customer. For more information, see our shipping terms: Shipping Terms.
REFUSAL OF ACCEPTANCE OR NON-PICKUP
If the acceptance of the delivery is refused or if the shipment is not picked up from the post office, we will charge the postage and packaging costs for resending as an insured package, as well as a handling fee of €10. The resend will only occur after payment of these additional costs in advance (PayPal or bank transfer). The advance payment will expire after 6 months. This also applies to goods that were undeliverable due to incorrect address details provided by the customer.
CHANGES TO SERVICES AND PRICES
Prices for our products may be changed without prior notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) at any time without notice.
We are not liable to you or to third parties for any changes, price adjustments, suspensions, or discontinuations of the service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the website. These products or services may be limited in quantity and are subject to return or exchange only according to our return policies.
We have made efforts to accurately display the colors and images of our products that appear in the shop. We cannot guarantee that your computer monitor will accurately display every color.
We reserve the right, but are not obligated, to limit the sale of our products or services to certain individuals, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of products or services we offer. All product descriptions or prices are subject to change at any time without prior notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.
We do not guarantee that the quality of products, services, information, or other materials purchased or obtained by you will meet your expectations or that any errors in the service will be corrected.
WARRANTY
Legal warranty rights apply.
Please inspect the goods upon delivery for completeness, apparent defects, and transport damage, and notify us and the carrier of any complaints as soon as possible.
If a feature of the goods deviates from objective requirements, the deviation is only considered agreed upon if you were informed of it before submitting your contract declaration and the deviation was expressly and separately agreed upon between the parties.
In the case of defects, we will provide a warranty either by repair or replacement, at our discretion. If the remedy fails, you may request a reduction in price or withdraw from the contract. Remedy is considered to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances suggest otherwise. In the case of repair, we are not required to bear the increased costs resulting from transporting the goods to a location other than the place of performance, unless the transport is in line with the intended use of the goods.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account or credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that appear, in our sole discretion, to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For further details, please review our return policies.
ADDITIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without endorsement. We assume no responsibility for your use of additional third-party tools or any consequences thereof.
Any use of additional tools provided through the website is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the respective third-party providers.
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions.
THIRD-PARTY LINKS
Certain content, products, and services available through our service may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy and we do not warrant or assume any responsibility for materials or websites or for any other materials, products, or services of third parties.
We are not liable for any damages related to the purchase or use of goods, services, resources, content, or any other transactions related to third-party websites. Please review the third-party provider's policies and practices carefully and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain submissions (e.g., contest entries) or without a request from us, send creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, by mail, or otherwise (collectively referred to as “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any Comments you forward to us in any medium. We are and will be under no obligation to (1) treat Comments as confidential, (2) pay compensation for Comments, or (3) respond to Comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, obscene, or otherwise objectionable or as infringing on the intellectual property rights of any party or these Terms and Conditions.
You agree that your Comments will not infringe the rights of any third party, including copyright, trademark, privacy, or personal rights or other personal or proprietary rights. You further agree that your Comments will not contain defamatory, libelous, or otherwise unlawful, offensive, hateful, or obscene material or contain computer viruses or other malware that could affect the operation of the Services or any related website or application. You shall not use a false email address, impersonate any person or entity, or mislead us or others regarding the origin of Comments. You are solely responsible for your Comments and their accuracy. We are not responsible or liable for Comments posted by you or any third party.
PERSONAL DATA
The submission of personal data through the shop is subject to our Privacy Policy. Please read our Privacy Policy at: https://dragonpulpgames.com/datenschutz/
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, our website or our service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information related to the service or any associated website is inaccurate at any time and without prior notice (even after you have placed your order).
We undertake no obligation to update, amend, or clarify information related to the service or any associated website, including but not limited to pricing information, except as required by law. The date of any updates indicated in relation to the service or any associated website should not be construed as an indication that all information related to the service or any associated website has been changed or updated.
PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the website or its content:
(a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the service, any associated website, other websites, or the internet in any way; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service, any associated website, other websites, or the internet.
We reserve the right to terminate your use of the service or any associated website if you violate any of these prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, guarantee, or assume any responsibility that the use of our service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may, from time to time, remove the service for an indefinite period or cancel it at any time without notice to you.
You expressly agree that your use of the service, or inability to use the service, is at your sole risk. The service and all products and services provided to you through the service (unless expressly stated by us) are provided to you “as is” and “as available,” without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement of third-party rights.
In no case shall Dragon Pulp Games, Marc Söker, our directors, officers, employees, subsidiaries, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages, whether based in contract, tort (including negligence) or strict liability, arising out of or in any way connected with the use of the service or products obtained through the service, or for any other claims related in any way to the use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or products) posted, transmitted, or otherwise made available through the service, even if advised of their possibility.
Since some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Dragon Pulp Games, Marc Söker, and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claims or demands, including reasonable attorney's fees, made by third parties due to or arising out of your violation of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, with such determination not affecting the validity and enforceability of the remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions remain in effect until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services or by ceasing to use our website.
If you fail to comply with any term or provision of these Terms and Conditions, or if we suspect that you have done so, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date, and/or we may deny you access to our services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, along with any policies or operating rules we post on this website or in relation to the service, constitute the entire agreement and understanding between you and us regarding your use of the service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including but not limited to prior versions of the Terms and Conditions).
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
GOVERNING LAW, PLACE OF PERFORMANCE, JURISDICTION
German law applies. For consumers, this choice of law only applies as long as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the consumer's habitual residence.
The place of performance for all services under our business relationships and the jurisdiction is our place of business, provided that you are not a consumer but a merchant, a legal entity under public law, or a public-law special fund. The same applies if you do not have a general jurisdiction in Germany or the EU, or if your residence or habitual place of abode is not known at the time of filing the claim. The right to invoke a court at another statutory place of jurisdiction remains unaffected.
The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) explicitly do not apply.
DISPUTE RESOLUTION
The European Commission has established an online platform for the resolution of disputes. The platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase contracts. Further information is available at: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
CHANGES TO THE TERMS AND CONDITIONS
The most current version of these Terms and Conditions can be viewed at any time on this page.
We reserve the right to update, change, or replace any part of these Terms and Conditions at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about these Terms and Conditions should be sent to us at: kontakt@dragonpulpgames.com.