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Terms of service

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (eQuatorial GmbH) via the website www.drakensberg.de. Unless otherwise agreed, the incorporation of any terms and conditions of your own is rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity. A business customer is any natural or legal person or partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 Accessibility

(1) In accordance with Section 14(1), point 2, in conjunction with Annex 3, point 1, of the German Accessibility Strengthening Act (BFSG), we provide information on how our website or our e-commerce service meets the accessibility requirements of the relevant ordinance (BFSGV). This information can be accessed via a separate, appropriately labelled button (e.g. "Accessibility statement" or a similar designation) on our website and covers, in particular, the following points:

  • a description of the applicable accessibility requirements;
  • a general description of the service in an accessible format;
  • descriptions and explanations necessary to understand how the service is provided;
  • a description of how the service meets the relevant accessibility requirements.

(2) The contact details of the competent market surveillance authority are as follows:

Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen - Anstalt öffentlichen Rechts (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Telephone: +49 391 567 6970
Email: kontakt@mlbf-barrierefrei.de

(3) We may use artificial intelligence (AI) and specialised tools to implement the accessibility requirements on our website. This is intended to take account of a wide range of possible disabilities, including visual, auditory, physical, speech, cognitive and neurological impairments. Further details can be found via the separate, appropriately labelled button on our website referred to in paragraph 1.

(4) Our website or our e-commerce service is accessible if people with disabilities can find, access and use it in the generally customary manner, without particular difficulty and, in principle, without assistance from others.

(5) Measures to implement the accessibility requirements include, for example, clearly legible font sizes and sufficient colour contrast, navigation using a mouse and keyboard, alternative text for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, and adjustable display options for different devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods.

(2) By placing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system on the terms specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods you intend to purchase are placed in the "Shopping cart". You can access the "Shopping cart" via the corresponding button in the navigation bar and make changes there at any time.

After clicking the "Checkout" or "Proceed to order" button (or a similarly labelled button) and entering your personal details and the payment and shipping terms, you will finally be shown the order details in an order summary.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the instant payment system provider.

If you are redirected to the relevant instant payment system, make the appropriate selection or enter your details there. Finally, the order details will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to review and change the details in the order summary (including by using your browser's "Back" function) or to cancel the order.

By submitting the order using the corresponding button ("Order with obligation to pay", "Buy" / "Buy now", "Place paid order", "Pay" / "Pay now" or a similar designation), you declare your legally binding acceptance of the offer, thereby concluding the contract.

(4) Your requests for a quotation are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), which you may accept within 5 days (unless a different period is specified in the respective offer).

(5) Order processing and the transmission of all information required in connection with the conclusion of the contract take place by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically assured and, in particular, that it is not prevented by spam filters.

§ 4 Customised goods

(1) You provide us with the suitable information, texts or files required for the individual customisation of the goods via the online ordering system or by email. Any specifications we provide regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to names or trademark rights) or violates existing laws.

If you breach this obligation, you will be liable to us for any damage we incur in this connection as a result of justified claims asserted against us by third parties. This does not apply if you are not responsible for the infringement.

(3) You are obliged to check the data for accuracy of content before transmission. We do not check the data transmitted.

§ 5 Special agreements on the payment methods offered

(1) Payment via "PayPal" / "PayPal Checkout"

If you select a payment method offered via "PayPal" / "PayPal Checkout", payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods available via "PayPal" are displayed under an appropriately labelled button on our website and during the online ordering process. "PayPal" may use other payment services to process payments; where special payment terms apply, you will be informed of these separately. Further information about "PayPal" is available at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Stripe"

If you select a payment method offered via "Stripe", payment is processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods available via "Stripe" are displayed under an appropriately labelled button on our website and during the online ordering process. "Stripe" may use other payment services to process payments; where special payment terms apply, you will be informed of these separately. Further information about "Stripe" is available at https://stripe.com/de.

§ 6 Right of retention, retention of title

(1) You may exercise a right of retention only in respect of claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are a business customer, the following also applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title passes to you, pledging them or transferring them as security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice, and we accept the assignment. You remain authorised to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title relative to the other items processed at the time of processing.

d) At your request, we undertake to release the security to which we are entitled to the extent that its realisable value exceeds the claim to be secured by more than 10%. We are responsible for selecting the security to be released.

§ 7 Statutory warranty

(1) The statutory rights relating to liability for defects apply.

(2) As a consumer, you are requested to check the goods promptly upon delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty rights.

(3) Where a characteristic of the goods deviates from the objective requirements, the deviation is deemed to have been agreed only if we informed you of it before you made your contractual declaration and the deviation was expressly and separately agreed between the parties to the contract.

(4) If you are a business customer, the following applies in derogation from the warranty provisions above:

a) Only our own specifications and the manufacturer's product description are deemed to constitute the agreed quality of the goods, excluding other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we will, at our discretion, remedy the defect or supply replacement goods. If rectification fails, you may, at your discretion, demand a price reduction or withdraw from the contract. Rectification is deemed to have failed after an unsuccessful second attempt unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the event of repair, we are not obliged to bear the increased costs resulting from the goods being moved to a location other than the place of performance unless such movement corresponds to their intended use.

c) The warranty period is one year from delivery of the goods. This reduction of the period does not apply:

  • to damage resulting from injury to life, limb or health culpably caused and attributable to us, or to other damage caused intentionally or through gross negligence;
  • where we have fraudulently concealed the defect or given a guarantee as to the quality of the item;
  • to items that have been used for a building in accordance with their customary use and have caused its defectiveness;
  • to statutory rights of recourse that you have against us in connection with rights relating to defects.

§ 8 Choice of law, place of performance, jurisdiction

(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of the more favourable provision).

(2) Our registered office is the place of performance for all services arising from our business relationships with you and the place of jurisdiction, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time proceedings are brought. The right to bring proceedings before a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

II. Customer information

1. Identity of the seller

eQuatorial GmbH
Obere Hauptstraße 264
67363 Lustadt
Germany
Telephone: +4963476060030
Email: shop@drakensberg.de

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration bodies.

2. Information on the conclusion of the contract

The technical steps leading to the conclusion of the contract, the conclusion itself and the options for making corrections are governed by the "Conclusion of the contract" provisions of our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The language of the contract is German.

3.2. We do not store the full text of the contract. Before submitting an order via the online shopping cart system, you can print the contract details using your browser's print function or save them electronically. After we receive the order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For quotation requests made outside the online shopping cart system, you will receive all contract details as part of a binding offer in text form, e.g. by email, which you can print or save electronically.

4. Codes of conduct

4.1. We have committed to complying with the Käufersiegel quality criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment arrangements

6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

6.2. Any shipping costs incurred are not included in the purchase price. They can be viewed via an appropriately labelled button on our website or in the respective offer, are shown separately during the ordering process and must be paid by you in addition, unless free delivery has been promised.

6.3. If goods are delivered to countries outside the European Union, additional costs beyond our responsibility may arise, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which you must bear.

6.4. You must bear any money transfer costs incurred (bank transfer or exchange rate fees charged by financial institutions) where delivery is made to an EU Member State but payment was initiated from outside the European Union.

6.5. The payment methods available to you are displayed under an appropriately labelled button on our website or in the respective offer.

6.6. Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

7. Delivery terms

7.1. The delivery terms, delivery date and any applicable delivery restrictions can be found under an appropriately labelled button on our website or in the respective offer.

7.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the goods sold during shipping passes to you only when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commissioned a carrier not designated by the business or another person designated to carry out the shipment.

If you are a business customer, delivery and shipping are at your risk.

8. Statutory liability for defects

Liability for defects is governed by the "Statutory warranty" provision of our General Terms and Conditions (Part I).

These General Terms and Conditions and Customer Information were prepared by the lawyers at Händlerbund who specialise in IT law and are continually checked for compliance with the law. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of formal cease-and-desist warnings. Further information is available at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.