Terms of service
I. General terms and conditions
§ 1 Scope
(1) These general terms and conditions apply to contracts you conclude with us, eQuatorial GmbH, through www.drakensberg.de. Your own terms and conditions shall not form part of the contract unless we expressly agree to their application.
(2) A consumer is a natural person entering into a legal transaction for purposes predominantly outside their trade, business or profession. A business customer is a natural or legal person, or a partnership with legal capacity, acting in the course of their trade, business or profession when entering into the transaction.
§ 2 Accessibility
(1) Information on the accessibility of our online shop, the applicable requirements and their implementation is available in the separate accessibility information on our website. If you encounter an accessibility barrier, you can contact us at shop@drakensberg.de or by telephone on +49 6347 6060030.
(2) The competent market surveillance authority is the Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen, Anstalt öffentlichen Rechts (MLBF AöR), Carl-Miller-Straße 6, 39112 Magdeburg, Germany. Telephone: +49 391 289 230 23; email: kontakt@mlbf-barrierefrei.de; website: MLBF.
§ 3 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) By publishing a product in our online shop, we make you a binding offer to conclude a purchase contract on the terms stated in the product description.
(3) Place the goods you wish to buy in your basket, where you can change your selection at any time. Proceed to checkout and enter your personal details and your shipping and payment choices. An order summary is displayed before submission. If you use an instant payment system, you may be redirected to the payment provider; the order summary is displayed there or after you return to our shop. Before submitting the order, you can review and correct your details or cancel the process. By activating the final order button, which clearly indicates an obligation to pay, you legally accept our offer and the contract is formed.
(4) Requests for an individual quotation are non-binding for you. We will send you a binding offer in text form, for example by email. You may accept it within five days unless the offer specifies a different period.
(5) Order processing and delivery of the required contract information take place partly automatically by email. Please provide a correct email address and ensure that you can receive our messages and that spam filters do not block them.
§ 4 Personalised goods
Personalisation is available only by prior individual agreement. The following provisions apply where such a service has been agreed.
(1) For personalised goods, you must provide the necessary information, text or files through the order system or by email. Any file format requirements must be observed.
(2) You must not submit content that infringes third-party rights, particularly copyright, rights to a name or trade mark rights, or that violates applicable law. If you are responsible for a breach of this obligation, you are liable for damage we incur as a result of justified third-party claims.
(3) Please check the content for accuracy before submitting it. We do not check the accuracy of the content supplied.
§ 5 Payment services
(1) Available payment methods are displayed during checkout. The separately disclosed terms of the relevant provider apply to the payment service. Your statutory rights under the purchase contract remain unaffected.
(2) We use Shopify Payments for the card, wallet and local payment methods offered at checkout. Klarna is available through Shopify checkout. The methods available to you depend in particular on your country, currency and the payment provider’s requirements. Invoice, instalment or deferred payment may involve a credit check. The terms displayed before completion of the payment process apply.
(3) If you choose PayPal, payments are processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. Further information is available in the PayPal legal terms.
§ 6 Right of retention and retention of title
(1) You may exercise a right of retention to the extent that it is based on claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) The following also applies to business customers:
a) We retain title until all claims arising from the ongoing business relationship have been settled in full. Goods subject to retention of title must not be pledged or transferred as security before that time.
b) You may resell the goods in the ordinary course of business. You hereby assign to us the resulting receivables up to the invoice amount, and we accept the assignment. You remain authorised to collect them. If you fail to meet your payment obligations properly, we may collect the receivables ourselves.
c) If goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in proportion to their invoice value relative to the value of the other items at the time of processing.
d) At your request, we will release security of our choice to the extent that its realisable value exceeds the secured claims by more than 10%.
§ 7 Statutory rights in the event of defects
(1) Statutory rights in the event of defects apply.
(2) If you are a consumer, please check the goods on delivery for completeness, obvious defects and damage in transit, and notify us and the carrier of any issues as soon as reasonably possible. Failure to do so does not affect your statutory rights.
(3) A deviation from the objective requirements for goods is only agreed with a consumer if we specifically informed you of it before you made your contractual declaration and the deviation was expressly and separately agreed.
(4) For business customers, the following rules apply instead:
a) The agreed quality of the goods is determined by our own statements and the manufacturer’s product description, but not by other advertising, public promotions or statements by the manufacturer.
b) In the event of defects, we will repair or replace the goods at our choice. If this remedy fails, you may choose a price reduction or withdrawal from the contract. Repair is deemed to have failed after two unsuccessful attempts unless the nature of the goods, the defect or other circumstances indicate otherwise. We do not bear increased repair costs caused by moving the goods away from the place of performance, unless that move is consistent with their intended use.
c) The limitation period for defect claims is one year from delivery. This reduction does not apply to culpably caused injury to life, limb or health attributable to us; other damage caused intentionally or by gross negligence; fraudulently concealed defects or an express guarantee of quality; goods normally used in a building that caused a defect in that building; or statutory recourse claims.
§ 8 Two-year manufacturer’s guarantee
1. Guarantor, goods and scope
The guarantor is eQuatorial GmbH, Obere Hauptstraße 264, 67363 Lustadt, Germany, email: shop@drakensberg.de, telephone: +49 6347 6060030.
We provide consumers with a free two-year manufacturer’s guarantee for new DRAKENSBERG bags, backpacks and accessories purchased through any sales channel. B-grade goods and samples are excluded from this additional guarantee; statutory defect rights remain unaffected for those goods too. The guarantee applies worldwide and covers defects in materials and workmanship that arise during the guarantee period under intended use.
2. Start and duration
The guarantee lasts for two years from delivery of the goods to you (receipt). The defect must arise within this period. Please report it promptly so that we can assess it. A late report alone does not extinguish a claim that arose during the guarantee period. Statutory limitation and suspension rules remain unaffected.
3. Your statutory rights
This guarantee is additional to your statutory rights. If the goods are defective, you have statutory remedies against the seller free of charge. These rights are not restricted by this guarantee and may be exercised independently of it.
4. Remedies under the guarantee
For a defect covered by the guarantee, you may request repair or replacement free of charge. Statutory rules on the proportionality of the chosen remedy apply accordingly. We will provide the remedy within a reasonable time and without significant inconvenience to you. If neither repair nor replacement is possible, your statutory claims remain unaffected.
We bear the necessary costs of handling the guarantee claim, including transport, labour and materials. Any paid repair outside the guarantee requires a separate agreement with you.
5. What the guarantee does not cover
The guarantee does not cover normal wear and tear or damage caused by misuse, overloading, accidents, unsuitable care or external influences. Alterations resulting from third-party repair or modification are excluded only to the extent that they caused the defect claimed.
Natural variations in the colour or texture of leather or canvas and a patina arising from use do not, by themselves, constitute defects in materials or workmanship. This does not apply where an agreed quality is missing, the item’s fitness for use is impaired or statutory defect rights apply.
6. How to make a claim
Contact us using the details above and describe the defect. An order number, invoice or other suitable evidence is sufficient proof of purchase. Photographs can help with the assessment but are not mandatory. Product registration and the original packaging are not required.
Please coordinate any return with us so that we can provide the correct return address and a free shipping option. This coordination is not a condition of your statutory rights. Statutory extensions or restarts of time limits, particularly following repair or replacement, remain unaffected. More favourable mandatory consumer protection provisions of your country of habitual residence continue to apply.
You will receive these guarantee terms on a durable medium, for example by email, no later than delivery.
§ 9 Applicable law, place of performance and jurisdiction
(1) German law applies. If you are a consumer, this choice must not deprive you of the protection of mandatory provisions of the law of your country of habitual residence.
(2) If you are a merchant within the meaning of German commercial law, a legal entity under public law or a special fund under public law, our registered office is the place of performance and jurisdiction. Any further jurisdiction agreements apply only to the extent permitted by law. Mandatory consumer jurisdiction rules remain unaffected. We may also bring proceedings before another court with statutory jurisdiction.
(3) The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
II. Customer information
1. Seller
eQuatorial GmbH
Obere Hauptstraße 264
67363 Lustadt
Germany
Telephone: +49 6347 6060030
E-Mail: shop@drakensberg.de
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
2. Information on contract formation
The technical steps, the point at which the contract is formed and the options for correcting entries are described in § 3 of these terms.
3. Contract language and storage
3.1. The contract language is German. The English and French versions are provided for information. Mandatory statutory language and information requirements remain unaffected.
3.2. Before submitting your order, you can print or electronically save the displayed contract details and these terms using your browser’s print function. Please retain any order and contract documents sent to you. For questions about an order, contact shop@drakensberg.de.
3.3. For individual offers outside the basket system, you receive the contract details with our binding offer in text form, for example by email. You can print or save them electronically.
4. Codes of conduct
We have undertaken to comply with the Käufersiegel quality criteria of Händlerbund Management AG. The Käufersiegel certification criteria are available online.
5. Essential product characteristics
The essential characteristics of the goods are set out in the relevant product description.
6. Prices and payment terms
6.1. The stated prices and shipping charges are total prices inclusive of applicable taxes.
6.2. Shipping charges are payable in addition unless free shipping has been promised. They are shown on the shipping and payment page or in the offer, and before you place your order.
6.3. Deliveries outside the European Union may incur additional import duties, taxes or fees unless these are expressly stated to be included or borne by us. The information displayed for the destination country before the contract is concluded applies. An express promise that duties and taxes are included remains binding.
6.4. Your bank may charge transfer or currency conversion fees even for delivery to an EU country if payment is initiated outside the EU. You bear such fees charged by your payment provider.
6.5. Available payment methods are displayed in the shop and during checkout.
6.6. Unless the selected payment method states otherwise, the purchase price is due when the contract is concluded.
7. Delivery
7.1. Delivery terms, delivery times and any restrictions are stated in the offer or on the shipping and payment page.
7.2. For consumers, the risk of accidental loss or deterioration generally passes only when the goods are handed over, regardless of whether the shipment is insured. A statutory exception applies if you independently commission a carrier or another person to ship the goods whom we have not named.
7.3. For business customers, delivery and shipment are at their risk.
8. Defect rights, guarantee and withdrawal
Statutory defect rights are governed by § 7 and the additional manufacturer’s guarantee by § 8 of these terms. Information on your statutory right of withdrawal, how to exercise it and the model withdrawal form is provided in our separate withdrawal notice.