Termini e condizioni del servizio
Last updated: September 13, 2025
These Terms and Conditions ("Terms") govern your use of the website www.drakcards.com ("Site"), operated by DrakCards, a German-based business specializing in Pokémon-related products, including graded cards, plush toys, figures, books, games, card accessories, and binders. By accessing or using our Site, placing orders, or engaging with our services, you agree to these Terms. If you do not agree, do not use the Site.
These Terms comply with German law, including the German Civil Code (Bürgerliches Gesetzbuch – BGB), EU regulations such as the Consumer Rights Directive (2011/83/EU), and applicable international laws for users outside the EU/EEA. We reserve the right to update these Terms; changes will be posted on the Site with the updated date. Continued use after changes constitutes acceptance.
1. General Provisions
1.1 Business Information
DrakCards operates from Germany. Contact:
- Email: info@drakcards.com
- Phone/WhatsApp: +49 176 32949109
- Address: Pedro Cunha, Postnummer: 1048551885, Packstation 174, 47804 Krefeld
1.2 Scope
These Terms apply to all transactions, interactions, and use of the Site for purchasing Pokémon products, including official merchandise and custom-designed items (e.g., binders, accessories).
1.3 Eligibility
You must be at least 18 years old or have verifiable parental consent to make purchases. By placing an order, you confirm you meet this requirement.
1.4 Contract Language
The contract language is English. German translations are available upon request for EU customers.
2. Ordering and Contract Formation
2.1 Product Offerings
We sell Pokémon-related products, including graded cards, plush toys, figures, books, games (Fonsola and retro), card accessories, and binders. All products are guaranteed authentic. Custom-designed items are also offered, protected by our copyright.
2.2 Order Process
- Browse and select products on the Site.
- Add to cart and proceed to checkout via Shopify.
- Provide accurate billing and shipping information.
- Choose payment method (PayPal, credit/debit card, bank transfer, or other Shopify-supported methods).
- Orders are confirmed automatically via email upon payment.
A binding contract is formed when we send the order confirmation email. We reserve the right to reject orders (e.g., suspected fraud, stock issues).
2.3 Prices and Taxes
- Prices are in EUR (€), with automatic conversion to major global currencies via Shopify’s converter.
- As a small business under § 19 UStG (German VAT Act), we do not charge VAT. Invoices include: "Gemäß § 19 UStG wird keine Umsatzsteuer berechnet."
- International customers are responsible for customs duties and taxes.
2.4 Out-of-Stock Policy
If a product is unavailable post-payment, you may choose:
- Full refund (processed within 1–5 days, depending on payment method).
- Voucher for future purchases.
- Exchange for another product of equal value.
3. Payment Terms
3.1 Payment Methods
We accept Shopify-supported methods, including PayPal, credit/debit cards, and bank transfers. Cash on delivery is not available. All payments must be prepaid via the Site or authorized platforms.
3.2 Payment Processing
Payments are securely processed via Shopify or third-party providers. We do not store full payment card details. Invoices are issued automatically or manually via Shopify, including the Steuernummer and VAT exemption note (or VAT details when applicable).
3.3 Currency
Payments are processed in EUR, with automatic conversion to your chosen currency at checkout. Conversion rates are determined by Shopify’s current converter.
4. Shipping and Delivery
4.1 Shipping Destinations
We ship worldwide, except to Russia.
4.2 Delivery Times
- Germany: 1–3 business days.
- EU: 5–15 business days.
- International: 15–25 business days (estimated; subject to customs delays).
4.3 Carriers
We primarily use DHL, with options for FedEx or other carriers as needed. Tracking numbers are provided for all shipments.
4.4 Customs and Duties
International customers are responsible for all customs duties, taxes, and fees. These are not included in the product or shipping price.
4.5 Shipping Insurance
All orders are insured for damage, loss, or theft during transit. If an issue occurs, contact us with photos of the damage/order for review. Refunds are issued after insurance clearance.
4.6 Liability
We are responsible for products until delivery to you or your designated third party (not the carrier). Once delivered, liability transfers to you. If you resell or damage the product post-delivery, we are not responsible.
5. Right of Withdrawal (EU/EEA Customers)
5.1 14-Day Withdrawal Right
Under EU Consumer Rights Directive (2011/83/EU) and § 355 BGB, you may withdraw from the contract within 14 days without giving a reason. The withdrawal period begins the day you (or your designated third party, not the carrier) receive the order.
5.2 Withdrawal Process
To exercise this right:
- Notify us within 14 days via:
- Email: info@drakcards.com
- Phone/WhatsApp: +49 176 32949109
- Website contact form.
- Include your name, order number, and intent to withdraw.
- Return the product(s) in original condition within 14 days of notification to: [Insert return address once available].
5.3 Refund Conditions
- Products must be unused, unaltered, and in original packaging.
- Sealed products (e.g., booster packs, display boxes) must remain sealed.
- Non-returnable items: Opened blind packs, products with removed labels/seals, or custom items altered by you.
- Refunds (excluding shipping costs) are processed within 1–5 days of receiving the return, depending on the payment method.
5.4 Return Shipping Costs
- Customer pays return shipping for withdrawals due to preference.
- We cover return shipping if the product is damaged, defective, or incorrectly delivered, verified upon receipt.
6. Returns and Refunds (General)
6.1 Return Policy
Returns are accepted within 14 days of delivery if:
- The product is in original condition, unused, and unaltered.
- Sealed products remain sealed.
- You contact us via the Site, email, or WhatsApp to initiate the return.
6.2 Damaged/Lost Orders
If an order is damaged or lost:
- Contact us with photos of the damage/order as received.
- We review and issue a full or partial refund after insurance clearance (1–5 days).
6.3 Refund Processing
Refunds are issued to the original payment method within 1–5 days of receiving the return, depending on the method.
6.4 Non-Returnable Items
No returns for:
- Opened blind packs, booster packs, or display boxes.
- Products with removed labels or seals.
- Custom-designed items altered by you.
7. Intellectual Property
7.1 Official Products
We sell authentic Pokémon products as a reseller, not officially affiliated with The Pokémon Company or Nintendo (unless later recognized).
7.2 Custom Designs
Custom-designed items (e.g., binders, accessories) are our intellectual property. Unauthorized reproduction, distribution, or use is prohibited. © DrakCards 2025.
7.3 Third-Party IP
All Pokémon-related trademarks and copyrights belong to their respective owners. We respect third-party intellectual property rights.
8. Product Authenticity
We guarantee the authenticity of all products sold. If you suspect inauthenticity, contact us for review. If verified, we offer a full refund or replacement.
9. Liability Disclaimer
9.1 General
We are liable for intent and gross negligence per German law (§ 521 BGB). For ordinary negligence, liability is limited to foreseeable damages typical for the contract.
9.2 Product Liability
We are liable for defective products under § 3 ProdHaftG (German Product Liability Act).
9.3 Shipping Liability
We are responsible for damage, loss, or theft until delivery. Post-delivery, liability transfers to you.
9.4 Disclaimer
We are a reseller of Pokémon products, not an official affiliate of The Pokémon Company or Nintendo. Products are provided "as is" regarding suitability for specific purposes, except as required by law.
10. Governing Law and Jurisdiction
10.1 Governing Law
These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). EU/EEA consumer protections apply where mandatory.
10.2 Jurisdiction
Disputes are subject to the courts of [Insert city once address is provided], Germany, unless mandatory consumer laws require otherwise. EU consumers may use the EU Online Dispute Resolution platform (http://ec.europa.eu/odr).
11. Miscellaneous
11.1 Entire Agreement
These Terms, alongside our Privacy Policy, constitute the entire agreement between you and DrakCards.
11.2 Severability
If any provision is invalid, the remaining provisions remain enforceable.
11.3 Contact
For questions or concerns:
- Email: info@drakcards.com
- Phone/WhatsApp: +49 176 32949109
- Address: Pedro Cunha, Postnummer: 1048551885, Packstation 174, 47804 Krefeld
These Terms ensure legal compliance and minimize liability. Consult legal counsel for specifics.
