Disclaimer and Liability
Last updated: September 13, 2025
This Disclaimer and Liability statement outlines the responsibilities, limitations, and disclaimers applicable to your use of 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 using the Site or purchasing products, you agree to this statement.
1. General Information
DrakCards aims to provide high-quality, authentic Pokémon products and a reliable shopping experience. This statement clarifies our legal responsibilities and limitations to ensure transparency and minimize liability risks. For inquiries:
- Email: info@drakcards.com
- Phone/WhatsApp: +49 176 32949109
- Address: [Insert registered business address here once available]
2. Business Affiliation Disclaimer
DrakCards is an independent reseller and collector of Pokémon-related products. We are not officially affiliated with The Pokémon Company, Nintendo, or any related entities unless explicitly stated otherwise in the future. All Pokémon products sold are official and authentic, but our business operates as a third-party retailer.
3. Product Authenticity Guarantee
We guarantee the authenticity of all products sold on the Site, including official Pokémon merchandise and custom-designed items (e.g., binders, accessories). If you suspect a product is inauthentic:
- Contact us at info@drakcards.com or +49 176 32949109 with details and evidence (e.g., photos, order number).
- Upon verification, we will provide a full refund or replacement, per our Refund Policy.
4. Intellectual Property
4.1 Official Products
All Pokémon-related trademarks, logos, and copyrights are the property of The Pokémon Company, Nintendo, or their respective owners. DrakCards sells authentic Pokémon products as a reseller and respects all third-party intellectual property rights.
4.2 Custom-Designed Products
Custom-designed items (e.g., binders, accessories) created by DrakCards are our intellectual property. Unauthorized reproduction, distribution, or use of these designs is prohibited. © DrakCards 2025.
5. Liability for Products
5.1 General Liability
For ordinary negligence, liability is limited to foreseeable damages typical for the contract, as required by German law. Products are provided "as is" regarding suitability for specific purposes, except where mandatory consumer protections apply (e.g., EU Consumer Rights Directive).
5.2 Product Defects
If a product is defective upon delivery:
- Contact us within 14 days with photos and details of the defect.
- We will review and offer a refund or replacement per our Refund Policy, including return shipping costs if the defect is verified.
5.3 Product Descriptions
We strive to ensure product descriptions (e.g., for graded cards, plush toys, or games) are accurate. However, minor variations (e.g., color, packaging) may occur due to manufacturing differences. We are not liable for such variations unless they materially affect the product’s value or function.
6. Shipping and Delivery Liability
6.1 During Transit
DrakCards is responsible for damage, loss, or theft of products during shipping until delivery to you or your designated third party (not the carrier). All orders are insured for these risks. If an issue occurs:
- Contact us at info@drakcards.com or +49 176 32949109 with photos of the damage or order details.
- We will process a refund or replacement after insurance clearance (1–5 days), per our Refund Policy.
6.2 Post-Delivery
Once the product is delivered, liability transfers to you. We are not responsible for damage, loss, or theft caused by you, third parties, or after you resell the product.
6.3 Customs and Taxes
International customers are responsible for customs duties, taxes, and fees, which are not included in the product or shipping price. We are not liable for delays or costs arising from customs processes.
7. Website Use Disclaimer
7.1 Site Availability
We strive to ensure the Site is accessible and accurate but do not guarantee uninterrupted access or error-free content. We are not liable for damages arising from Site downtime, technical issues, or inaccuracies, except where required by law.
7.2 Third-Party Links
The Site may include links to third-party websites (e.g., PayPal, DHL). We are not responsible for their content, services, or privacy practices. Use them at your own risk and review their terms.
8. Limitation of Liability
8.1 General Limitations
To the fullest extent permitted by law, DrakCards is not liable for indirect, incidental, consequential, or punitive damages (e.g., loss of profits, data, or use) arising from your use of the Site, products, or services, except where mandatory consumer protections apply.
8.2 EU/EEA Consumer Protections
EU/EEA customers are entitled to mandatory protections under the Consumer Rights Directive (e.g., 14-day withdrawal right) and German law. These rights are fully honored, as detailed in our Terms and Conditions and Refund Policy.'8.3 International Customers
For customers outside the EU/EEA, liability is limited to the extent permitted by your local laws (e.g., CCPA for California residents). We honor applicable consumer protections, such as refund rights for defective products.
9. Force Majeure
DrakCards is not liable for delays or failures to perform obligations (e.g., shipping, refunds) due to events beyond our control, including natural disasters, strikes, pandemics, or carrier disruptions, provided we take reasonable steps to mitigate the impact.
10. Governing Law and Jurisdiction
This Disclaimer is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
11. Contact Us
For questions or concerns:
- Email: info@drakcards.com
- Phone/WhatsApp: +49 176 32949109
- Address: [Insert registered business address here once available]
This Disclaimer and Liability statement ensures legal compliance and clarity. Consult legal counsel for specifics.
