Experience The Dragon. On shore!

Terms and conditions

Terms and conditions

1. General
1.1 These conditions apply to all purchases at Sites & Shops (acting under the name 'Dragon90years) by entrepreneurs (in the future' customer / client '). As entrepreneurs are encouraged in this sense: companies that are active in their country and in remote areas and carry out their professional activities.

1.2 If several (legal) persons or companies are identified with the customer, these will be jointly and severally liable for compliance with all obligations arising from the agreement concluded with Sites & Shops.

2. Offer and agreement
With the presentation of our products and the associated possibility to order them, we are not yet making a solid offer. Only with your order you can enter into a valid purchase contract with us. When you place an order with us, we will send you an e-mail to the e-mail address you have provided with which we confirm the receipt of your order and make the details known. This order confirmation is not yet a purchase agreement, but is only intended to inform you that your order has been received. A purchase contract is only definitively closed when we send the product you have ordered to you and confirm this shipment to you in a second email (shipping confirmation).

All our offers are without obligation. This applies in particular to images, drawings, capacity data, specifications, diagrams, price lists.

3. Prices and payments
3.1 The prices are final prices, excluding VAT. The starting point is always the amount that applies at the time of the final order. This costs shipping costs, depending on the size and weight of the ordered product (the products). More details can be found under Shipping costs..

3.2 If the customer makes an application at a price other than that stated on the website, which price has since been increased or turned out to be incorrect, Sites & Shops will immediately inform the customer of this. The customer is deemed to agree with the price thus notified if he does not object in writing to the price increase within two working days, or if he takes the delivered goods into use.

3.3 Unless otherwise agreed, the customer must pay 100% in advance of the payments. If the customer wishes to return the goods within the period of 8 days after delivery, the invoices already paid on those items will be credited.

3.4 If the customer fails to fulfill his payment obligations or fails to do so on time, the customer is legally in default, without any notice of default being required. The customer is then due to the Sites & Shops from the due date of the invoice, the statutory interest, whereby a part of a month is counted for a whole month. If payment is not forthcoming even after a reminder in which the customer is set a payment term, Sites & Shops is entitled to hand over the claim for collection. All costs related to the collection, including judicial and extrajudicial costs and the costs charged by external experts in addition to the legal costs, are payable by the customer to Sites & Shops.

3.5 If a part of an invoice is disputed by the customer, this does not affect the fact that the other, undisputed parts must be paid according to the terms and conditions as referred to in 3.3.

4. Reservation of ownership
Until the customer has fulfilled all claims under the purchase agreement, the delivered goods remain the property of Sites & Shops. As long as this retention of title applies, the customer is not entitled to resell the goods nor to let the goods be contractually used by third parties.

The customer is obliged to inform Sites & Shops immediately if a third party claims the goods still subject to retention of title as collateral or in another enforced execution.

5. Delivery
The delivery deadline stated on the website is not a deadline. If the delivery term is exceeded, Sites & Shops will only be in default after a written notice of default by the customer whereby Sites & Shops will be given a reasonable period to fulfill the agreement.

Delivery takes place at a delivery address indicated by the customer; however only within the Netherlands. If delivery or another service due to force majeure (natural disasters, war, civil war, terrorist attack) is permanently impossible, then Sites & Shops will no longer be obliged to deliver. Sums already paid will in that case be immediately refunded by Sites & Shops

6. Inspection and advertising
6.1 Immediately after Sites & Shops has delivered goods to the customer, the customer will inspect them. Complaints regarding missing or not ordered items must be reported in writing within 24 hours. Complaints about outwardly visible defects must be reported in writing and motivated by the customer within 8 days of delivery. The customer must give Sites & Shops the opportunity to investigate the complaints. In the absence of strict observance by the customer of the above, any claim by the customer in this respect will lapse. The delivered goods may deviate in minor points from the pictures, drawings, specifications of capacities, specifications, diagrams and other documentation included on the website.

The customer is informed that there is no guarantee if the product has the agreed quality during the risk transfer. In particular in the following cases there is no guarantee:

a) in the event of damage resulting from misuse or improper use by the customer, b) in the event of damage caused by the products being exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, abnormal physical or electrical voltage, voltage fluctuations) , lightning strike, static electricity, fire).

6.2 Return shipments outside the period of 8 days after delivery are not permitted without prior permission from Sites & Shops.

6.3 In the event of repair or replacement, the customer is obliged to return the product at the expense of Sites & Shops, stating the order number, to the indicated return address. Before shipping, the customer must remove all parts added by him to the article. Sites & Shops is not obliged to check the product for these added parts. Sites & Shops is not liable for the loss of these goods, unless upon receipt of the product at Sites & Shops it is immediately clear that such goods have indeed been added (in that case Sites & Shops informs the customer of this and the customer the possibility to remove the added product, the costs of which are borne by the customer.

Provides the guarantee required by the customer (replacement or repair of the product) for an effort that is disproportionately large - compared to the price of the product (taking into account the content of the purchase contract, requirements of good faith and the interests of the customer ), the residual value of the goods in the working condition, the type of defect and the question whether the other warranty conditions are not sufficient in this case - the customer's guarantee is limited to the other warranty conditions. Sites & Shops also reserves the right to refuse the warranty under the aforementioned conditions.

If the customer returns the goods in order to receive a replacement product, the following conditions apply for replacement:

Insofar as the customer has been able to use the goods without defects from the moment of delivery to return, he must pass on the value of this use. For non-defective damage or value reduction of the product and a non-defective inability to use the product, occurred in the period between delivery and return of the product, the customer is liable to pay compensation.

7. Guarantees
7.1 Indien niet anders vermeld, geldt voor alle geleverde zaken met uitzondering van de met de hand gefabriceerde producten een garantietermijn van een jaar. De garantie omvat het gedurende de garantietermijn vervangen, of naar keuze van Sites & Shops, naar beste vermogen herstellen van eventuele materiaal- en fabricagefouten in de geleverde zaken, indien deze fouten binnen voornoemde garantieperiode gedetailleerd omschreven bij Sites & Shops zijn aangemeld. Alle vervangen onderdelen worden eigendom van Sites & Shops. In plaats van de geleverde zaak te herstellen of te vervangen kan Sites & Shops kiezen voor teruggave van de koopprijs.

7.2 The warranty claim does not apply during the period that the customer has not, not fully or not timely fulfilled one or more obligations of the agreement.

7.3 Work and costs, including repair costs, outside the framework of this guarantee will be charged to the customer by Sites & Shops at the then applicable rates.

7.4 With the exception of the guarantee described in this article, Sites & Shops does not provide any guarantee, directly or indirectly, on the delivered goods.

8. Transfer of rights and obligations
8.1 The customer is not entitled to its rights or obligations under the agreement entirely or partially transfer to a third party without the prior written consent of Sites & Shops.

8.2 Sites & Shops is entitled to engage third parties in the execution of the agreement.

9. Liability
Sites & Shops is, in the event of intent or gross negligence of Sites & Shops or one of its representatives or employees, liable in accordance with the legal provisions. In all other cases Sites & Shops is only liable for death, physical damage or due to the culpable violation of essential contractual obligations, if these fall under the product liability law. The compensation for violation of essential contractual obligations is limited to the foreseeable damage, unless expressly provided otherwise in paragraphs 1 and 2 of these conditions. The liability of the contractor is also, in cases of gross negligence, limited by the amount of the damage to be expected, unless otherwise stated in paragraph 1, paragraph 2.

The provisions of paragraph 1 apply to all compensation claims (in particular for compensation in addition to a performance, as well as for compensation instead of a performance) based on all possible legal claims. In particular in case of default, non-fulfillment of contractual obligation or wrongful acts. The requirements also apply if uncorrected efforts have been made. A change in the burden of proof to the detriment of the customer is excluded by the aforementioned regulations.

10. Intellectual ownership
The goods provided to the customer may not be reproduced and / or published by the customer in any way whatsoever, without the express prior written consent of Sites & Shops.

Sites & Shops indicates that all their images and photos have been produced with the utmost care and are fully subject to copyright. Any abuse will still lead to prosecution.

11. Force Majeure
11.1 Force majeure of Sites & Shops also means shortcomings of suppliers, mail order companies of Sites & Shops and other events that are beyond the sphere of influence of Sites & Shops.

11.2 In case of force majeure, the obligation of the person invoking force majeure will be suspended for the period of the force majeure. In that case, the customer is only authorized to dissolve the agreement if it is established that performance is permanently impossible or will not be possible for a period of two months. In the event that the force majeure continues for more than two months or if it is certain that it will last longer, both parties are entitled to dissolve the agreement.

12. Dissolution
12.1 Each party can terminate the agreement with immediate effect without notice of default and without judicial intervention, in the event that:

the other party is declared bankrupt, whether or not provisional suspension of payment is granted, the debt management arrangement for natural persons is declared applicable to him or a substantial part of his assets are seized, or otherwise the free disposal of his assets loses; the counterparty's company is liquidated or sworn.

12.2 Amounts invoiced prior to the dissolution relating to goods already delivered and services performed for the execution of the agreement shall become immediately due and payable at the moment of dissolution.

13. Applied law and place of justice
The contract concluded between the customer and Sites & Shops is subject to Dutch law, with the express exclusion of the UN sales law / Vienna / CISG agreement. In the event of conflicts, the case is submitted to the competent court in Enschede, the Netherlands. . Sites & Shops also has the right, if desired, to take any legal action against a customer at his location.

14. Clearance
The customer is only entitled to setoff if his requirements have been legally enforced, or if Sites & Shops does not dispute them at all.

15. Retention right
De klant heeft uitsluitend een retentierecht als zijn tegeneis is gebaseerd op het bepaalde in hetzelfde contract

16. Privacy
The customer agrees that Sites & Shops stores, processes and uses all of his personal data in order to execute the customer's order as well as possible. At the same time, Sites & Shops naturally oblige itself to protect the data of the customer as well as possible.

17. Salvator clause / Final provisions
17.1 Indien enigerlei bepaling in deze overeenkomst geheel of gedeeltelijk onwerkzaam of onjuist is of wordt, dan heeft dat geen invloed op de werkzaamheid en geldigheid van de andere bepalingen. Partijen komen overeen om de ongeldige of strijdige bepaling te vervangen door een geldige bepaling die het beoogde economische doel het beste dient. Hetzelfde geldt in het geval van een omissie.

17.2 Changes or additions to this contract must be made in writing. Any oral appointment is invalid.

Sites & Shops - Hoorn, December 2018.

International Dragon Association
44 Orpen Green
Blackrock County
Dublin, Ireland