1.1 “Buyer” means the individual or organisation that buys or agrees
to buy the goods from the Seller.
1.2 “Consumer” shall have the meaning ascribed in section 12 of
the unfair contract terms act 1977.
1.3 “Contract” means the contract between the Seller and the Buyer
for the sale and purchase of goods incorporating these Terms and Conditions.
1.4 “Goods” means articles that the Buyer agrees to buy from the
1.5 “Seller” means S. Mansfield T/as DragonEarth.com of 16 Kynaston
Avenue, CR7 7BU.
1.6 “Terms and Conditions” means the terms and conditions of sale
set out in this document and any special terms and conditions agreed in writing
by the Seller.
2.1 Nothing in these Terms and Conditions shall affect the buyer’s statutory
rights as a consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of
goods by the seller to the buyer and shall prevail over any other documentation
or communication from the buyer.
2.3 Use of the website and acceptance of delivery of the goods shall be deemed
conclusive evidence of the buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms
and conditions agreed between the parties) shall be inapplicable unless agreed
in writing by the seller.
3.1 All orders for goods shall be deemed to be an offer by the buyer to purchase
goods pursuant to these Terms and Conditions and are subject to acceptance by
the seller. The seller may choose not to accept an order for any reason.
3.2 Where the goods ordered by the buyer are not available from stock the buyer
shall be notified and given the option to either wait until the goods are available
from stock, given the option of choosing a different/replacement item up to
the value of the item purchased or cancel the order and receive a full refund.
These are at the seller’s discretion.
3.3 When making an order through the website, WWW.DragonEarth.COM, the technical
steps the buyer needs to take to complete the order process are described in
3.4 Goods remain the property of DragonEarth.com until payment has been made
4. PRICE AND PAYMENT
4.1 The price of the goods shall be that stipulated on the seller’s website.
The price excludes delivery charges.
4.2 The total purchase price and delivery charges will be displayed in the buyers
shopping basket prior to confirming the order.
4.3 After the order is received the seller shall confirm by email the details,
description and price for the goods. If these differ from the details, description
and/or price shown on the website the buyer shall be entitled to cancel the
4.4 Payment for the goods and delivery charges must be made in full before the
goods are despatched. If goods are paid for by credit card despatch is usually
within 3 working days, if goods are paid for by cheque or postal order despatch
will be after 7 working days. The buyer will receive an email informing them
of when to expect delivery of the goods. The seller reserves the right to only
to despatch the goods when the funds for them have cleared.
5. RIGHTS OF SELLER
5.1 The seller reserves the right to alter/adjust the price and specification
of any item on the website at its discretion.
5.2 The seller reserves the right to withdraw any goods from the website at
5.3 The seller shall not be liable to anyone for withdrawing any goods from
the website or for refusing to process an order.
5.4 The seller reserves the right to alter/adjust any part of the website at
5.5 The seller may choose not to accept an order for any reason.
6. AGE OF CONSENT
6.1 Where goods may only be purchased by persons of a certain age the buyer
will be asked when placing an order to declare that they are of the appropriate
legal age to purchase the goods.
6.2 If the seller discovers that the buyer is not legally entitled to order
certain goods, the seller shall be entitled to cancel the order immediately,
6.3 The seller may refuse sale of these goods to any persons at anytime.
7.1 The seller warrants that the goods will at the time of dispatch correspond
to the description given by the seller. Except where the buyer is dealing as
a Consumer, all other warranties, conditions, or terms relating to fitness for
purpose, merchantability or condition of the goods, whether implied by statute,
common law or otherwise are excluded, and the buyer is satisfied as to the suitability
of the goods for the buyer’s purpose.
8.1 Goods delivered within the U.K. will normally be delivered within 10 working
days of receipt of payment although a maximum of 28 days should be allowed for
8.2 Goods will only be despatched when payment in full has cleared. If the buyer
pays by Credit/Debit card or Postal order despatch is usually within 3 working
days of receipt of payment. If the buyer pays by personal cheque then despatch
will be after 7 working days when cheque has cleared.
8.3 Goods supplied outside the U.K. will normally be delivered within 28 working
days of receipt of payment for the order.
8.4 The buyer will be notified of expected delivery day by email. A delivery
time cannot be specified. If this delivery day is inconvenient the buyer must
notify the seller immediately to agree a new delivery date.
8.5 Goods will be sent by the cheapest service either Recorded signed for delivery,
Special Delivery or Courier, depending on size and weight of goods when packaged.
Seller reserves the right to change the method of despatch without notice.
8.6 All goods will need to be signed for on arrival at the buyer’s address.
Goods sent within the U.K. will be sent either by Courier, Recorded signed for
delivery or Special Delivery.
8.7 Goods sent by Recorded or special delivery will be sent to the buyer’s
local mail depot if delivery attempt fails. The buyer must then collect the
goods within 14 days. If collection of goods does not happen within 14 days
then the goods will be returned to the seller and the buyer will incurred extra
postage costs if the item is to be re-sent. If the buyer does not wish to have
the goods re-delivered to them then they must notify the seller immediately
for a partial refund. In this case the buyer can only be refunded the value
of the goods and NOT the postage and packing costs.
8.8 Goods sent by Courier will only be attempted to be delivered twice, if both
attempts fail then the goods will be returned to the seller. Repeated delivery
attempts will be charged extra for.
8.9 Goods sent “overseas” within the British Isle may incurred an
extra charge if sent by courier, If buyer disagrees with this charge another
method of postage will be agreed upon between the buyer and the seller.
8.10 Goods lost, damaged, or wrongly delivered by either Courier service or
royal mail will be investigated by the seller. When the seller is satisfied
with these investigations then the buyer will receive a partial or full refund
if it is found they are entitled. Each case is examined individually and ALL
refunds are at the seller’s discretion.
8.11 Goods sent outside the U.K. will be sent by International signed for delivery
or similar service depending on the destination country. Goods will need to
be signed for on arrival.
8.12 Where a specific delivery date has been agreed, and where this delivery
date cannot be met, the buyer will be notified and given the opportunity to
agree a new delivery date or receive a full refund.
8.13 The seller shall use its reasonable endeavours to meet any date agreed
for delivery. In any event time of delivery shall not be of the essence and
the seller shall not be liable for any losses, costs, damages or expenses incurred
by the buyer or any third party arising directly or indirectly out of any failure
to meet estimated delivery date.
8.14 Delivery of goods shall be made to the buyer’s address specified
in the order and the buyer shall make all arrangements necessary to take delivery
of the goods whenever they are tendered for delivery.
8.15 Title and risk in the goods shall pass to the buyer upon delivery of the
9. CANCELLATION AND RETURNS
9.1 The buyer shall inspect the goods immediately upon receipt and shall notify
the seller within 7 days of delivery if the goods are damaged or do not comply
with any of the contract. If the buyer fails to do so the buyer shall be deemed
to have accepted the goods.
9.2 Where a claim of defect or damage is made the goods shall be returned by
the buyer to the seller. The buyer shall be entitled to a full refund (including
delivery costs) plus any return postal charges if the goods are in fact defective.
If goods are defective and buyer wishes to have replacement goods, these will
be despatched on receipt of the returns at no extra cost to buyer.
9.3 If you are a consumer you have the right, in addition to your other rights,
to cancel the contract and receive a refund by informing us in writing or by
email within 7 working days of receipt of goods. Goods must be returned at your
cost and should be adequately insured during the return journey. You will receive
a refund of all monies paid for the goods (including delivery charges) except
for return postal charges within 30 days of cancellation.
9.4 Goods to be returned must clearly show the order number or item number or
sellers invoice number on the package.
9.5 Where returned goods are found to be damaged due to the buyers own fault
the buyer will be liable for the cost of remedying such damage.
10. LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the buyer is dealing as a consumer,
in the event of any breach of these terms and conditions by the seller the remedies
of the buyer shall be limited to damages which shall in no circumstances exceed
the price of the goods and the seller shall under no circumstances be liable
for any indirect, incidental or consequential loss or damage whatsoever.
10.2 Nothing in these terms and conditions shall exclude or limit the liability
of the seller for death or personal injury resulting from the negligence of
the seller or that of the seller’s agents or employees.
11.1 No waiver by the seller (whether expressed or implied) in enforcing any
of its rights under this contract shall prejudice its rights to do so in the
12. FORCE MAJEURE
12.1 The seller shall not be liable for any delay or failure to perform any
of its obligations if the delay or failure results from events or circumstances
outside its reasonable control, including but not limited to acts of God, strikes,
lock outs, accidents, war, fire, breakdown of plant or machinery or shortage
or unavailability of raw materials from a natural source of supply, and the
seller shall be entitled to a reasonable extension of its obligations.
13.1 If any term or provision of these terms and conditions is held invalid,
illegal or unenforceable for any reason by any court of competent jurisdiction
such provision shall be severed and the remainder of the provisions hereof shall
continue in full force and effect as if these terms and conditions had been
agreed with the invalid illegal or unenforceable provision eliminated.
14. CHANGES TO TERMS AND CONDITIONS
14.1 The seller shall be entitled to change these terms and conditions at any
15. GOVERNING LAW AND JURISDICTION
15.1 These terms and conditions shall be governed by and construed in accordance
with the law of England and the parties hereby submit to the exclusive jurisdiction
of the English courts.