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Terms and Conditions
Terms and Conditions applicable to a seller of goods using the DragonCub website

These terms and conditions are the contract between you and DragonCub (“us”, “we”, etc).  By visiting or using our website, you agree to be bound by them.

DragonCub is a trade name of Where the World Meets Ltd, company number 3948570 incorporated in England, whose registered office is at

Astons Barn, North Green Road
Pulham St Mary, IP21 4YF.
England

Definitions
“Content”
means any text or graphical material posted by you on our website. (Content does not include a Product for sale but does include, inter alia, all information relating to a product)
“Product”
means any item offered for sale by you on our website, whether physical goods or downloads.
“Service”
means any service we provide, whether through our website or otherwise.
Our contract
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to sell your Product on your behalf.
The relationship between us is solely that:
 
in consideration of a fee charged by us, we provide for you an Internet market place as an arms length contractor.
 
we act as your agent solely in the collection of money paid by your buyer-customer.
 
We are not publishers, partners or joint ventures.
If you place a Product for sale on the website, you do so subject to these terms.
We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on our website at the time that the contract was made.
Subject to this agreement and to the procedures set out in our web pages, you may enter a Product for sale through our website.
Your account and personal information
When you visit our website, you accept responsibility for all things done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
You agree to notify us of any changes in your information immediately.
We may terminate your account immediately and without notice to you if you fail to notify us of any such changes.
Your Product placement

You agree:

to indemnify us against any claim by any person in respect of any Product, including reasonable management costs and lawyers fees.
not knowingly to place any Product for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.
to make suitable arrangements for the delivery of each Product, including packaging and carriage, so that you can comply with the delivery terms you have given to us.
immediately to remove from sale on our website any product which for any reason, you are unable to supply.
not to re-place any Product we remove from offer for sale.
Delivery
Delivery of soft copy products will be made by us, from our website.
Deliveries of hard copy and physical products will be made by post or by a carrier instructed by you.
You will notify the customer by email on the date of sending, that the product has been dispatched and of the expected delivery date.
If at any time, any customer notifies you of non-delivery within the time scale offered by you on our website, you will investigate immediately and tell the customer that you are doing so, what you are doing, and when you expect to be able to deliver the product.
In the absence of information to the contrary, you agree to dispatch a product within three days of notification of order by us, by a method likely to reach the buyer within a further seven days.
If it is apparent that a customer has not received a product within fourteen days of the expected delivery date, you will refund money paid, including any delivery charge. This is a condition of your contract with us because our reputation, as well as yours, is at stake in those circumstances.
If your customer buys as a consumer
If your customer is a citizen of the European Union and he buys as a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000, then:
If he cancels his contract within 7 days of having made it, you will refund his payment in full by means of the same method as he paid you.
If you have dispatched his order by the time you receive his cancellation, he may return the product to you, un-used, within seven days of receipt.
He has no right to cancel a contract to buy a product or Service delivered to him by download because that transaction cannot be undone.
He has no right to cancel a contract for the purchase of a product delivered to him in sealed packaging if the ultimate seal is broken to enable him to have access to the product.
Products returned
You agree that you will at all times:
Reply promptly and in any event within 48 hours to any customer message or other correspondence;
Comply with the law relating to all aspects of the contract between you and your customer;
When you have an obligation to return money to a customer for any reason, you will do so immediately;
In the event that goods bought are not available, you will immediately tell your customer;
Comply with the DragonCub procedures relating to satisfaction of an order, goods returned and payment, as set out in our web pages from time to time.
Please provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.
The selling procedure
DragonCub is not responsible for the fulfilment of your contract to sell a Product which is not in electronic form.
Products may be offered for sale subject to any discount or promotion arranged between DragonCub and you.
Subject to discounts and promotions, Products are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
All Products for sale in hard copy (that is, excluding downloads) will be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by you for each item offered for sale. It may be changed at your discretion. Once you have sold an item, the delivery charge offered by you at the time of purchase cannot be increased.
You agree that a contract to sell a Product offered by you is a firm and binding contract as soon as your customer's payment has been accepted by our payment service provider.
If the law of any country requires that a contract must be evidenced in writing, or makes any other requirement, then you agree to comply with that requirement as soon as possible.
Every sale will be subject to the laws applicable but there shall not be implied any right which is not a legal right and which is not set down in this document.
Products will be offered for sale and sales made, subject to the terms and conditions applicable to buyers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a seller. You may view the buyers conditions on our website at any time.
Value Added Tax
Fees and commissions specified in our website are exclusive of VAT.
If you are located in the UK, we will show and retain the amount of VAT due on our charge for our services in addition to the amount of commission due to us.
If you are located in the UK, and you provide a valid UK VAT registration number, we will not charge or deduct VAT from sums due to you.
DragonCub has the right to demand additional information about your business so far as it may affect your VAT registration, at any time, from you or from a governmental authority.
Order fulfilment
We shall send you a message by email at the time of each sale, providing full information about that sale.
At any time, you may go to your control panel and print the labels you need for your latest batch of sales. To comply with your obligations to us and your buyers, you need to do this within 24 hours of receiving from us a message which confirms a sale.
You agree to provide an adequate stock of any Product placed by you for sale through our website and to tell us, through your control panel, if at any time your supply is exhausted.
You agree to dispatch any Product sold, within two working days of having received notification from us of the sale.
You agree to comply with the requirements implied in the DragonCub returns policy set out on our website.
Our commission and payment to you
We sell your product at the price you place on it, subject to these terms and subject also the requirements we set out on our website from time to time.
Our fees and commissions are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your buyer.
Our website selling system is an automated system which can be followed by you through a "control panel".
The proportion of each sale receipt retained by us is set out in the different proposals we make on our website.
Where our commission is based on a percentage of the sale price, you may not artificially inflate the delivery charge and reduce the price of the Product in order to reduce our commission. If we believe that you do so, we may immediately cease to deal with you.
We will pay you within 28 days of the end of each month for sales made and money received during that month.
If you have a bank account located in the UK, we will transfer money via the Internet, in full.
If you do not have an account in the UK, we will transfer money in any sum at your request and at your cost. We will pay for the transfer if the sum due is over the limit specified from time to time on our website pages.
We will send you an invoice for our charges.
If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.
If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
If you have to accept a return from a customer and refund his payment, we are not obliged to repay commission to you.
If in our discretion we believe that your performance as a seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.
Advertising your Product
If you accept our offer to advertise, market or promote your product, the following conditions apply.
We will use the services of a specialist Internet marketing business associated with DragonCub.
We and not you will contract with any other person or company for specialist services. You will be under no obligation except to us for the price charged.
The price charged to you will include all payments we make to others.
The cost of work ordered by you is payable in full, in advance. If you so request us, by indication on our website, we will deduct the cost from your account.
We give no guarantee as to the success of any advertising placed.
We shall receive no secret commission on advertising services. But note that the service supplier is associated to us.
Your Product warranties
You warrant that any Product you place on our website for sale:
 
Is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
 
Does not offend against the law of any country whose citizens might purchase it;
 
Is not intended primarily to advertise any business, except your business, so far only as it is carried on through DragonCub.com.
You warrant that you own the copyright of any Product you place on our website for sale, or that you have the permission of the copyright owner:
 
To place the Product on our website for sale;
 
To receive the net proceeds of such sales as arise;
 
To defend the copyright in the Product.
Content posted by you
("Content" does not include a Product for sale) In respect of Content posted by you:
You understand that you are personally responsible for your breach of intellectual property rights, defamation, or of any law, which may occur.
You may not post Content which is illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
You warrant that you own all of the Content you post and that you agree to indemnify DragonCub for all costs and claims arising out of your breach of this agreement or your use of the DragonCub website.
You grant to us: the right and licence to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Content that you place on our website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Content.
You now irrevocably authorise DragonCub to publish feedback, comments and ratings about your activity through the DragonCub website, even though it may be defamatory or critical, and even though we may know it may be defamatory or critical.
You now irrevocably release DragonCub from any right or claim of yours arising out of or in connection with any item of feedback, rating or other Content posted by you.
Defamation and intellectual property claims
It is not possible for DragonCub, nor is it our policy, to read and assess every piece of content posted by others on our website. Accordingly, we operate on the basis that we remove any offending material as soon as we are reasonably able, after we receive notice of a claim or complaint. This procedure is subject to:
The claim or complaint being submitted to us in the form available on our website, or in a form containing the same information as that requested in our form.
The claim or form being submitted to us by post or through the web mail contact system on our website.
Our follow-up investigation of your complaint.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Licence for website access
DragonCub grants you a limited licence to access and make use of this website, subject to the terms which follow.
If you are in breach of this licence we are entitled to refuse access to the website and terminate your account, subject to paying you for any outstanding sales where we have received money on your behalf.
You may not download (other than page caching) or modify any part of the website, without our express written consent.
Except as specifically set out on our website, this licence does not include any resale or commercial use of:
 
Any part of the website or its contents;
 
Any collection and use of any product listings, descriptions, or prices;
 
Any information obtained from or about the website or its contents or use of it;
 
Downloading or copying of account information for the benefit of another merchant;
 
Downloading or copying of account information for the benefit of another merchant;
 
Data mining, robots, or similar data gathering and extraction tools on the website.
Except as specifically permitted in our website pages, you may not for any purpose use our name, any proprietary information (including images, text, page layout, or form) of DragonCub or our affiliates in any way and in particular to entice search robots to some other website.
Despite the above terms, we will grant a licence to you to create a hyperlink to our website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DragonCub logo or other proprietary graphic or trademark as part of the link without our express written consent.
You must not use our website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
Website security and linking
You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of our website.
You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of our website, or any software used on, and that you will not permit any other person to do so. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
You agree to reimburse us for any loss, claim or expense we incur, arising in any way out of your use of our website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
You must not link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser.
When linking to our site, you must not at any time use a technology which results in "framing", pop-up windows, interstitial pages or advertisements, or similar techniques.
Copyright and Other Intellectual Property Rights
All content on the website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.
For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
Interruption to the Service
We give no warranty that the Service will be satisfactory to you.
We will do all we can to maintain access to our website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
You acknowledge that our Service may also be interrupted for reasons beyond our control.
You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
Our responsibility
We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
Our website contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website.
Our disclaimer of warranties
The DragonCub website and services are provided "as is". As to the website and services, DragonCub makes no representation or warranty of any kind, express or implied, including, without limitations, warranty:
as to merchantability or fitness for a particular purpose;
as to availability, accessibility, without interruption, or without error;
that items offered for sale are available and may lawfully be bought and sold;
that a buyer will perform in accordance with his contract or as expected;
any obligation, liability, or remedy in tort whether or not arising from the negligence of DragonCub.
Because DragonCub is not the agent or either seller or buyer, you now release DragonCub from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.
Severability
If any of these terms is at any time held in any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
Notices
We may send a notice to you at the email address you have supplied to DragonCub. You may send a notice to us either through the message service provided on our website or to:
Where the World Meets Ltd, Astons Barn,
North Green Road, Pulham St Mary,
IP21 4YF, United Kingdom
Please note that you should not assume that your reply to an email message from us will reach us.
You agree that any message sent to you electronically satisfies any legal requirement in any jurisdiction as to the appropriate method of sending a communication.
Rights of Third Parties
Nothing in any contract to which we are a party shall confer any right to any person not a party to that contract.
International law
So far as may be permitted in law, this contract expressly excludes the application of international law relating to any transaction to which it applies.
Governing Law
This Agreement shall be governed by and construed in accordance with the law of England.
Copyright
Copyright Where the World Meets Ltd 2008
The copyright infringement claim form can be found here.
The defamation and general complaint claim form can be found here.
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