Terms of service

OVERVIEW

Welcome to The Overbooked Dragon. Throughout the site, the terms “we”, “us”, and “our” refer to The Overbooked Dragon.

The Overbooked Dragon operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). The Overbooked Dragon is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide in our store is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate descriptions and representations of our products and services in our online store.

However, colors and product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to the images displayed in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase the selected products. The Overbooked Dragon reserves the right to accept or decline your order for any reason at its discretion.

Your order is not accepted until The Overbooked Dragon confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Because our products are made on demand, we may be unable to accommodate cancellation requests after an order has been accepted or sent to production.

If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, or phone number provided when the order was placed.

Your purchases are subject to return or exchange only in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect when the order is placed and will be shown in your order confirmation email.

Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs duties, or import charges.

Prices displayed in our online store may differ from prices offered in physical stores or other online stores operated by third parties.

We may offer promotions from time to time. Such promotions may be governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store.

You agree to promptly update your account information, including your email address and payment information, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

  • the payment information you provide is true, correct, and complete;
  • you are authorized to use the payment method provided;
  • charges incurred by you will be honored by your payment provider; and
  • you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times are estimates only and are not guaranteed unless expressly stated otherwise.

We are not responsible for shipping delays caused by shipping carriers, customs processing, weather events, incorrect shipping information, or other circumstances beyond our reasonable control.

For additional information, please review our Refund Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brand elements, text, displays, images, graphics, product designs, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by The Overbooked Dragon, its affiliates, or its licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided in these Terms, nothing in these Terms grants or should be construed as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property belonging to The Overbooked Dragon, Shopify, or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted are reserved by The Overbooked Dragon.

The Overbooked Dragon’s name, logo, product names, designs, and slogans are trademarks or protected brand assets of The Overbooked Dragon or its licensors. You may not use them without our prior written permission.

Shopify’s name, logo, product names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, designs, and slogans displayed through the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to third-party tools as part of the Services. We do not monitor or control these tools and do not have input into their operation.

You acknowledge and agree that access to such tools is provided on an “as is” and “as available” basis, without warranties, representations, or conditions of any kind and without endorsement.

We are not liable for any issue arising from or relating to your use of optional third-party tools.

Your use of optional tools is entirely at your own risk and discretion. You should ensure that you understand and approve the terms under which those tools are provided by the relevant third-party provider.

We may also introduce new features, tools, or services in the future. Such new features will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, privacy practices, security, or availability of third-party materials or websites.

If you decide to access third-party websites or services, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content offered through third-party websites.

Please review the applicable third party’s policies and practices before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

The Overbooked Dragon is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make through our store are made directly with The Overbooked Dragon.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and The Overbooked Dragon, including any injury, damage, or loss resulting from purchased products or services.

You release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with The Overbooked Dragon, except where such exclusion is not permitted by applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be processed by Shopify and other service providers in accordance with their own privacy policies.

Because our store is hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to and shared with Shopify and third-party service providers, including providers located in countries other than your country of residence.

Please review our Privacy Policy for more information about how we, Shopify, and our service providers use personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.

We may use this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You represent and warrant that:

  • you own or have all necessary rights to the Feedback;
  • you have disclosed any compensation or incentives received in connection with submitting the Feedback; and
  • your Feedback complies with these Terms of Service.

We are not required to maintain your Feedback in confidence, pay compensation for your Feedback, or respond to your Feedback.

We may, but are not required to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms of Service.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other proprietary rights.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties about the origin of your Feedback.

You are solely responsible for the Feedback you submit and its accuracy. We take no responsibility and assume no liability for Feedback submitted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time, including after an order has been submitted.

We are not required to update, amend, or clarify information in the Services except as required by applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services:

  • for any unlawful or malicious purpose;
  • to violate applicable laws, regulations, rules, or ordinances;
  • to infringe or violate our intellectual property rights or the rights of others;
  • to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any person;
  • to submit false or misleading information;
  • to transmit, upload, download, or reuse material that violates these Terms;
  • to send spam, phishing messages, chain letters, or similar solicitations;
  • to impersonate another person or entity;
  • to interfere with another person’s use or enjoyment of the Services;
  • to upload or transmit viruses or other malicious code;
  • to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
  • to collect or track the personal information of others;
  • to scrape, crawl, spider, or otherwise extract information from the Services without our written permission; or
  • to interfere with or circumvent the security features of the Services or any related website.

We reserve the right to suspend, disable, or terminate your access to the Services if we determine that you have violated these Terms.

SECTION 14 - TERMINATION

We may terminate these Terms of Service or your access to the Services, or any part of them, at our discretion and where permitted by applicable law.

You will remain responsible for all amounts due up to and including the date of termination.

The following sections will survive termination where applicable:

  • Intellectual Property;
  • Feedback;
  • Termination;
  • Disclaimer of Warranties;
  • Limitation of Liability;
  • Indemnification;
  • Severability;
  • Waiver and Entire Agreement;
  • Assignment;
  • Governing Law;
  • Privacy Policy; and
  • any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented through the Services is provided for general information purposes only.

We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.

Except as expressly stated by The Overbooked Dragon, the Services and all products offered through the Services are provided on an “as is” and “as available” basis, without warranties, representations, or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you to the extent prohibited by applicable law.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, The Overbooked Dragon, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify’s affiliates will not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation:

  • lost profits;
  • lost revenue;
  • lost savings;
  • loss of data;
  • replacement costs; or
  • similar damages.

This limitation applies whether the claim is based on contract, tort, negligence, strict liability, or otherwise and whether it arises from your use of the Services, your inability to use the Services, or your purchase or use of products offered through the Services.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Overbooked Dragon, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of or related to:

  1. your breach of these Terms of Service;
  2. your violation of any law or the rights of a third party; or
  3. your access to or use of the Services.

We will notify you of any indemnifiable claim where reasonably possible. A failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced by the delay.

We may control the defense and settlement of such a claim at your expense. You agree to cooperate in the defense of indemnified claims.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforced to the fullest extent permitted by applicable law.

The unenforceable portion will be treated as severed from these Terms of Service, and this determination will not affect the validity or enforceability of the remaining provisions.

SECTION 19 - WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on the Site or relating to the Services constitute the entire agreement and understanding between you and us regarding your use of the Services.

They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Any ambiguities in interpreting these Terms of Service will not automatically be construed against the party that drafted them.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms of Service without our prior written consent.

Any attempted assignment in violation of this section will be void.

We may transfer, assign, or delegate these Terms of Service and our rights and obligations without your consent or notice where permitted by applicable law.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services to you will be governed by the laws of:

Germany

Any dispute arising from or relating to these Terms of Service will be subject to the applicable courts located in:

Frankfurt am Main Germany

Nothing in this section limits any mandatory consumer rights or protections that apply to you under the laws of your country or place of residence.

SECTION 22 - HEADINGS

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Where required by applicable law, we will notify you of material changes and indicate when those changes take effect.

Your continued use of or access to the website or Services after changes are posted constitutes acceptance of the updated Terms of Service, to the extent permitted by law.

Last updated: 28.07.26

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

The Overbooked Dragon
Email: support@theoverbookeddragon.com
Website: theoverbookeddragon.com
Business address: Gotenstr. 49 65929 Frankfurt am Main


VAT number: DE463817541