Below is a complete set of Terms & Conditions (AGB) for Pizza Dragon (dragonpizza.de), tailored for takeout and delivery only (no dine‑in).
1. Scope and Provider
1.1 These Terms and Conditions govern all orders placed via the website https://dragonpizza.de or by telephone, where the website is used for viewing the menu and contact details.
1.2 The provider and contractual partner are:
Pizza Dragon
Hessenring 14A
64572 Büttelborn, Germany
Phone: 06152-9872882
1.3 We operate exclusively as a takeout and delivery service. We do not offer a dine‑in service on our premises.
1.4 Deviating terms of the customer do not apply unless we expressly agree to them in writing.
2. Conclusion of Contract
2.1 The products and prices shown on dragonpizza.de are not a binding offer, but a non‑binding online menu.
2.2 By placing an order via the online ordering system or by telephone, you submit a binding offer to conclude a purchase contract for the selected items.
2.3 A contract is formed when we
- accept the order explicitly (e.g. order confirmation in the shop system or by email/SMS), or
- start preparing your order, or
- hand over the goods for delivery or collection.
2.4 We may refuse orders in justified cases, for example, if
- The delivery address is outside our delivery area.
- The minimum order value is not reached,
- There is reason to suspect misuse or non‑payment, or
- We are unable to fulfil the order due to stock or capacity limits.
3. Ordering via Customer Account or as a Guest
3.1 You can order as a guest or via a customer account.
3.2 If you create an account, you must keep your login data confidential and protect access to your account. Activities carried out via your account are generally attributed to you.
3.3 Information you provide (name, address, telephone number, email) must be accurate and up to date. Errors can lead to failed deliveries or delays.
4. Prices, Delivery Fees and Payment
4.1 All prices shown on dragonpizza.de are in euros (EUR) and include statutory value-added tax.
4.2 Any delivery charges, service fees or minimum order values are displayed during the ordering process and depend on the delivery address and order size.
4.3 Accepted payment methods (e.g. cash on delivery, online payment by card, PayPal, etc.) are shown in the order process. We reserve the right to offer or exclude certain payment methods for individual orders.
4.4 For online payments, the contract is concluded under the condition that the chosen payment provider authorises the transaction. If authorisation is refused, the contract is not formed.
5. Delivery Area, Delivery Times and Takeout
5.1 We deliver only to addresses within our stated delivery area. The delivery area is displayed on dragonpizza.de and/or during the order process.
5.2 Stated delivery times are estimates. Actual delivery times may vary due to order volume, traffic and weather. We always try to deliver as promptly as possible, but we cannot guarantee exact delivery times.
5.3 The customer is responsible for providing a correct and accessible delivery address (including doorbell name, floor, and access codes where necessary). If delivery fails because the address is incorrect or the customer cannot be reached, we may charge the full order amount.
5.4 For takeout orders, the customer is responsible for collecting the goods at the agreed time from our location. If the order is not collected within a reasonable time and cannot be resold for hygienic reasons, we may still charge the full price.
6. Right of Withdrawal (Consumers)
6.1 Under German law, consumers usually have a 14‑day right of withdrawal for distance contracts. However, there is an exception for certain types of goods.
6.2 In accordance with § 312g (2) No. 2 German Civil Code (BGB), no right of withdrawal exists for contracts for the supply of
- foodstuffs, beverages or other goods for everyday consumption
- which are clearly tailored to the consumer’s personal needs or which spoil quickly or whose expiry date would be quickly exceeded.
6.3 Our food and drinks are freshly prepared to order and are perishable. Therefore, all food orders made via dragonpizza.de or by telephone are final and cannot be revoked under the statutory right of withdrawal once we have accepted your order.
7. Quality, Complaints and Refunds
7.1 We prepare all products with care and aim to deliver them in good condition.
7.2 If you receive
- the wrong item,
- an incomplete order, or
- food that is clearly defective (e.g. spoiled, not properly cooked, foreign object),
Please contact us immediately after delivery or collection, using the contact details on your order or our website.
7.3 We may ask you to retain the food for inspection or to provide photos so we can check the complaint.
7.4 If a complaint is justified, we will, at our reasonable discretion, offer one of the following remedies:
- replacement delivery of the affected item(s),
- subsequent delivery of missing items,
- partial or full refund, or
- credit for a future order.
7.5 No refund or replacement is owed for complaints relating solely to personal taste (e.g. “I don’t like it”, “too spicy”, “too mild”), minor deviations in appearance, or improper storage after delivery (e.g. food left unrefrigerated for hours).
8. Allergies, Intolerances and Product Information
8.1 Information about ingredients, allergens and additives is provided on our menu and/or on dragonpizza.de to the best of our knowledge.
8.2 If you have allergies or intolerances, you must inform us clearly before placing your order (for example, in the order comments or by phone).
8.3 Despite careful preparation, we cannot completely exclude cross‑contamination in the kitchen (e.g. traces of nuts, gluten or other allergens). Customers with severe allergies should consider this risk when ordering.
9. Voucher Codes and Promotions
9.1 We may offer vouchers, discount codes or promotions from time to time. These are subject to the terms stated in the respective offer (validity period, minimum order value, non‑combination with other promotions, etc.).
9.2 Vouchers are not paid out in cash and cannot be retroactively applied to completed orders.
9.3 We may exclude individual products or order types from promotions where objectively justified.
10. Liability
10.1 We are liable without limitation for damage
- resulting from intent or gross negligence,
- for injury to life, limb or health, and
- under the Product Liability Act.
10.2 For breaches of essential contractual obligations due to simple negligence, our liability is limited to foreseeable, typical damage. Essential contractual obligations are those whose fulfilment makes proper execution of the contract possible in the first place and on whose observance the customer may regularly rely.
10.3 Any further liability is excluded.
10.4 The above limitations of liability also apply in favour of our employees and vicarious agents.
11. Use of the Website and Intellectual Property
11.1 All content on dragonpizza.de, including text, images, logos, menu descriptions and design, is protected by copyright or other intellectual property rights and may not be copied, distributed or otherwise used without our prior consent.
11.2 You may use the website only in accordance with applicable law and these Terms and Conditions, in particular, not for fraudulent orders or to disrupt our service.
12. Data Protection
12.1 We process personal data in connection with the use of dragonpizza.de and the execution of orders in accordance with our Privacy Policy, which can be accessed at:
https://dragonpizza.de/privacy-policy/
12.2 The Privacy Policy explains what data we collect, for what purposes and on what legal basis, and what rights you have as a data subject.
13. Online Dispute Resolution and Consumer Dispute Settlement
13.1 The European Commission provides an online dispute resolution (ODR) platform, available at:
https://ec.europa.eu/consumers/odr/
13.2 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board under the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).
14. Applicable Law and Final Provisions
14.1 These Terms and Conditions are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
14.2 If you are a consumer and your habitual residence is in another EU country, the mandatory consumer protection provisions of that country remain unaffected.
14.3 Should any provision of these Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In such a case, the statutory provisions shall apply.