General Terms & Conditions
On the relationship between Dolphin Innovations GmbH and the Customer the following general terms & conditions exclusively apply. Any diverging terms and conditions of the Customer shall only apply when confirmed in writing by Dolphin Innovations.
1. Contract agreement
Before sending your online order in Step 7 "please check your data entry" you can check and, where necessary change, all of your statements (e.g. name, address, payment method and order)
Once you have finished the Dolphin Innovations online order process by entering the required information and have clicked the button "Order" in Step 7 ("Please check your data entry"), you submit a binding offer for a sales agreement with Dolphin Innovations GmbH.
The same applies when you order by phone using our call center (+49 (0)33638 296-125).
The acceptance of this offer (and the conclusion of the contract) by Dolphin Innovations GmbH will take place in any case by the shipping of the ordered products.
2. Company Info
The contract will be accomplished with Dolphin Innovations GmbH, unless otherwise declared.
Address:
Dolphin Innovations GmbH
Rothenbaumchaussee 5
D - 20148 Hamburg
Germany
Trade register: Hamburg HRB 71277
VAT-Identification Number: DE 201 642 476
Tax-number: 57 / 875 / 01747
Managing Director: Thomas Wingerter
Any complaints please address to:
E-Mail: info@dolphin-innovations.de
Address:
Dolphin Innovations GmbH
Rothenbaumchaussee 5
20148 Hamburg
3. Right of withdrawal
You can withdraw from the contract within a month in written form (e.g. letter, Fax, E-Mail) or by returning the good itself. You don't have do declare a reason for the withdrawal. The term will start with the receipt of this instruction earliest. For the observance of the term, the posting of the cancellation or the goods in time will be sufficient.
The withdrawal has to be addressed to:
E-Mail: info@dolphin-innovations.de
Address:
Dolphin Innovations GmbH
Rothenbaumchaussee 5
20148 Hamburg
Germany
In case of an effective withdrawal, mutually received benefits have to be replaced and if appropriate received benefits (e.g. interest payments) have to be returned. In case you are unable to return the received benefits in whole or in part or only in a declined condition, you might have to pay a reimbursement. This does not apply for surrender of goods, if the deterioration of the goods is due exclusively to their inspection - like it would be possible in a retail store. You can avoid a reimbursement by not using the good like an owner and by avoiding everything that could impact its value. Goods which could be send as a package have to be sent back. In case of a return of goods, you have to pay the forwarding charge of goods, whose order value were no more than € 40,00, if the delivered goods are as ordered. Otherwise the return is free of charge for you.
You will find all required documents for the return along with the delivery note of your consignment.
Please take notice of the following:
3. Shipment and reservation
We will deliver only within the EU and Switzerland. Shipment will proceed as a rule within 7 days within Germany or else 14 days. Other countries on request.
Shipments to post office box-addresses are not possible.
We deliver as long as our stocks last. In case a supplier of Dolphin Innovations will not deliver ordered goods despite contractual obligations, Dolphin Innovations has the right to withdraw from the contract with the customer. In this case you will be informed immediately about the shortage of the ordered good. All already required payments will be reimbursed immediately.
If not otherwise agreed, Shipment will be ex stock to the shipping address you gave us. Statements of Dolphin Innovations on delivery dates are not binding, unless exceptionally a binding delivery date is agreed upon in writing.
All prices are incl. VAT.
Up to an order value of € 50,00 you will have to pay shipping and handling costs of € 4,95 incl. VAT within Germany. For shipments within the EU shipping an handling costs are € 9,95 incl. VAT.
At an order value of € 50,00 or above, we deliver free of charge within Germany and for orders from abroad shipping and handling costs will be reduced to € 6,- incl. VAT.
For shipments into Switzerland and non EU-countries, VAT will not be charged.
The aforementioned shipment and handling fee will cover only a part of the occurring costs for material, handling and postage. The rest will be covered by Dolphin Innovations.
In exceptional cases we have to invoice a higher shipment and handling fee. This will be showed separately.
If a shipment has to be taken place of several stages due to technical or logistic reasons, we will invoice shipment fee only once.
5. Retention of title
Dolphin Innovations will keep the property in goods until the payment is complete.
6. Payment, payment date, default of payment
The following payment methods are available:
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Credit card (Visa, MasterCard, American Express Card)
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Prepayment by bank transfer (bank transfers within the EU, pls. indicate our IBAN (International Bank Account Number) and our BIC (Bank Identifier Code)
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Bank transfers from outside the EU will also have to cover our additional bank charges due to international bank transfers
In particular cases, Dolphin Innovations keeps the right to exclude certain payment methods. Payment by cash or cheque can not be accepted. We exclude any liability for any losses.
Default of payment
In case a customer is in default with a payment, default interest of 5% above the base rate of the European Central Bank is payable and reminder charges at an appropriate level are payable for each reminder. A service fee will be charged for a reversal debit, which is caused by the customer.
7. Set-off, retention
Set-off rights of Customers are only accepted in case their counterclaim was assessed legally binding. Customers are only entitled to exercise a right of retention in case their counterclaim is based on the same contractual relationship.
8. Warranty conditions
The legal warranty period of two years starts with the delivery of the goods. Within this period, all defects which are subject to implied warranties are eliminated free of charge. Your right to warrantee is initially limited to a compensation delivery only. In case of a failure of this compensation, you have the right to cancel the contract or reduce the price.
Except otherwise stated, proceeding claims from the Customer - of whichever cause in law - are excluded. Dolphin Innovations therefore is not liable for damages which may occur not to the delivered good itself; in particular Dolphin Innovations is not liable for lost profit or any other assets of the Customer. In case the liability of Dolphin Innovations will be excluded or limited, this shall also apply to the personal liability of employees, representatives and assistants.
Aforesaid limitation of liability shall not apply if cause of loss will be based upon purpose or gross carelessness or in case of a personal injury. Furthermore this limitation shall not apply for claims based on §§ 1,4 of the German product liability law (Produkthaftungsgesetz).
In case Dolphin Innovations violates a contract-essential liability, the duty of replacement for material damages will be limited towards a typical damage arising.
Excluded from warrantee are damages which are based on elemental wear, improper use and a lack or incorrect care.
9. Privacy Policy
For the handling of your orders, we need some personal data for order processing. These data will be kept confidential and encoded in the highest possible way and transferred to us or third party companies contracted by us, using a SSL-server.
Personal data will only be collected according to the German data protection regulations.
The Customer obtains the right to receive information on the personal data stored by Dolphin Innovations at any time.
Der Kunde kann jederzeit Auskunft über die zu seiner Person gespeicherten Daten erhalten.
If requested so, personal data will be deleted if all orders are completed. In such a case, the customer shall send us an E-mail with an appropriate statement.
10. Applicable right
The law of the Federal Republic of Germany shall be applicable to all contracts made hereunder. The application of the "Convention on Contracts for the International Sale of Goods" (CISG) is excluded.
11. Place of performance and court of jurisdiction
Place of performance and court of jurisdiction for all claims arising of the contractual relationship and litigation is Hamburg.
12. Alteration of contract
Amendments or supplements to all contracts made hereunder must be made in writing.
If individual provisions of these General Terms and Conditions are ineffective, then this shall not affect the effectiveness of the remaining regulations.
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