General terms and conditions for consumers
Dolphin Innovations GmbH
Phone: +49 (0) 40 412 63 98 30
Fax: +49 (0) 40 412 63 98 40
registered in the Commercial Register of the Hamburg District Court under HRB 71277, represented by the sole Managing Director Thomas Wingerter, VAT Identification No.: DE 201 642 476
- hereinafter referred to as "Provider" - -
§ 1 Scope of application, delivery restrictions, definitions
(1) These terms of contract apply to contracts between you as a customer and the provider. This includes in particular contracts which are concluded between the provider and the customer via the internet address www.truvirtu.com (hereinafter also referred to as webshop) using the online ordering procedure offered there.
(2) These terms and conditions of contract apply in their current version exclusively to consumers, and the contract with the customer includes those terms and conditions of contract which are displayed or made available to the customer at the time of his order and whose acknowledgement the customer confirms.
(3) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.
(4) Distance contracts are contracts in which the entrepreneur or a person acting in his name or on his behalf and the consumer use exclusively means of distance communication for the contract negotiations and the conclusion of the contract, unless the contract is not concluded within the framework of a sales or service system organised for distance selling.
§ Section 2 Conclusion of contract
(1) The presentation and advertising of articles does not constitute a binding offer to conclude a contract. The conclusion of a contract is effected in the case of the use of the web shop by the customer transmitting a payable order (offer) of the goods selected via the online ordering procedure to the vendor and the vendor submitting a declaration of acceptance related to this. The more detailed terms and conditions of the conclusion of the contract via the web shop are regulated in the following sections. In all other cases, a contract between the Supplier and the Customer is concluded by an offer made by the Supplier to the Customer and a declaration of acceptance by the Customer.
(2) The following delivery restrictions exist: The provider delivers only to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country:
Germany, A. Samoa, Afghanistan, Albania, Algeria, Andorra, Angola, Anguilla, Antarctica, Antigua Barbuda, Arab Emirates, Argentina, Armenia, Aruba, Azerbaijan, Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bosnia Herzegovina, Botswana, Brazil, Brunei, Brunei Durassalam, Bulgaria, Burkina Faso, Burundi, Chile, China, Costa Rica, Dominica, Dominican Republic, Djibouti, Denmark, Ecuador, Ecuador, Ivory Coast, El Salvador, Eritrea, Estonia, Falkland Islands, Fiji, Finland, Fr. Guyana, Fr. Polynesia, Fr. South Arctic Territories, France, Faeroe Islands, Gabon, Gambia, Georgia, Ghana, Gibraltar, Grenada, Greece, Greenland, Guadeloupe, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, United Kingdom Haiti, Honduras, Hong Kong, India, Indonesia, Iraq, Iran, Ireland, Iceland, Israel, Italy, Jamaica, Japan, Yemen, Jersey, Jordan, Virgin Islands(British), Cambodia, Cameroon, Canada, Canary Islands, Cape Verde, Kazakhstan, Qatar, Kenya, Kyrgyzstan, Kiribati, Colombia, Comoros, Congo, Croatia, Cuba, Kuwait, Laos, Lesotho, Latvia, Lebanon, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macao, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Morocco, Martinique, Mauritania, Mauritius, Mayotte, Macedonia, Mexico, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Mozambique, Myanmar, N. Antilles, Namibia, Nauru, Nepal, New Caledonia, New Zealand, Nicaragua, Netherlands, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn, Poland, Portugal, Rwanda, Romania, Russia, Solomon Islands, Zambia, Samoa, Saint Helena, San Marino, Saudi Arabia, Sweden, Switzerland, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, Spain, Sri Lanka, Saint Helena, St. Petersburg, Zambia, Zimbabwe Kitts and Nevis, St.Lucia, St.Vincent and the Grenadines, Sudan, Suriname, Swaziland, Syria, South Africa, South Korea, Tajikistan, Taiwan, Tanzania, Thailand, Togo, Tonga, Trinidad, Tobago, Chad, Czech Republic, Tunisia, Turkmenistan, Turks and Caicos Islands, Tuvalu, Turke Uganda, Ukraine, Hungary, Uruguay, USA, Uzbekistan, Vanuatu, Vatican City, Venezuela, United Arab Emirates, Vietnam, Wallis and Futuna, Belarus, Central African Republic, Cyprus, Egypt, Equatorial Guinea, Ethiopia, Austria.
(3) The customer can transmit his order to the provider by means of the following technical steps:
- The customer can select goods in the "Shop" section and have the relevant article page with the relevant descriptions displayed. The delivery time of the article is shown to the customer on the article page.
- The customer can collect the selected item in the virtual shopping cart by clicking on the "Add to cart" button.
- The customer can display the collected articles at any time by clicking on the "Shopping Cart" button.
- When the customer clicks on the "Checkout" button, he or she is taken to the ordering process. At this point the customer can change the number of items ordered and/or remove individual items completely from the order selection.
(4) In the section "Your Address" the Customer can enter his title, first and last name, the status as a private or business customer, the billing address, the delivery address, the e-mail address and a password. If the customer indicates that he/she is ordering as a business customer, these contractual terms and conditions do not apply. The password must only be entered by the customer if he wishes to create a customer account. If the customer already has a customer account with the supplier, he can log in with his e-mail address and password.
In the section "Payment Method & Shipping Method" the customer can make a selection from the offered payment methods. The items relevant for the order as well as the item prices, their totals and shipping costs are displayed to the customer in the section "Review and Order". In this section the customer can change the billing and delivery address as well as the payment method. After the Customer has confirmed that he/she has read the General Terms and Conditions of Business by clicking the checkbox, he/she can submit his/her order to the Provider by clicking the "Order subject to payment" button.
If the order is successfully transmitted, the Provider confirms receipt of the order by displaying a new page to the Customer after completion of the order process, which contains an order overview together with the order number and the order details. The contract between the customer and the provider is concluded by the provider's submission of the declaration of acceptance, which is sent by e-mail (order confirmation) to the e-mail address of the customer specified in the ordering process. With the same e-mail the offerer confirms at the same time again the entrance of the order (receipt confirmation).
(5) In the order confirmation, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, these terms and conditions and the order confirmation) is sent to the customer on a permanent data carrier (e-mail or paper printouts) (contract confirmation). The text of the contract will be stored by the provider in compliance with data protection. However, the customer cannot call up this contract text via the web shop.
(6) The contract is concluded in German, English, French or Italian or Spanish. Other languages are not available.
§ 3 Terms of payment
(1) Unless otherwise agreed, the customer is obliged to make advance payment, i.e. he is obliged to make full payment before delivery of the goods. Payment of the purchase price is due immediately upon conclusion of the contract.
(2) If the customer uses the web shop, the provider will indicate to the customer the available payment methods during the ordering process. Before initiating the ordering process, the Customer can view the payment methods offered at any time in the section "Shipping and Payment Terms".
(3) The statutory provisions shall apply to the occurrence of default in payment. The customer is referred to the legal regulation according to § 286 para. 3 BGB (German Civil Code), according to which he is in default at the latest if he does not pay within 30 days after the due date and receipt of an invoice or equivalent payment schedule.
(4) The Customer's obligation to pay interest on arrears does not exclude the Provider from asserting further damages caused by default.
§ 4 Delivery time, retention of title, collection
(1) Unless otherwise stated by the supplier for the respective article, the delivery time is up to 4 weeks in the case of delivery to Germany and countries of the EU, otherwise up to 6 weeks. Delivery times stated by the supplier begin with the time of the order confirmation and, if the supplier is obliged to make advance payment (see § 4 paragraph 1), after the customer has made full payment.
(2) Until full payment has been made, the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices quoted in the web shop are inclusive of the applicable statutory value added tax.
(2) The shipping costs are calculated for the customer during the ordering process and are to be borne by the customer, unless the customer exercises his right of revocation.
(3) The goods are dispatched by post.
(4) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
§ 6 Warranty for material defects
The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.
§ 7 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract (in the present case, among other things, the delivery of a defect-free item and the procurement of ownership thereof).
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the Provider's legal representatives and vicarious agents if claims are made directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The regulations of the product liability law remain unaffected.
§ 8 Revocation instruction
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, about which the supplier provides information below in accordance with the statutory model (see paragraph 2). In paragraph (3) there is a sample revocation form.
(2) Right of revocation
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods. In order to exercise your right of revocation, you must inform us (Dolphin Innovations GmbH, Rothenbaumchaussee 5, 20148 Hamburg, Germany, phone: +49 (0) 40 412 63 98 30, fax: +49 (0) 40 / 412 63 98 40, e-mail: firstname.lastname@example.org) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
The right of revocation does not apply to the following contracts:
contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. If the goods cannot be returned normally by post due to their nature, the cost of returning the goods is estimated at a maximum of approximately 150 EUR. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their nature, properties and functioning.
(3) Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back).
To: Dolphin Innovations GmbH
Fax: +49 (0) 40 / 412 63 98 40
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of communication on paper)
( * ) Delete as applicable.
§ Section 9 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(2) The contract shall remain binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
(3) Note on online dispute resolution according to Art. 14 para.1 REGULATION (EU) No. 524/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 May 2013 (ODR Regulation). The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr [The link must be clickable]. This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The e-mail address of the provider is: email@example.com.
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