General Terms & Conditions
For business relations between Dolphin Innovations GmbH (hereinafter called: "Dolphin Innovations") and its commercial customers (hereinafter called: "Customers") the following shall apply.
These General Terms of Business shall apply exclusively to business organisations (§ 14 Civil Code). All contracts and orders placed with Dolphin Innovations shall be executed solely in accordance with the following terms of business. Any customer supply and delivery, and payment conditions that deviate from these terms are not acknowledged, unless Dolphin Innovations has expressly agreed in writing to their application.
1. Validation of the contract
The presentation of goods in our online shop is not a legally binding contract offer on our part, but is only a non-binding invitation to consumers to order the products on offer. The products may be different from data published in the online shop.
The order in our online shops shall occur following these steps:
1) Selection of the desired product
2) Confirmation of order selecting the “Add to Basket” button
3) Verification in the shopping basket
4) Confirmation with the “Proceed to checkout” button
5) In the address field, the costumer has the possibility to log in as usual costumer or without registration
6) The costumer can find the possible delivery options under the “Check & Order” menu
7) Please choose the payment method you prefer
8) Before the confirmation of online order, you have the possibility to check again your information
9) Crossing the field “I have read and accept the general terms and conditions” and selecting the confirmation button, the costumer stipulates a commercial contract with Dolphin Innovations GmbH and accepts the general terms and conditions.
The acceptance of the order (and contract) with Dolphin Innovations GmbH succeeds in any case through consignment of the ordered product.
2. Partner Identity
The contract is held only by the Dolphin Innovations GmbH.
Dolphin Innovations GmbH
D - 20148 Hamburg
District court Hamburg HRB 71277
UST-ID: DE 201 642 476
Tax-number : 57 / 875 / 01747
Managing Director: Thomas Wingerter
For other information, please write to:
Dolphin Innovations GmbH
3. Right of withdrawal
The costumer is entitled to cancel the contract with the seller within 14 days without the requirement to specify reasons by providing written notice (e.g. letter, fax, e-mail). The deadline for the revocation amounts to 14 days, after the day of order confirmation by the costumer or on behalf of a third party. This period do not start, until the contract will not be blinded with the product payment.
In order to exercise the right of withdrawal, the costumer has to inform us:
Dolphin Innovations GmbH
D - 20148 Hamburg
Telephon: 040 412 63 98 30
Telefax: 040 412 63 98 40
About his decision to revoke the contract. In alternative, the costumer can filled the attached withdrawal document.
To safeguard the withdrawal period it is sufficient to send a communication concerning the revocation, before the end of the withdrawal period.
If the costumer withdraws from this contract, we will reimburse all payments we received from him, including the shipping costs (with the exception of any additional costs arising from the fact that the costumer has chosen a different method of delivery, from the ones we offer), and repay immediately or latest within fourteen days from the date on which the withdrawal notification has been received. For this repayment we use the same method of payment that the costumer used in the original transaction, unless an expressed request; in any case the costumer will be charged fees for this repayment. We may withhold reimbursement until we have received the returned goods back, or until the costumer has demonstrated that the goods have returned.
The costumer has to return the goods immediately and, in any case, not later than fourteen days from the date on which he inform us about the cancellation of this contract. The deadline is guaranteed, if the costumer sends back the goods before the end of the deadline.
The costumer bears the delivery costs needed to send back the goods.
The costumer has to pay for possible loss of value, only if this value loss is attributed to a quality test of the product and its functions.
For the rest, the costumer can avoid the compensation duty, by not using the goods as an owner and refrain from doing anything which reduces their value. Transportable items are to be returned.
The costumer can find all information regarding withdrawal requirements in the note added in the shipment.
Please make sure that you send only back parcels with DDP Incoterms (Delivery & Duty Paid) – means shipment and duty paid - together with this return note and have the return eceipt stamped at the post office. Please keep your receipt of sending the item back to us until your account has been credited. You will be responsible for the cost of returning goods, so Delivery & Duty has to be paid from your side at post office before sending back.
Please send back the product with the original package to us – so that we can quickly check it
In order to improve our service, please put in the package a certificate of return with the withdrawal reason
Please use a stamped package and the attached paper for returning products, where you shall write your reasons of return.
Refund A refund will be credited back to the payment method used in the order. Refunds are usually fulfilled about 10 days after processing the returned order in our office. Please note that the period may be extended due to the processing time of the respective bank.
4. Delivery and preparation to delivery
Deliveries to a post office box or stations are not possible.
We send our products as long as they are available. Dolphin Innovations GmbH is allowed to withdraw, if a supplier of Dolphin Innovations GmbH does not deliver the ordered goods. In this case the costumer will be immediately informed, that the ordered product is not available. The paid price will be immediately refunded.
Unless the agreements do not change, the ordered product will be send to the address that the costumer selected for the delivery. Information about the delivery deadline are not guaranteed, unless the costumer specified it in written form. A correct delivery address is required. If the given address is incomplete or incorrect, a delivery of the package is not possible. Charges for returning the parcel to the sender are borne by the customer.
The price includes value-added taxes. For deliveries toward non-EU countries any value-added tax will be calculate.
The dispatch succeeds through the following payment methods:
Credit card or PayPal, within 7 working days (inside Germany) or 10 working days.
Cash in advance / Bank transfer to our bank account, within 7 working days (inside Germany) or 10 working days.
Please have a look into the countrylist. If you are in countrygroup 6, 7 and 8 the shipping time may last between 2-4 weeks. This depends on the delivery periods of Deutsche Post as well as on your local shipping provider within the target country.
All orders are delivered DAP (delivery at place- excluding local customs & taxes)
Courier Service (DPD, UPS)
Delivery time after leaving warehouse 3-4 days
Courier Service International (DPD, UPS)
Delivery time after leaving warehouse 4-9 days
Standard Mail Service (German Mail/DHL)
Delivery time after leaving warehouse 2-4 weeks
5. Delivery costs
If you are keen on free Shipping please note that orders over a value of 100.00 € will be sent via the Standard Mail Service (German Mail/ DHL).
In case of technical or logistic problems during the delivery steps, we will calculate the costumer´s part of delivery costs once only.
All the delivery costs in the following schema:
*Please note that we do not sell to the following countries:
Africa: Angola, Cameroon, Nigeria, Ethiopia, Gabon, Liberia, Ivory Coast
Americas: Columbia, Chile, Bolivia, Peru, Puerto Rico, Nicaragua, Guatemala, El Salvador
Asia: Afghanistan, Myanmar, Cambodia, Nepal, Philippines, North Korea, Pakistan
Europe: Ireland, Czech Republic, Netherlands, Portugal, Luxembourg, Liechtenstein
Middle East: Jemen, Kuwait, Jordan, Syria, Egypt
Deliveries occur in the following ways:
within Germany and in group 1 with courier service DPD/ UPS
for countries in groups 2-9 with Deutsche Post (DHL) or DPD
6. Retention of title
Products shall remain Dolphin Innovations GmbH`s property until the payment of all claims.
7. Payment and default
Payment will be successful by:
Credit Card (Visa, Mastercard, American Express Card)
PayPal (If the order is payed via PayPal: a cancellation causes costs of 5,2 % of the invoice value. That makes up exemplarily 5,20 € at an order value of 100 €. The cost for cancellation bears the customer.)
Bank transfer (for bank transfer inside EU countries, please add in the invoice IBAN (International Bank Account Number) and BIC (Bank Identifier Code) codes. For bank transfers from Switzerland the costumer has to pay in addition all fees required by his and our bank for foreign payments.
Dolphin Innovations GmbH reserves the right to exclude other payment methods.
The payment by sending cash or checks is not possible. We exclude liability for any losses.
In case of successful returns, the invoice amount can be accordingly reduced.
If the customer should be late with a payment, interest shall accrue on the outstanding amount at the rate of 5% above the prime rate of the European Central Bank and a reasonable reminder charge shall be assessed for each reminder.
Furthermore, in case of charge back, chargeable to the customer, an appropriate processing fee shall be assessed.
8. Compensation and withholding
The right of set off is available only if claims are legally established or recognized by Dolphin Innovations GmbH. In addition, the costumer is only entitled to exercise a right of retention, if the claim is based on the same contractual relationship.
Sales prices listed include VAT in Germany (19%). This is valid for deliveries within Germany and the EU countries. For deliveries to non-EU countries, no VAT is included on the selling prices.
9. Warranty Claims and Liability for Damages
Dolphin Innovations GmbH calculates 2 years of warranty, starting from the handing-over of the product. During this time all defects that are subject to the lawful duty of performance of warranty are repaired free of charge. The duty of performance of warranty is initially limited to supplementary performance. In the event of failure of supplementary performance, the customer at its discretion has a right to withdraw from the purchase contract or to a price reduction.
Unless otherwise provided in the following, any other customer claims – regardless of their legal basis – are excluded. Dolphin Innovations therefore is not liable for damages that do not arise from the supplied object; Dolphin Innovations is especially not liable for lost profits or for other intangible damages of the ordering party. Inasmuch as Dolphin Innovation's liability is excluded or limited, this applies also to personal liability of its employees, representatives or its servants or vicarious agents.
The aforementioned limitation of liability does not apply if the cause of the damages is malice or gross negligence or is personal injury. Further, it does not apply if the customer brings claims pursuant to §§ 1, 4 of the Product liability Law.
Inasmuch as Dolphin Innovations negligently breaches an obligation that is essential to the contract, the duty to compensate for property damage is limited to the typically occurring damages.
Exempt from the warranty are damages that are due to natural wear, improper use and absent or incorrect care.
10. Data Protection
When one of our products is ordered, we need costumer´s data to process the order. These data will remain strictly confidential, encode through the SSL-Server and used only by our company and by who is involved in the order processing.
Personal data are collected according to the Federal Data Protection Act and the Teleservices Data Protection Act.
The costumer agree to let us share his address with Deutsche Post AG (according to § 4 of Postal Service Privacy Regulation).
The costumer can obtain information about his data at any time.
When request, customer`s data can be deleted, as long as all the ordered has been settled. In this case, the costumer shall send us an email with his deletion request.
11. Governing Law
This agreement shall be interpreted in accordance with the laws of Germany, to the exception of the UN commercial code.
12. Place of performance
The place of performance and jurisdiction for all claims and legal controversy arising from the contractual relationship shall be Hamburg (Germany). This jurisdiction shall apply only to the merchants.
13. Modification of the contract
Modifications or any differences with the version previously agreed shall be notified in text form. If one of the foregoing provisions is wholly or partly ineffective, the validity of the remaining provisions shall not be affected.
© 2018, Dolphin Innovation GmbH