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Terms & Conditions

 

For business relations between Dolphin Innovations GmbH (hereinafter called: "Dolphin Innovations") and its commercial customers (hereinafter called: "Customers", a commercial customer is every natural person that conducts a legal transaction for purposes that cannot be applied to either their commercial nor their self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, who, by conducting a legal transaction, acts within their commercial or self-employed professional activity.) 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 contractual partner is the Dolphin Innovations GmbH, if not explicitly stated otherwise.

The presentation of goods in our online shop is not a legally binding contract offer on our part, but a non-binding invitation to consumers to order the products offered. The products may be different from data published in the online shop.

First, you can put our products in the basket without obligation to buy and you are able to correct any information before sending your legally binding order by using the intended explanatory correction aids. By clicking the order button, you are creating a legally binding order of the products contained in the shopping basket. The receipt confirmation of your order will be sent out per E-Mail immediately after placing the order.

The order in our online shops shall occur following these steps:

    •  Selection of the desired product
    •  Confirmation of order selecting the “Add to Basket” button
    •  Verification in the shopping basket
    •  Confirmation with the “Proceed to checkout” button
    •  In the address field, the costumer has the possibility to log in as usual costumer or without registration
    •  The costumer can find the possible delivery options under the “Check & Order” menu
    •  Please choose the payment method you prefer
    •  Before the confirmation of online order, you have the possibility to check again your information
    • 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.

Address:
Dolphin Innovations GmbH
Rothenbaumchaussee 5
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: service@dolphin-innovations.de

Address:
Dolphin Innovations GmbH
Rothenbaumchaussee 5
D - 20148 Hamburg

Language of the contract, contract text storage
The available languages for the conclusion of the contract are German, English, Spanish and Italian.
We are saving the contractual text and are sending you the order details and our general terms and conditions via E-mail. You can review the contractual text in our customer login.

 

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 does 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 with an explicit declaration (i.e letter sent via post, telefax or E-mail) about the decision to withdraw the contract:

Contact information:
Dolphin Innovations GmbH
Rothenbaumchaussee 5
D – 20148 Hamburg

Telephon: 040 412 63 98 30
Telefax: 040 412 63 98 40

E-Mail: service@dolphin-innovations.de

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.

 

Withdrawal consequences 
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 note:
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 receipt 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 only deliver by way of shipment.

Collection of the products by the customer is 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 sent 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.

After shipment of the product a change by you or the customer service is no longer possible.

The price includes value-added taxes. For deliveries toward non-EU countries any value-added tax will be calculate.

In addition to the stated product prices shipment costs can incur. Further provisions regarding the potential shipping costs can be found under point 5 “Delivery”.

The dispatch succeeds through Giropay, Immediate Transfer, Credit card or PayPal within 7 working days (inside Germany) or 10 working days.

All orders are delivered DAP (delivery at place- excluding local customs & taxes).

For further question please contact us through: service@dolphin-innovations.de

 

5. Delivery

In case of technical or logistic problems during the delivery steps, we will calculate the costumer´s part of delivery costs once only.

The delivery takes place, after entrance of the amount to be paid of the order (inclusive dispatch, if these result) on our account.

Depending on the destination country and weight (quantity), shipping occur in the following ways:
DPD, UPS, DHL, POSTNL

 

6. Retention of title

Products shall remain Dolphin Innovations GmbH`s property until the payment of all claims.

 

7. Payment and default

In our online shop the following payment methods are available:

Giropay
If you decide to pay with giropay in the online shop, you will be guided safely from the online shop to the online banking of your bank or savings bank after entering your bank code. Here you log in as usual with your access data. After a successful login, you will automatically be shown a prefilled bank transfer, which already contains all the details of the purchase. All you need to do to make the transfer is enter a TAN. More and more banks and savings banks are offering you TAN-less payment, so that TAN entry is no longer necessary for amounts of up to EUR 30. The merchant receives a payment guarantee from your bank or savings bank immediately after successful transfer and can send the goods to you immediately.

Immediate Online Bank Transfer
No storage of customer data. No worries: With “Sofort Online Überweisung” you simply complete your order with your online banking data. Immediately afterwards you will receive a transaction confirmation and your order can be processed directly.

Credit Card (Visa, Mastercard, Maestro)
By placing your order, you are simultaneously transmitting your credit card information. After legitimizing you as the rightful credit card owner we request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction will be automatically conducted by your credit card company and your card will be charged.

PayPal
During the order process you are forwarded to the website of the online provider PayPal. To pay the invoice amount via PayPal, you have to be already registered or otherwise newly register, legitimize with your login data and confirm the payment instruction. After the order is placed in the online shop, we ask PayPal to initiate the payment transaction. The payment transaction will be automatically executed immediately afterwards. Further information is received during the order process.(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.)

Payment can be made by credit card, PayPal and/ or immediate online bank transfer. If credit card or PayPal is the chosen payment method, the amount will be charged once the order is placed. If, for whatever reason, it is not possible to charge the amount due, the order and the sales process will be automatically cancelled.

The currently accepted payment methods are: Visa and master card.

Please keep in mind that your credit card company might implement an additional authentication process for your payment, such as Verified by Visa or Master Card Secure Code.

We recommend that you use correct invoice data that exactly match your credit card statement.

To avoid fraudulent actions on the internet, the payment of the at www.truvirtu.com ordered products is being processed by secure servers of the respective bank on the internet. This bank is responsible for the storage of the data in relation to every order as well as the bank information and its automatic processing in a secure area.

All bank information as well as the number and the due date of the credit card etc. will be directly processed by the respective bank, which guarantees for the safety of the safety of the online transaction.

Dolphin Innovations GmbH has no access to the credit card data and is therefore not able store the information or process it in any other way.

 

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.

 

Payment defaults
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.

Information concerning potential additional guarantees that apply and their explicit conditions can be found with the respective product and on special information pages in the online shop.

Customer service:
You can reach our customer service for questions, reclamations and complaints on working days from 9 am to 6 pm under the phone number: +49 40 412 63 98 30, Fax: +49 40 412 63 98 40 as well as per E-mail: service@dolphin-innovations.de

 

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.

 

14. Liability

For claims due to damages that are caused by us, our employees and agents we bear unlimited liability

      • For injuries of life, the body or the health,
      • For intended or grossly negligent breach of duty,
      • For guarantee promises, as far as agreed, or
      • As far as the scope of application of the product liability law is open.

 

Upon violation of essential contract duties, whose fulfilment is needed to make the proper application of the contract possible and whose adherence the contractual partner is able to trust regularly (cardinal duties), through slight negligence by us, our employees or agents the liability is limited by amount to the foreseeable damage, whose occurrence has to be typically counted on. Furthermore, claims on compensation for damages are excluded.

 

15. Dispute resolution

The European Commission provides a platform regarding online dispute resolutions, which can be found here https://ec.europa.eu/consumers/odr.

We are neither obligated nor willing to participate in a dispute resolution with the help of a dispute resolution body.

 

 

General Terms and Conditions, January 2019

© 2019, Dolphin Innovation GmbH

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