General Terms and Conditions of DOLFINOS Ltd for the Onlineshop <www.dolfinos.com>
- Scope and Validity
1.1.The purchase of products from the online shop <www.dolfinos.com> („Onlineshop“), which is operated by DOLFINOS Ltd, a company registered in the Commercial Register of the Canton of Aargau, Switzerland, under the company number CHE-408.777.608 with corporate seat in Baden and address at Bruggerstrasse 37, 5400 Baden („DOLFINOS Ltd“) is exclusively regulated pursuant to the present general terms and conditions („GTC“) and DOLFINOS Ltd’s Data Protection Statement. These GTC and the Data Protection Statement are considered accepted by the customer when the customer places an order. Should the customer not want to accept the present GTC and Data Protection Statement, the customer must refrain from placing an order.
1.2. These GTC and Data Protection Statement can be amended by DOLFINOS Ltd at any time. The customer should therefore check the GTC and Data Protection Statement before each new order. The customer is bound by the current general GTC and Data Protection Statement when placing an order.
- Order and Delivery
2.1. The product display in the Onlineshop does not constitute a binding offer to conclude a purchase agreement, instead, it is merely a non-binding online catalogue of DOLFINOS Ltd products. The customer's order represents a binding offer to purchase, which DOLFINOS Ltd accepts, upon availability, by sending an order confirmation by email.
2.2. The ordered products will be dispatched after the full purchase price according to Section 3.1. of these GTC has been credited to the account of DOLFINOS Ltd, whereby no delivery period is guaranteed.
2.3 The risks pass to the customer upon the handing over of the ordered products for delivery by DOLFINOS Ltd to the delivery company.
- Price and Payment
3.1. The prices displayed in the Onlineshop at the time of the placement of the order apply. The prices are given in CHF. In addition, the applicable statutory value-added tax and customs duties and surcharge for certain payment methods, if applicable, as well as the packaging and delivery costs apply. If the shipping address is located in Switzerland or in Liechtenstein, the additional costs are added at the end of the ordering process and are all shown in the order overview before the order is sent. For deliveries to any country not listed above statutory value-added tax and customs duties must be paid by the recipient upon delivery of the order.
Exempt from the above are orders with a total amount below 135£ and with shipping address in the UK. The additional costs are also added at the end of the ordering process and are all shown in the order overview before the order is sent.
3.2 Payments must be made by credit card (Mastercard, Visa or American Express), direct bank transfer or through PayPal upon the order. After submitting the order the customer shall be forwarded to the website of the credit card company, direct payment or Paypal for payment.
- Right of Withdrawal and Money Back
4.1 The customer is entitled to gently test the products, verify their condition, features and functioning, and withdraw from the purchase contract within 15 days. The customer may exercise its right of revocation within 15 days of delivery of the product. In order to exercise this right of withdrawal, the customer must notify DOLFINOS Ltd of the withdrawal by email to firstname.lastname@example.org (with reference to the order number) plus by return of the delivered product to the adequate address which can be found in the shipping and return policy. In order to exercise his right of revocation, the customer shall return the product within 15 days of delivery, at its own costs and expenses. Items lost in transportation will not be compensated for.
4.2 If the customer withdraws from the purchase, DOLFINOS Ltd will reimburse any payments received from the customer excluding delivery costs, packaging costs after receipt of the withdrawal notice and of the returned product within 15 days by reimbursement via the payment method used for the original transaction, subject to Section 4.3 of these GTC.
4.3 DOLFINOS Ltd is entitled to withhold or reduce the reimbursement if the returned product is damaged and the damage is attributable to any use or handling of the product by the customer which is not deemed necessary in order to verify the condition, features and functioning of the product.
- Defects and Warranties
5.1 The Customer represents and warrants that he/she will use the products in strict accordance with the instructions for use issued by DOLFINOS Ltd.
5.2 DOLFINOS Ltd guarantees to the customer that the products correspond with the description in the Onlineshop and further guarantees that the products’ supporting elements have no defects following material deficiency or manufacturing errors significantly diminishing the product’s value or its suitability for a period of 2 years from the transfer of the risk pursuant to Section 2.3 of these GTC. Any further warranty is excluded, in particular: Should a customer have an individual allergy to the material of the products or suffer pain due to posture, the customer is solely responsible. The customer must immediately after receipt examine the product for obvious defects. The assertion of obvious defects is excluded 15 days after receipt of the products. In order to exercise its right to the warranty for defects, the customer must return the product by registered mail to DOLFINOS Ltd with reference to the correct order and invoice number and an exact written description of the defect. The guarantee period for the product shall neither be extended nor renewed as a result of the provision of services under the guarantee.
5.3 Defects in non-supporting elements of the products, damages caused by improper treatment of the products respectively different than instructed in the product manual and shown in the tutorial videos (available under «Tutorial Video» in the Onlineshop), damages caused by negligent treatment of the products, the use of unsuitable accessories or changes made to the original parts by the customer or a third party, signs of wear and tear from normal use, as well as slight deviations from the intended state which do not significantly affect the product’s value or its suitability for use are not covered by the warranty.
5.4 Product defects which are recognised by DOLFINOS Ltd as being subject to the guarantee obligation shall be remedied as follows at DOLFINOS Ltd’s sole discretion: (a) the defective product is repaired free of charge, or (b) the defective product is replaced with a fully functional product or a subsequent model if necessary, or (c) withdrawal from the purchase contract and refund of all payments received from the customer for the defective product. Products and components which have been replaced shall become the property of DOLFINOS Ltd.
5.5 Only DOLFINOS Ltd’s customers can assert claims under this guarantee; the claims are non-transferable.
6.1. DOLFINOS Ltd shall be liable to the customer exclusively for damages caused to the customer as a direct result of its fault in the performance of its obligations under these GTC.
6.2. The liability of DOLFINOS Ltd is limited to the amount of the purchase price paid by the customer.
6.3. Notwithstanding Section 6.1, to the maximum extent permitted under applicable law, DOLFINOS Ltd disclaims any liability towards to customer based on simple negligence as well as for any indirect or consequential damages (including damages on the instruments), loss of profits and loss of data or business interruption.
- Intellectual Property
The Onlineshop, the content published thereon and the products are and remain the intellectual property of DOLFINOS Ltd or its contractual partners. The Onlineshop and its content may be used for ordering from the Online shop, the purchased product exemplars are transferred to the customer for use and further transfer at the discretion of the customer. Any other use by the customer is prohibited, in particular the copying and distribution of copies.
- Applicable law and Forum of Jurisdiction
8.1. Swiss substantive law is applicable to the relationship between DOLFINOS Ltd and the customer, conflict of laws rules and treaties, in particular the United Nations Convention on the international sale of goods, are excluded.
8.2. The exclusive jurisdiction shall be with the ordinary courts at the seat of DOLFINOS Ltd.
- General Provisions
9.1. Notices and deliveries from DOLFINOS Ltd to customers shall be deemed valid if they are sent to the address communicated by the customer to DOLFINOS Ltd in the purchase order.
9.2. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. Ineffective provision(s) shall be replaced by provision(s) which come as close as possible to the intended economic purpose of the ineffective provision(s).