Terms and Conditions of Delivery – Distance Selling – (General Terms and Conditions)
The Dauphin HumanDesign Group GmbH & Co. KG terms and conditions for contracts with businesses (“General Terms and Conditions”) – as of November 2023
General terms and conditions of delivery for contracts with businesses
Service and warranty terms and conditions for contracts with businesses
The Dauphin HumanDesign Group GmbH & Co. KG’s General Terms and Conditions for contracts with consumers (“GTC”) – as of November 2023
1. Scope
1.1. These General Terms and Conditions apply in their version valid at the time of the order to all deliveries and services of Dauphin HumanDesign Group GmbH & Co. KG (“Contractor” – “AN”) which are concluded via means of distance communication (§ 312 c para. 2 BGB).
1.2. These General Terms and Conditions apply to the deliveries and services (“Delivery”) of the Contractor to the Client (“Client”) on the basis of the order placed by the Client and accepted by the Contractor (Client and Contractor together “Parties”) (Order and Order Acceptance together the “Contract”).
1.3. For the purposes of these Terms and Conditions, only consumers can be considered clients. Consumers, as defined in § 13 of the German Civil Code (BGB), are natural persons who conclude contracts for purposes that are predominantly neither related to their commercial nor their professional activities.
2. Conclusion of the contract, formation of the contract
The offers and product presentations do not constitute a binding offer. Only the customer’s order constitutes a binding offer according to § 145 of the German Civil Code (BGB), which the supplier may accept. After the order is placed, the supplier will initially send the customer a non-binding order confirmation by email. Upon acceptance of the order by the supplier, the customer will receive an order confirmation by email within 3 business days of receipt of the order, at which point the contract is concluded.
3. Storage of the contract text
We save your order, the order details you entered, and the entire contract text. We will send you an order confirmation by email, followed by an order confirmation with all order and delivery details.
4. Right of withdrawal for consumers
The following right of withdrawal applies only to consumers in distance selling:
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Dauphin HumanDesign® Group GmbH & Co. KG, Espanstraße 36, 91238 Offenhausen/Germany, Email: info@dauphin-group.com , Fax: +49 9158 1007) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
Please note that the right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g paragraph 2 no. 1 BGB).
5. Specifications
Specifications of the goods delivered are set out in the sales documents (as defined in the following sentence) of the Contractor. “Sales documents” are all documents valid at the time of conclusion of the contract that the Contractor has prepared in connection with the distribution of the goods, in particular operating instructions and, in the brochures, the sections on options, (product) features, (product) equipment and material descriptions.
6. Reservation of self-supply
If the contractually agreed delivery is unavailable because the contractor has not received delivery from its own suppliers or the contractor’s stock for the delivery is exhausted, the contractor is entitled to withdraw from the contract. In this case, the client will be informed immediately that the agreed delivery is unavailable. Any payments already made by the contractor will be returned by the client immediately.
7. Delivery terms, transfer of risk
7.1. The contractor delivers exclusively within Germany.
7.2. Prices are valid from the supplier’s place of business (“place of performance”). The prices at the time of ordering apply. Postage and shipping costs will be calculated separately based on actual expenses.
7.3. If the failure to meet the agreed delivery deadlines is due to force majeure, e.g., mobilization, war, riot, terrorist events, pandemic, or similar events such as strikes, lockouts, or telecommunications disruptions, the deadlines shall be extended appropriately. The Contractor shall inform the Client of the delivery delay without undue delay.
8. Payment Terms
8.1. Invoices are due for payment immediately and without deduction.
8.2. The customer can pay the purchase price by EC card, credit card or PayPal, among other methods.
8.3. All prices are in EUR and include the applicable statutory value added tax.
9. Retention of title, rights to the delivery
The delivered goods remain the property of the contractor until all claims against the client arising from the contract have been satisfied.
10. Warranty
10.1. The employee is liable to the employer in accordance with the statutory provisions.
10.1.1. Subsequent performance does not start a new limitation period.
10.1.2. Claims for defects in quality expire 24 months after delivery of the goods, or, in the case of shipment, after delivery of the goods. For used products, the limitation period is reduced to 12 months from delivery of the goods, or, in the case of shipment, from handover of the goods to the transport company.
10.2. Warranty claims do not apply to damage that occurs after the transfer of risk, either (1) as a result of improper operation or handling, or (2) due to external influences not anticipated by the contract. If the customer makes improper modifications, no warranty claims exist for these modifications or their consequences.
10.3. Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular shipping costs, are excluded insofar as these are based on the fact that the delivery was subsequently moved to a location other than the delivery address.
11. Contract Adjustment & Force Majeure
If events of force majeure (4.2) significantly alter the economic significance or content of the delivery or have a significant impact on the Contractor’s operations, the contract will be appropriately adjusted in accordance with the principles of good faith. If such an adjustment is not economically feasible, the Contractor has the right to withdraw from the contract. If the Contractor intends to exercise this right of withdrawal, they will inform the Client immediately upon becoming aware of the extent of the event, even if an extension of the delivery period had initially been agreed upon with the Client.
12. Liability
12.1. The contractor is liable to the client without limitation for intent and gross negligence and in accordance with the provisions of the Product Liability Act. In cases of slight negligence, the contractor is liable for injuries to life, body, and health.
12.2. In other cases, the Contractor shall only be liable for slight negligence in the event of a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is a prerequisite for the proper performance of the contract and on whose compliance the other party relies. Liability for breach of such an essential contractual obligation is limited to the typical contractual damages that the Contractor could reasonably have foreseen at the time of conclusion of the contract based on the circumstances known at that time. This limitation of liability also applies to the Contractor’s vicarious agents, employees, and staff.
13. Written form
No side agreements to these terms and conditions have been made. Any amendments or additions must be in writing to be legally valid. The same applies to any waiver of this written form requirement.
14. Dispute Resolution
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
15. Partial invalidity
Should any of the foregoing provisions be or become wholly or partially invalid, the validity of the remaining provisions of the agreement shall not be affected. The parties shall, if necessary, replace the invalid provision with a valid provision that comes as close as possible to achieving the economic purpose intended by the invalid provision.
