Terms and Conditions
TABLE OF CONTENTS
- These Terms
- Information About Us And How To Contact Us.
- Our Contract With You
- Our Products
- Your Rights To Make Changes
- Our Rights To Make Changes
- Providing The Products
- Your Rights To End The Contract
- How To End The Contract With Us – Cancelation/Revocation
- Our Rights To End The Contract
- If There Is A Problem With The Product
- Price And Payment
- Our Responsibility For Loss Or Damage Suffered By You
- How We May Use Your Personal Information
- Other Important Terms
1. These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information About Us and How to Contact Us
2.1 Who we are. We are Hungry Dolphin GmbH, a company registered in Germany with registration number 193417, with its registered address at TriesterStr. 73, 81669 München, Germany.
2.2 How to contact us. You can contact us by telephoning our customer service team at +49 151 22 333 400 or by writing to us at email@example.com.
2.3vHow we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our Contract With You
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our Products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your Rights to Make Changes
5.1 You cannot make changes to the products. Unfortunately, we cannot make changes to the products. They are sold as advertised.
6. Our Rights to Make Changes
6.1 Minor changes to the products. We may change the product to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Providing the Products
7.2 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.3 When we will provide the products. During the order process we will let you know when we will ship the products to you:
Depending on the product, we usually ship our products within 6 weeks.
During high shopping seasons, holidays or important festivities we may experience slight delays in our shipping times.
Once the order has shipped, they product should usually reach you within 90 days.
If the product is a one-off purchase of digital content, we will make it available for download by you as soon as we accept your order.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received, provided that the goods have not been dispatched.
7.5 We are not responsible for any customs fees:
International shipments may incur customs fees and sometimes unexpected situations over which we or our printing partners have no power.
For each country customs fees are different, depending on different factors such as factors like weight, value, and size.
An item may be “held” at customs until you to pay the relevant customs fee or for other reasons, such us if you do not pick it up on time, in which case it may be sent back to us. If this happens and you want to have it re-sent, you will need to pay the re-shipping cost. We will not accept refunds if you fail to pay the re-shipping cost.
7.6 When you become responsible for the goods. A product which is goods will be your responsibility from the time we ship the product to the address you gave us.
7.7 When you own goods. You own the product once we have received payment in full.
7.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
if we suspect that there is something wrong with transaction, such as that the transaction was fraudulent.
8. Your Rights to End the Contract
8.1 You can end your contract with us if it was not sent to production. You can exercise you right to end the contract but, this will be at our discretion, and will ultimately depend on whether it was sent to production. If it was sent to production, you would not be entitled to end the contract.
8.2 You can obtain a refund. You would be entitled to a refund only where we were able to cancel the order in time (if production has not yet started), or the product was misprinted or is faulty.
9. How to End the Contract With Us
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at the address that will be stipulated by us at the time via email. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 You will pay the costs of return. In all circumstances you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, if we find that your actions have decreased the value of the products.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 20 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible.
9.8 Cancelation Form: (Optional)
Hungry Dolphin GmbH
Cancelation of the folowing service and or goods:
Date Ordered on ____________
Date received on __________________
10. Our Rights to End the Contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due; or
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We refund any sums you have paid in advance for products which will not be provided.
11. If There Is a Problem With the Product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us.
11.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. You will pay the costs of postage. Please email us for a return label.
12. Price and Payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with credit and debit cards (as these are indicated before you place your order), PayPal, Stripe, Amazon Pay, Apple Pay, Shopify Payments or SOFORT.
12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12.6 How we treat vouchers. The following terms are applicable for gift vouchers:
All gift vouchers are valid for 3 years from the date of purchase. This period is not extendable. Vouchers not redeemed within this timeline will be cancelled and forfeited, with no right to refund, return or exchange.
Gift vouchers can be used a full or part payments for products on our store.
Gift vouchers can be transferred to third parties.
Purchases made with gift vouchers are not refundable in cash.
Gift vouchers are not refundable in cash or replaceable if lost or stolen.
13. Our Responsibility for Loss or Damage Suffered By You
13.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation, and for defective products.
13.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How We May Use Your Personal Information
15. Other Important Terms
15.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by German law and you can bring legal proceedings in respect of the products in the German courts of Bavaria.