Terms and Conditions

1. Contractual Partners, Scope of Application

  1. The contractual partners within the scope of the following General Terms and Conditions are

    Dodo Beach GmbH
    Vorbergstraße 8
    D-10823 Berlin
    Phone: +49 (0)30 – 30 10 6 80 80

    (hereinafter referred to as „Dodo Beach“), and the customer. Further information on Dodo Beach’s contact details and legal representation can be found in the provider identification.
  2. All deliveries and services provided by Dodo Beach to customers are made exclusively on the basis of the following General Terms and Conditions in their valid version at the time of ordering.
  3. Any differing terms and conditions are hereby objected to. Other regulations than those contained herein shall only become effective with the express agreement of a managing director of Dodo Beach and the respective customer. All communication in the context of declarations relevant to the contract shall be in German.

2. Conclusion of Contract

Your order constitutes an offer to Dodo Beach to conclude a purchase contract. When you place an order with Dodo Beach, we will send you an email confirming receipt of your order and detailing its specifics. This order confirmation does not constitute acceptance of your offer but is only intended to inform you that we have received your order. A purchase contract is only concluded when we dispatch the ordered product to you.

3. Prices

  1. All prices quoted include the respective applicable statutory value-added tax (currently 19 percent) without packaging and shipping costs at the time of ordering.
    Despite our best efforts, a small number of products in our catalog may be priced incorrectly. We will check prices when processing your order and before charging payment. If a product is priced incorrectly and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask if you want to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price stated by us, we will charge the lower amount and send you the product.
  2. Packaging and shipping (shipping costs) for delivery will be charged separately. Different costs apply depending on the place of delivery. The amount of the respective packaging and shipping costs is summarized under the „Shipping Costs“ table.
  3. For orders by cash on delivery, separate cash on delivery fees will be charged. The amount of the fees is also determined in the „Shipping Costs“ section.
  4. All prices mentioned, including packaging and shipping, are only valid at the time of ordering. With the update of Dodo Beach’s internet pages, all previous prices and other information about goods become invalid. The version valid at the time of ordering shall prevail.

4. Payment Conditions

Payments are made by bank transfer, cash on delivery, direct debit, or PayPal.

  1. If you have chosen direct debit (bank debit), you confirm that your account has sufficient funds.
  2. The same applies to cancellation costs incurred for dishonored and/or withdrawn credit card payments.

5. Right of Withdrawal – Contracts for the Delivery of Goods

If the customer is a businessman (§ 14 BGB), he has no right of withdrawal and return according to § 312d BGB in conjunction with §§ 355, 356 BGB. The right of withdrawal applies only to consumers within the meaning of § 13 BGB (any natural person who concludes a legal transaction for purposes that cannot be attributed to their commercial or independent professional activity).

Right of Withdrawal
You have the right to cancel your contract within 14 days without giving any reason in writing (e.g., letter, fax, email) or – if the goods are handed over to you before the deadline – by returning the goods. The withdrawal period begins upon receipt of this instruction in writing, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our obligations to provide information pursuant to § 312c (2) BGB in conjunction with § 1 (1), (2), and (4) BGB-InfoV as well as our obligations pursuant to § 312e (1) sentence 1 BGB in conjunction with § 3 BGB-InfoV. To comply with the withdrawal period, it is sufficient to send the withdrawal or the goods in time.

The withdrawal must be sent to:

Dodo Beach GmbH
Vorbergstraße 8
D-10823 Berlin
Phone +49 (0)30 – 30 10 6 80 80 (Mon-Sat 1-6 pm)

Consequences of Withdrawal
If you withdraw from this contract, we must refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

Exclusion of Withdrawal

  • The right of withdrawal does not apply to distance contracts
  • for the delivery of goods that are made to customer specifications or clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiry date would be exceeded,
  • for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the consumer, or
  • for the delivery of newspapers, periodicals, and magazines.

6. Delivery Terms / Default of Acceptance

  1. Delivery is made by dispatch from the supplier’s warehouse on behalf of Dodo Beach or directly by Dodo Beach to the delivery address provided by the customer.
  2. The availability of goods and their dispatch time result from the individual contractual agreement between Dodo Beach and the customer. The information relates to the time of dispatch by Dodo Beach, not the time of receipt by the customer. Statements about delivery times are non-binding unless the delivery date has been expressly and in writing guaranteed. Each delivery is subject to the reservation that Dodo Beach itself is supplied on time and properly; the following paragraphs apply.
  3. If a product ordered by the customer is unexpectedly not available despite timely disposition for reasons not attributable to Dodo Beach, Dodo Beach will immediately inform the customer of the non-availability and, in the event of withdrawal, refund any payments already made without delay.
  4. If Dodo Beach is in default of delivery or if delivery becomes impossible for reasons for which it is responsible, and this is not due to intent or gross negligence, liability for damages is excluded. This does not apply to damages to life and limb.
  5. If delays in delivery are due to reasons for which Dodo Beach is not responsible (force majeure, third-party fault, etc.), the deadline will be extended appropriately. The customer will be informed of this immediately. If the causes of the delay last longer than four weeks after the conclusion of the contract, each party is entitled to withdraw from the contract.
  6. Delivery is subject to a flat-rate packaging and shipping fee (§ 3 (2)), the exact amount of which is separately indicated for each delivery.
  7. If it is a consumer goods purchase, the risk of accidental loss or deterioration is borne by Dodo Beach.
  8. If delivery to the purchaser is not possible because the purchaser is not found at the delivery address provided by him, although the delivery time has been announced to the purchaser with reasonable notice, the purchaser bears the costs of the unsuccessful delivery.

7. Retention of Title

  1. The ordered goods remain the property of Dodo Beach until full payment has been made.
  2. Prior to the transfer of ownership, resale, rental, pledging, transfer by way of security, processing, other disposal, or transformation without the express consent of Dodo Beach is not permitted.

8. Warranty / Liability

If subsequent performance is carried out by way of replacement delivery, the purchaser is obliged to return the originally delivered goods to Dodo Beach within 30 days. Dodo Beach bears the costs for this. The return of defective goods must be carried out in accordance with statutory regulations. Subject to the statutory requirements, Dodo Beach reserves the right to claim damages.

Dodo Beach is liable without limitation if the cause of the damage is based on intentional or grossly negligent breach of duty by Dodo Beach or a legal representative or vicarious agent of Dodo Beach.
In addition, Dodo Beach is liable for the negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, Dodo Beach’s liability is limited to the foreseeable, typical damage under the contract. Otherwise, Dodo Beach is only liable for intent or gross negligence. The above limitations of liability do not apply in the event of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and in the event of fraudulent concealment of defects. Liability under the Product Liability Act remains unaffected.
To the extent that Dodo Beach’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

9. Set-off Prohibition

  1. The customer is not entitled to offset his own claims against payment claims of Dodo Beach, unless the customer’s claims are undisputed or have been legally established.
  2. The customer is not entitled to withhold payment claims of Dodo Beach, including from notices of defects, unless they result from the same contractual relationship.

10. Changes to the Sales Conditions

We reserve the right to make changes to our website, regulations, terms, including these sales conditions, at any time. The sales conditions, contractual conditions, and general terms and conditions in force at the time of your order shall apply to your order, unless a change to these conditions is required by law or official order (in which case they shall also apply to orders you have previously placed). If a provision in these sales conditions is ineffective, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

11. Ineffective Clauses; Jurisdiction, Applicable Law

  1. If the customer is a merchant, a legal entity under public law, or a special fund under public law, Berlin is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if a customer does not have a general place of jurisdiction in Germany, has moved his place of residence or habitual abode abroad after conclusion of the contract, or his place of residence or habitual abode is unknown at the time the action is filed.
  2. German law applies to the conclusion and execution of all contracts. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

The European Commission provides a platform for online dispute resolution (OS). The platform can be found at http://ec.europa.eu/consumers/odr/. Our own email address is info@dodobeach.de.