General conditions

Article 1 – Definitions.

The following terms have the following meanings in these general terms and conditions:

Entrepreneur – the natural or legal person acting in the course of his trade, business, craft or profession, with the following identity:

Dolphin High

Mailing address: Vest 18 2801VD Gouda
Email address: info@dolphinhigh.com

Chamber of Commerce number: 89766539
VAT number: NL003367971B58

Consumer – the buyer acting for purposes outside his business or professional activity

Parties – the entrepreneur and the consumer

Offer – the products offered by the entrepreneur for sale to the consumer

Purchase – the product purchased by the consumer from the entrepreneur

Reflection period – the period during which the consumer has the right of withdrawal

Day – calendar day

Right of withdrawal – the consumer’s right to return the purchase within the cooling-off period


Article 2 – Applicability.

2.1. These general terms and conditions apply to all established distance sales contracts between the entrepreneur and the consumer.

2.2. Before the conclusion of the purchase agreement, the general terms and conditions are made available to the consumer in such a way that they can be stored by the consumer.

2.3. Furthermore, if additional or different terms and conditions apply to the purchase agreement, they shall be provided to the consumer in the same manner.

2.4. In case of conflicting additional or different terms and conditions, the one most favorable to the consumer shall apply.


Article 3 – Purchase Agreement

3.1. The distance sales contract is established by the entrepreneur’s offer and the consumer’s acceptance of this offer.

3.2. The offer is fully and truthfully described by the entrepreneur, including its terms and conditions.

3.3. The entrepreneur informs the consumer of his rights and obligations attached to acceptance of the offer.

3.4. The Entrepreneur shall state clearly and legibly with the offer, and at the latest at the beginning of the ordering process, whether delivery restrictions apply and which means of payment are accepted.

3.5. At the conclusion of the agreement, the entrepreneur provides the consumer with the following information in a clear and comprehensible manner:

  • (a) the identity, mailing and visiting address, telephone number, and e-mail address of the entrepreneur;
  • (b) the main characteristics of the purchase;
  • (c) the price of the purchase including all taxes and any delivery charges;
  • (d) the method of payment, delivery and performance, and the corresponding deadlines and possible costs;
  • (e) the complaint handling policy of the entrepreneur;
  • (f) if the consumer has a right of withdrawal, the conditions, period, and modalities for exercising that right, as far as applicable the method of returning the purchase, and as far as applicable the reimbursement of costs, as well as the model form for rescission;
  • (g) if the consumer does not have a right of withdrawal, the information that the consumer does not have a right of withdrawal or, where applicable, the circumstances under which the consumer waives his right of withdrawal;
  • (h) a reminder of the existence of the legal guarantee that the purchase must comply with the contract, and any post-purchase assistance to the consumer;
  • (i) where applicable, the duration and termination terms of the agreement;
  • (j) where applicable, the existence and conditions of financial guarantees to be provided by the consumer at the request of the trader.

3.6. If the contract originated at a public auction, the provision of the information of paragraph 5(a) is fulfilled by providing the corresponding data of the auctioneer.


Article 4 – Right of withdrawal

4.1. The consumer has the right to revoke the purchase within 14 days of receiving the product, without giving any reason. This means that the consumer has the option to cancel the purchase and return the product within this period.

4.2. The cooling-off period for the right of withdrawal begins on the day after the consumer receives the product. If the purchase consists of multiple products delivered separately or if the product is delivered in multiple shipments, the cooling-off period begins on the day after receipt of the last product or shipment.

4.3. The above shall remain unaffected if the product is received by a third party designated by the consumer.

4.5.If the requirements stipulated in Article 3, paragraph 5 under f have not been met, the cooling-off period referred to in paragraph 1 of this Article shall be extended by the time that has elapsed from the time when the cooling-off period commenced to the time when all the missing information has been provided to the consumer in the prescribed manner, with a maximum extension of 12 months.

4.6. The right of withdrawal does not apply in the following cases, provided that the entrepreneur has clearly stated to the consumer prior to the conclusion of the contract that the right of withdrawal is excluded:

a) contracts whose purchase price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the cancellation period;

(b) purchases concluded at public auction;

(c) purchases where the consumer has specifically requested the entrepreneur to visit him to perform urgent repairs or maintenance, unless:

  • it involves additional services not expressly requested by the consumer;
  • it involves the supply of items other than those necessary to perform maintenance or repair;

(d) purchases to supply products manufactured based on the consumer’s choice, or clearly intended for the specific consumer;

(e) purchases until delivery of products that spoil quickly, or have a limited shelf life;

f) purchases to the delivery of products that cannot be returned for health or hygiene protection reasons and whose seals have been broken after delivery;

(g) purchases until the delivery of products that after delivery are, by their nature, irrevocably mixed with other items;

(h) contracts for the delivery of audio recordings, video recordings and computer software whose seal has been broken after delivery;


Article 5 – Dissolution

5.1. If the consumer has a right of withdrawal, makes use of this right within the cooling-off period, and has informed the entrepreneur about this through the model form for dissolution provided by the entrepreneur, or another unambiguous statement to that effect, the agreement between the parties is dissolved.

5.2. By rescinding the purchase agreement, all additional agreements as well as rescinded by right.

5.3. After dissolution, the entrepreneur shall reimburse all payments received from the consumer, including the delivery costs in proportion to the part of the agreement being dissolved, without delay, but within 14 days of receipt of the information mentioned in paragraph 1 of this article, using the same payment method as was used by the consumer to pay for the purchase, unless the consumer has expressly agreed to a different payment method free of charge.

5.4. If, at the conclusion of the purchase, the consumer has chosen a delivery other than the cheapest delivery chosen by the entrepreneur, the entrepreneur is not obliged to refund the additional costs for this delivery method.

5.5. If the purchase has already been delivered or sent for delivery, the consumer, after dissolution, shall immediately, but within 14 days after giving the notice referred to in paragraph 1 of this article, return the purchase in good condition or hand it over to the trader or a person designated by the trader, unless due to the nature of the purchase it should be picked up by the trader.

5.6. Unless it has been agreed that the entrepreneur will come to pick up the purchase, the consumer can only claim fulfillment of the refund mentioned in the previous paragraph when the entrepreneur has received the purchase or the consumer provides proof of the return of the purchase to the entrepreneur.

5.7. The cost of returning the purchase shall be borne by the consumer, unless the business owner has failed to notify the consumer that these costs will be borne by the consumer.

5.8. The consumer is liable for depreciation of the purchase only if he has used the purchase to a greater or different extent than necessary to establish the nature, characteristics and operation of the purchase. The consumer is not liable for diminished value if the entrepreneur has not provided the information in accordance with Article 3.5(f).

5.9. The consumer is not liable and does not owe any costs by exercising his right of withdrawal, without prejudice to the provisions of paragraph 8, as well as Article 5, paragraph 4.


Article 6 – Price

6.1. The prices mentioned in the offer are in euros and include VAT.

6.2. The entrepreneur is not authorized to increase the stipulated price after the conclusion of the agreement, unless the consumer is authorized to dissolve the agreement in case of price changes.

6.3. The prohibition mentioned in the preceding paragraph does not apply if the price increase is the result of a statutory price increase.

6.4. In the case of a price increase, the consumer shall be informed of the effective date of the change and the changed price in a timely manner, and at least one month prior to the price change.


Article 7 – Payment

7.1. The part of the payment made in arrears must be paid by the consumer within 7 days after the start of the cooling-off period, or in case no cooling-off period applies, after the conclusion of the agreement.

7.4. If the consumer does not fulfill his payment obligation or does not do so in a timely manner, with the payment deadlines being strict deadlines, the consumer is legally in default. In the event that, after being given another 14 days to complete payment, the consumer still fails to make the payment, the consumer will owe statutory interest on the outstanding amount and the entrepreneur may charge the extrajudicial collection costs incurred by him.

7.5. The business owner may deviate from the legally determined amount of statutory interest and collection costs on the outstanding payment only in favor of the consumer.


Article 8 – Delivery

8.1. The entrepreneur shall ensure delivery of the purchase in a careful manner, at the location indicated by the consumer as the delivery address.

8.2. The risk belonging to delivery rests with the entrepreneur until the moment of delivery to the consumer or a third party designated by the consumer, unless expressly agreed otherwise.

8.3. The consumer must ensure that delivery can be made in a timely manner.

8.4. Delivery shall take place without delay, but within 30 days after the conclusion of the agreement, unless a different delivery time is agreed upon and/or stated with the offer.

8.5. If the agreed delivery time is exceeded, the consumer is entitled to dissolve the contract without cost.

8.6. In the case of dissolution in accordance with the preceding paragraph, and the purchase price has already been paid in full or in part by the consumer, the entrepreneur shall refund the amount paid without delay.


Article 9 – Warranty

9.1. The entrepreneur shall ensure that each purchase meets the specifications of the offer, and reasonable requirements for normal use.

9.2. Any seller’s or manufacturer’s warranty provided by the entrepreneur to the consumer does not affect the scope of the statutory warranty.

9.3. The above guarantees do not apply in case of normal wear and tear or damage caused by culpable incompetent use, or negligence in the maintenance of the purchase by the consumer.


Article 10 – Complaints and disputes

10.1. Any agreement between the parties shall be governed by the laws of the Netherlands.

10.2. The operator has a complaint handling procedure accessible to the consumer.

10.3. If the consumer has a complaint, this complaint should be made known to the entrepreneur without delay and clearly described.

10.4. The entrepreneur shall respond to complaints within 14 days.

10.5. In the case of an unresolvable complaint, it may also be submitted to the competent court.

Retrieved from: July 6, 2023