Terms and Conditions

1. Contracting Parties, Scope of Application

The contracting party under the following Terms and Conditions is:

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 details regarding communication data and the legal representation of Dodo Beach can be found in the provider’s information.

All deliveries and services provided by Dodo Beach to customers are exclusively based on the following Terms and Conditions in effect at the time of the order. Deviating regulations apply only if expressly agreed upon with an authorized representative of Dodo Beach and the respective customer.

Language Notice: All relevant communication and declarations for the contract are conducted in German.

2. Conclusion of the Contract

Your order represents an offer to Dodo Beach to conclude a purchase contract. When you place an order with Dodo Beach, you will receive an email confirming receipt of your order and listing its details. This order confirmation does not constitute acceptance of your offer. The purchase contract is only concluded when the goods are shipped.

3. Prices

All prices include the applicable VAT (currently 19 percent) and exclude packaging and shipping costs at the time of order.

Despite our best efforts, a small number of items in our catalog may be mispriced. We verify prices as part of our order processing. If an item’s correct price is higher than our stated price, we will contact you to inquire whether you wish to proceed with the order at the correct price or cancel it. If an item’s correct price is lower, we will charge the lower amount.

Costs for packaging and shipping are calculated separately and depend on the delivery location. The amount for packaging and shipping costs can be found in the "Shipping Costs" section. For orders via COD (Cash on Delivery), additional COD fees apply, which are also listed in the "Shipping Costs" section.

All stated prices and shipping costs apply only at the time of the order. Updating the Dodo Beach website renders previous prices and other information invalid. The applicable version is the one valid at the time of the order.

4. Payment Terms

Payments are made by bank transfer, COD, direct debit, or PayPal.

If you choose the direct debit method, you confirm that your account has sufficient funds. Fees incurred due to insufficient funds, returned direct debits, or chargebacks will be borne by the customer.

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

If the customer is a business (as defined in § 14 BGB), there is no right of withdrawal or return under § 312d BGB in conjunction with §§ 355, 356 BGB. The right of withdrawal only applies to consumers (defined in § 13 BGB as any natural person who enters into a legal transaction for purposes not attributable to their trade or independent professional activity).

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason in writing (e.g., letter, fax, email) or, if the goods are provided to you before the deadline, by returning the goods. The withdrawal period begins after receipt of this information in text form, but not before receipt of the goods and fulfillment of our obligations under § 312c Para. 2 BGB in conjunction with § 1 Paras. 1, 2, and 4 BGB-InfoV, as well as our obligations under § 312e Para. 1 Sentence 1 BGB in conjunction with § 3 BGB-InfoV. To meet the withdrawal deadline, 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 the withdrawal is effective, both parties must return any received benefits. If you can only return the item in a deteriorated condition, you may have to pay compensation. This does not apply if the deterioration is due to a standard inspection of the item as possible in a retail store.

You bear the direct costs of returning the goods if they correspond to the ordered goods. Non-parcel shipping items will be picked up at your location.

Obligations to refund payments must be fulfilled within 30 days. The period begins with the dispatch of your withdrawal or the goods, and for us upon receipt.

Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to distance contracts:

• for the delivery of goods made to customer specifications or clearly personalized,
• for the delivery of audio or video recordings or software, provided that the delivered media have been unsealed by the consumer,
• for the delivery of newspapers, periodicals, and magazines.

6. Delivery Conditions / Acceptance Default

The delivery is made from the supplier’s warehouse on behalf of Dodo Beach or directly by Dodo Beach to the delivery address provided by the customer.

The availability of goods and the shipping date are based on individual contract terms. Binding delivery dates are only effective if confirmed in writing. Each delivery is subject to timely and proper supply to Dodo Beach.

If an ordered product is unavailable due to reasons not attributable to Dodo Beach, we will notify you immediately and refund any payments.

Dodo Beach is not liable for delivery delays or impossibility of delivery, except in cases of intent or gross negligence. Liability for personal injury remains unaffected.

7. Retention of Title

The ordered goods remain the property of Dodo Beach until full payment is made. Prior to the transfer of ownership, resale, leasing, pledging, processing, or other disposal without explicit written consent from Dodo Beach is prohibited.

8. Warranty / Liability

Dodo Beach is fully liable for damages if they are based on intentional or grossly negligent breach of duty. For slightly negligent breaches of duty, Dodo Beach is only liable if essential contractual obligations are affected, limited to foreseeable, contract-typical damage.

The above liability limitations do not apply to damages to life, body, and health, nor if a guarantee has been assumed for the condition of the product or in cases of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9. Prohibition of Set-Off

The customer is not entitled to offset their own claims against payment claims from Dodo Beach, unless the customer’s claims are undisputed or legally established.

10. Changes to the Sales Terms

We reserve the right to make changes to our website, rules, and conditions. For your order, the terms of sale at the time of your order apply.

11. Invalid Clauses; Jurisdiction, Governing Law

If the customer is a merchant, legal entity under public law, or special fund under public law, Berlin is the exclusive jurisdiction for all disputes arising from the contractual relationship.

All contracts are governed by German law. The application of the UN Sales Law is excluded.

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