Conditions

Terms of Service
Version: 1.10 | Status: January 2016

CHOCOLATS-DE-LUXE.DE GMBH
represented by the managing director: Ms. Michaela Schupp
Helmkestrasse 5A
30165 Hanover / Germany
Phone: +49 (0) 511-78 09 43 70
Fax: +49 (0) 511-78 09 43 79
Email: info@chocolats-de-luxe.de
VAT identification number: DE 244 327 056
Commercial register: Hanover Local Court HRB 208464

1. General / scope

1.1
CHOCOLATS-DE-LUXE.DE GMBH offers customers as a commercial provider via the online shop under the domain

www.chocolats-de-luxe.de

the items shown there in detail for purchase. For the contracts concluded between CHOCOLATS-DE-LUXE.DE GMBH and customers via this online shop, these general terms and conditions apply.

1.2
Customers within the meaning of these terms and conditions are consumers as well as entrepreneurs.

1.2.1
A consumer is any natural person with whom a business relationship is entered into and who acts for a purpose that can neither be attributed to their commercial nor independent professional activity.

1.2.2
Entrepreneur is any natural or legal person or legal partnership with whom a business relationship is entered into and who acts in the exercise of a commercial or independent professional activity.

1.3
The contract language is German.

2. Conclusion of a contract in the online shop / contract text storage

2.1
The products shown in the online shop do not represent binding offers for CHOCOLATS-DE-LUXE GMBH; it is a request to users to submit a binding offer by placing an order.

2.2
The customer has the option of selecting and ordering products within the online shop. Before sending the order via the virtual "shopping cart", the customer has the opportunity to check his order data and to correct any input errors.

2.3
By submitting the order from the virtual "shopping cart", the customer places an order for the articles contained therein. CHOCOLATS-DE-LUXE GMBH will immediately confirm receipt of the order by email.

2.4
CHOCOLATS-DE-LUXE GMBH is entitled to accept the customer's contract offer within three working days after receipt of the order. The contract is concluded when the order is accepted.

2.5
The contract text is saved by CHOCOLATS-DE-LUXE GMBH; For customers with a customer account, it can still be accessed via the internal customer area after the order has been sent. The login takes place directly on the website in the online shop by entering the email address and the password previously determined by the customer. The data of the order can also be printed out immediately after the order has been sent. Consumers will also receive the contractual provisions including the terms and conditions and the consumer information relating to distance selling in text form.

3. Right of withdrawal and consequences

You have the right to cancel 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 a carrier took possession of the last goods.

To exercise your right of withdrawal, you must contact us (CHOCOLATS-DE-LUXE.DE GMBH, Helmkestraße 5 a in 30165 Hanover - Germany / Fon: +49 (0) 511–78094370 / Fax: +49 (0) 511–78094379 / E -Mail: info@chocolats-de-luxe.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of withdrawal

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.

You have to return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

Failure / premature expiry of the right of withdrawal

According to Section 312 g (2) No. 1 BGB, the right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs are.

The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded, according to Section 312 g (2) No. 2 BGB.

The right of withdrawal expires prematurely in accordance with Section 312 g (2) No. 3 BGB for contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

End of revocation

 

4. Prices / delivery and shipping costs

4.1
All prices represent final prices - ie they include all price components including applicable sales tax.

4.2
If customs duties are incurred for cross-border deliveries, these are not to be paid separately by the customer; the products are dispatched free of duty paid to the delivery address provided by the customer (Delivery Duty Paid [DDP]).

4.3
Unless a delivery free of charge has been agreed in individual cases, the purchase prices plus delivery and shipping costs apply; the amount is specified in the online shop.

4.4
If a shipment cannot be delivered and is returned to us by the parcel service, additional return delivery costs will apply. These return delivery costs are to be reimbursed by the client, unless the cause of the return delivery is not the responsibility of Chocolats-de-luxe.de GmbH. Return delivery costs may arise, among other things, if the address is incorrectly specified, the doorbell is not properly labeled, cannot be picked up in the parcel shop (e.g. due to undeliverability because the recipient was not at home when the delivery was made), etc. The return delivery costs are currently: 7.90 € within Germany, 13 , 90 € within EU countries including VAT (as of 1.2019).

5. Payment terms

5.1
CHOCOLATS-DE-LUXE GMBH accepts the payment methods specifically listed in the online shop and made available to the customer for selection. The customer chooses his preferred payment method himself.

5.1.1
In the case of payment by bank transfer or Sofort-Überweisung.de, the customer undertakes to pay the invoice amount no later than 14 days after receipt of the payment request communicated to him. The bank / account details will be communicated with the payment request.

5.1.2
In the case of a credit card payment, CHOCOLATS-DE-LUXE.DE GMBH causes the credit card / acquiring company in question to pay the invoice amount to CHOCOLATS-DE-LUXE.DE GMBH immediately upon conclusion of the contract.

5.2
The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

6. Delivery and shipping conditions

Unless otherwise agreed with the customer, the goods will be delivered by shipping to the delivery address provided by the customer.

6.1
In the case of payment by bank transfer, PayPal or sofort-überweisung.de, the products purchased by the customer are shipped within three working days of receipt of payment, unless a shorter or longer delivery period is expressly indicated in connection with the ordered item.

6.2
In the case of credit card payments, the products purchased by the customer will be dispatched within three working days of the conclusion of the contract, unless a shorter or longer delivery period is expressly indicated in connection with the ordered item.

7. Notification of transport damage

The customer will support CHOCOLATS-DE-LUXE GMBH in the event of transport damage to the best of his ability, provided that claims are asserted against the transport company or transport insurance concerned. Any rights and claims of the customer, in particular his rights in the event of defects in the item, remain unaffected by the provisions of sections 7.1 and 7.2 of these GTC; these therefore do not include a deadline for rights according to Section 8 of these GTC.

7.1
The customer will check the delivered goods upon receipt. In the case of externally recognizable transport damage, if the delivery is accepted anyway, the damage must be noted on the respective shipping documents when the delivery is accepted and acknowledged by the deliverer; the packaging is to be kept by the customer.

7.2
If the (partial) loss or damage is not externally recognizable, the customer must notify CHOCOLATS-DE-LUXE GMBH within five days of delivery or within seven days of delivery to the transport company in order to ensure that any claims can be asserted against the transport company in good time.

8. Retention of title

Ownership of the products sold by CHOCOLATS-DE-LUXE GMBH remains reserved until the purchase price has been paid in full.

9. Rights in the event of defects in the item (warranty)

Any inquiries and / or complaints of any kind should be directed to CHOCOLATS-DE-LUXE.DE GMBH via the contact details given above. In addition, the statutory warranty provisions apply.

10. Liability provisions

10.1
According to the statutory provisions, CHOCOLATS-DE-LUXE GMBH is fully liable for damage to life, limb or health based on an intentional or negligent breach of duty as well as for other damage resulting from an intentional or grossly negligent breach of duty and malice are based. In addition, CHOCOLATS-DE-LUXE GMBH is fully liable for damage that is covered by liability in accordance with mandatory statutory provisions, such as the Product Liability Act, as well as in the event of assumption of guarantees.

10.2
CHOCOLATS-DE-LUXE GMBH is liable for such damage that is not covered by clause 10.1 and that is caused by simple or slight negligence, insofar as this negligence relates to the breach of contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place Compliance with which the customer can regularly rely on (so-called cardinal obligations). The liability of CHOCOLATS-DE-LUXE GMBH is limited to the foreseeable damage typical for the contract.

10.3
In the case of slightly negligent breaches of contractual obligations that are neither covered by Clause 10.1 nor Clause 10.2 (so-called insignificant contractual obligations), CHOCOLATS-DE-LUXE GMBH is liable to consumers - this is limited to the foreseeable damage typical for the contract.

10.4
Any further liability is excluded.

11. Issues

11.1 The European Commission provides a platform for online dispute resolution (OS) for out-of-court settlement of consumer disputes. Consumers have the option of using this platform for out-of-court settlement of their disputes.

12. Final provisions

12.1 ( Alternative dispute resolution according to Art. 14 Para. 1 ODR -VO and § 36 VSBG )
The European Commission represents a platform to Online dispute resolution (OS) ready you under https://ec.europa.eu/consumers/odr/ find. We are ready to take part in an out-of-court arbitration process.

12.2
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law) do not apply.

12.3
If the customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of CHOCOLATS-DE-LUXE GMBH. The same applies if the customer is an entrepreneur and does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is brought. The authority of CHOCOLATS-DE-LUXE GMBH to also appeal to the court at another legal place of jurisdiction remains unaffected.

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