General Terms & Conditions
General Terms and Conditions
Version: 1.3 | Stand: January 2023
Chocolats-de-luxe.com GMBH
represented by the Managing Director: Mrs. Michaela Schupp
Rehagen 52
30165 Hannover / Germany
Fon: +49(0)511-78 09 43 70
Fax: +49(0)511-78 09 43 79
E-Mail: info@chocolats-de-luxe.de
USt-Ident.Nr.: DE 244 327 056
Commercial Register: Local Court Hannover HRB 208464
1. General / Scope
1.1
The Chocolats-de-luxe.com GMBH offers customers as a commercial supplier via the online store under the domain
www.Chocolats-de-luxe.com
the articles represented there in detail to the purchase. For the contracts concluded via this online store between Chocolats-de-luxe.com GMBH and customers, the present General Terms and Conditions (GTC) apply.
1.2
Customers in the sense of these GTC are consumers as well as entrepreneurs.
1.2.1
consumer is any natural person with whom a business relationship is entered into and who acts for a purpose that can be attributed neither to his commercial nor independent professional activity.
1.2.2
Entrepreneur is any natural or legal person or partnership with legal capacity with whom a business relationship is entered into and who acts in the exercise of a commercial or independent professional activity.
1.3
Contract language is German.
2. Conclusion of contract in the online store / contract text storage
2.1
The products presented within the online store do not represent binding offers for Chocolats-de-luxe GMBH; it is an invitation to users to submit a binding offer by placing an order.
2.2
The customer has the possibility to select and order products within the online store. Before sending the order via the virtual "shopping cart", the customer is given the opportunity to check his order data and correct any input errors.
2.3
By sending the order from the virtual "shopping cart", the customer places an order for the items contained in it. The receipt of the order will be confirmed by Chocolats-de-luxe GMBH immediately by eMail.
2.4
The Chocolats-de-luxe GMBH is entitled to accept the contract offer of the customer within at the latest three working days after receipt of the order. The contract is concluded with the acceptance of the order.
2.5
The text of the contract will be saved by Chocolats-de-luxe GMBH; it can still be accessed by customers with a customer account via the internal customer area after sending the order. The login takes place directly on the website in the online store by entering the e-mail address and the password previously determined by the customer. The order data can also be printed out immediately after submitting the order. Consumers will also receive the terms of the contract including the general terms and conditions and including the consumer information under distance selling law 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 revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (CHOCOLATS-DE-LUXE.DE GMBH, Rehagen 52 in 30165 Hannover - Germany / Fon: +49(0)511-78094370 / Fax: +49(0)511-78094379 / E-Mail: info@chocolats-de-luxe.de) by means of a clear, written declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. Please note that mere "non-acceptance/refusal to accept" or "non-collection" does not constitute a revocation.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
In case of "refusal of acceptance / non-collection" or non-delivery, the resulting return delivery costs of € 9.30 within Germany, within other EU countries € 41.90 incl. VAT. [as of 1.2023] will be deducted from the refund.
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 for testing the condition, properties and functioning of the goods. Please refer to in particular the following paragraphs 3 and 4.
Non-existence / premature expiry of the right of cancellation
The right of withdrawal does not exist according to § 312 g para. 2 No. 1 BGB for contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer.
According to § 312 g para. 2 no. 2 BGB, the right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be exceeded quickly.
The right of withdrawal expires prematurely according to § 312 g para. 2 no. 3 BGB for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
This also applies in particular to goods that have been returned improperly packaged or improperly stored due to external influences or if it cannot be determined without disclosing the health protection or hygiene seal that the product has not been damaged as a result.
Notes on the above points in connection with products from Chocolats-de-luxe.com:
Paragraph 2 above covers, among other things, fresh Pralines and products with a short minimum shelf life or expiry date.
Chocolate as a foodstuff is temperature-sensitive, i.e. it melts at warm temperatures. Therefore, transport with refrigeration, for example, may be necessary (paragraph 4 above). Refrigeration ensures transport to the recipient. If e.g. from Chocolats-de-luxe.com the package is sent with cooling, a return shipment with cooling is also necessary. Therefore, contact us for the return shipment to arrange this.
If however the commodity is e.g. refused acceptance, not fetched, etc. the necessary required handling (see above) is not fulfilled.
The customer receives from Chocolats-de-luxe.com and if necessary additionally from the parcel service provider a tracking number to the email address provided by him. A shipment tracking can be done by the customer at any time. An appeal to a not received notification in the mailbox is therefore not possible.
End of the cancellation policy
4. Prices / Delivery and shipping costs
4.1
All prices are final prices - i.e. they include all price components including applicable sales tax.
4.2
If customs duties are incurred for cross-border deliveries, these are to be paid separately by the customer (DDU/Delivered Duty unpaid).
4.3
Unless a delivery free of shipping costs is agreed in individual cases, the purchase prices apply plus delivery and shipping costs; their amount is specifically stated within the online store.
4.4
If a shipment cannot be delivered and is returned to us by the parcel service provider, additional return delivery costs will be incurred. These return delivery costs are to be reimbursed by the customer, provided that the cause of the return delivery is not the responsibility of Chocolats-de-luxe.com GmbH.
Return delivery costs can arise, among other things, in the case of: incorrectly entered address, incorrectly entered data on postal number/packing station/post office, insufficient labeling on the bell plate, non-collection in the parcel store (e.g. due to undeliverability, because the recipient was not at home at the time of delivery), etc. The return delivery costs are currently: 9.30 € within Germany, within other EU countries 41.90 € incl. VAT (as of 1.2023). The customer receives from Chocolats-de-luxe.com and if necessary additionally from the shipping service provider a tracking number to the email address provided by him. A shipment tracking can thus be made directly by the customer. An appeal to a not received notification in the mailbox is therefore not possible.
5. Terms of payment
5.1
The Chocolats-de-luxe GMBH accepts the payment methods specifically listed within the online store and provided to the customer for selection. The customer chooses his preferred method of payment 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 together with the payment request.
5.1.2
In case of a credit card payment Chocolats-de-luxe.com GMBH causes the respective credit card/acquiring company to pay the invoice amount to Chocolats-de-luxe.com GMBH immediately upon conclusion of the contract.
5.2
The customer may 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 shall be delivered by shipping to the delivery address provided by the customer when placing the order (in the online store). Subsequently communicated changes are not binding for Chocolats-de-luxe.com GmbH and cannot be guaranteed.
6.1
In case of payment by bank transfer, PayPal or sofort-Überweisung.de, the products purchased by the customer will be shipped within three working days after receipt of payment, unless a shorter or longer delivery period is explicitly stated in connection with the ordered item.
6.2.
In the case of credit card payment, the products purchased by the customer will be shipped within three working days after the conclusion of the contract, unless a shorter or longer delivery period is expressly indicated in connection with the ordered item.
6.3.
Communication takes place primarily via the e-mail address provided by the customer. Parcel information about the shipment is sent to the customer automatically to this e-mail address.
7. Notification of transport damage
The customer will support Chocolats-de-luxe GMBH in case of transport damages to the best of his ability, as far as claims are asserted against the respective transport company or transport insurance. Any rights and claims of the customer, in particular his rights in case of defects of the item, remain unaffected by the provisions of clauses 7.1 and 7.2 of these GTC; these therefore do not include any exclusion period for rights according to clause 8 of these GTC.
7.1
The customer shall inspect the delivered goods upon receipt. In the case of externally visible transport damage, in the event that the delivery is nevertheless accepted, the damage must be noted on the respective shipping documents already upon acceptance of the delivery and acknowledged by the delivery agent; the packaging must be retained by the customer.
7.2
If the (partial) loss or the damage is not externally recognizable, the customer has to indicate this within five days after delivery opposite Chocolats-de-luxe GMBH or within seven days after delivery opposite the transport enterprise, in order to guarantee so that possible claims can be made opposite the transport enterprise in time.
8. Retention of title
The ownership of the products sold by Chocolats-de-luxe GMBH remains reserved until full payment of the purchase price.
9. Rights in case of defects of the product (warranty)
Any inquiries and/or complaints of any kind are to be directed to Chocolats-de-luxe.com GMBH via the above contact details. In all other respects the legal warranty regulations apply.
10. Liability regulations
10.1
According to the legal regulations the Chocolats-de-luxe GMBH is liable without limitation for damages from the injury of the life, the body or the health, which are based on an intentional or negligent obligation injury as well as for other damages, which are based on an intentional or roughly negligent obligation injury as well as bad cunning. In addition, Chocolats-de-luxe GMBH shall be liable without limitation for damages covered by liability under mandatory statutory provisions, such as the Product Liability Act, as well as in the case of the assumption of guarantees.
10.2
For such damages, which are not covered by number 10.1 and which are caused by simple or slight negligence, Chocolats-de-luxe GMBH is liable, as far as this negligence concerns the injury of contract obligations, whose fulfillment makes the proper execution of the contract at all possible and on whose observance the customer may trust regularly (so-called cardinal obligations). In this case the liability of Chocolats-de-luxe GMBH is limited to the contract-typical foreseeable damages.
10.3
In case of slightly negligent breaches of such contractual obligations which are neither covered by clause 10.1 nor clause 10.2 (so-called insignificant contractual obligations) Chocolats-de-luxe GMBH shall be liable towards consumers - this shall be limited to the foreseeable damages typical for the contract.
10.4
Any further liability is excluded.
11.1 Should you ever have reason to complain, please contact us. Talk to us and let us settle the possible reason for complaint. Please note: some payment service providers now charge fees if a complaint is to be settled via them instead of directly with the seller. In case of complaints, please contact us first before contacting the payment service provider. Any fees incurred by contacting the payment service provider without first contacting us (regardless of whether the complaint is justified or not) will be borne by the buyer.
11.2 (Alternative Dispute Resolution pursuant to Article 14 (1) ODR -VO and § 36 VSBG)
The European Commission provides a platform for online dispute resolution (OS) , which can be found at https://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform for the out-of-court settlement of their disputes.
We are not obliged but willing to participate in an out-of-court settlement procedure.
12. Final provisions
12.1
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply.
12.2
If the customer is a merchant, a legal entity under public law or a 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 a businessman and has no general place of jurisdiction in Germany or his place of residence or usual abode is not known at the time the action is brought. The authority of Chocolats-de-luxe GMBH to also call upon the court at another legal place of jurisdiction remains unaffected by this.
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(Created in cooperation with the Händlerbund)
