Conditions

General terms and conditions of business

§1 General, written form

(1) These General Terms and Conditions provide the exclusive basis for all transactions between SchokoLogo e. K. (hereinafter: SchokoLogo), Flurstr. 21, 40235 Düsseldorf, registered in the commercial register of the AG Düsseldorf under HRA 16972, and their customers constitute established legal relationships. The General Terms and Conditions apply in the version valid at the time the contract is concluded. These can be accessed free of charge in a savable and printable version at https://www.schokologo.com/agb.

(2) SchokoLogo does not recognize the customer's deviating conditions unless SchokoLogo has expressly agreed to their validity in writing.

§2 Conclusion of contract

(1) The presentation of the goods on www.schokologo.com does not imply a binding offer from SchokoLogo. This is an invitation to the customer to make a binding offer to SchokoLogo.

(2) Every order placed by the customer represents a binding offer to conclude a purchase contract for the ordered goods. The order is placed either online or via the website at https://www.schokologo.com/media/pdf/84/9d/9a/ Chocolate logo order form.pdf free printable order form.

(3) SchokoLogo will confirm receipt of the customer's order by telephone or in text form (e.g. fax or email). This confirmation of receipt does not constitute a binding acceptance of the order.

(4) The purchase contract is only concluded when SchokoLogo sends the customer an express order confirmation in text form (e.g. fax or email) or sends the ordered goods to the customer.

§3 Prices and payment conditions

(1) The prices from the current price list apply. SchokoLogo reserves the right to change the prices stated before the contract is concluded. In such a case, the order confirmation from SchokoLogo represents a changing offer to conclude the contract, so that the contract is only concluded with the customer's separate acceptance.

(2) All prices do not include packaging and shipping costs as well as VAT. Packaging and shipping costs will be clearly communicated to the customer on the order confirmation.

(3) The prices do not include any design costs. The costs for design suggestions, drafts, etc. must be agreed with SchokoLogo before the order is placed. SchokoLogo reserves the right to charge design and draft costs.

(4) Unless paragraph 6 stipulates otherwise, the purchase price is due without deduction upon delivery. If the purchase price is not paid, the customer will automatically be in default two weeks after receipt of the invoice. The customer will be informed of this separately in the invoice.

(5) Payment of the purchase price is made by bank transfer, direct debit or credit card, at the customer's discretion.

(6) When placing the order, the customer is obliged to pay the entire purchase price in advance.

(7) If the customer defaults on his payment, SchokoLogo is entitled to the statutory default interest. Any additional damage caused by default remains unaffected by this.

§4 Delivery, retention of title, transfer of risk

(1) Delivery takes place in standard commercial packaging of SchokoLogo’s choice. Unpaid packaging will not be taken back for compensation.

(2) The shipping method is determined by SchokoLogo unless otherwise agreed.

(3) The dates and deadlines stated by SchokoLogo are non-binding unless they have been expressly agreed in writing. The stipulation of a delivery period or determination of the performance time by the customer requires the written approval of SchokoLogo.

(4) The goods remain the property of SchokoLogo until all claims from the underlying contract have been paid in full.

(5) SchokoLogo is entitled to make partial deliveries as long as this is reasonable for the customer. If a partial service is provided at the instigation of SchokoLogo, there are no additional shipping costs. Additional shipping costs will only be charged in accordance with Section 3 if the partial delivery is made at the express request of the customer.

(6) The risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery to the customer. If it is agreed that the goods will be delivered by a company to be determined by the customer, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer when the goods are handed over to the company commissioned to transport the goods.

§5 Solvency, creditworthiness, obligation to provide information

(1) When concluding the contract, the customer's solvency or creditworthiness is assumed. If events occur to the customer that make his creditworthiness appear doubtful or if such circumstances that existed before the contract was concluded only become known subsequently, SchokoLogo can - without prejudice to other legal rights - either withdraw from the contract or demand cash advance payments or cash payments, canceling all possible payment agreements.

(2) The customer undertakes to provide truthful information. If the customer's data changes, in particular name, address, email address and telephone number, the customer is obliged to inform SchokoLogo of these changes immediately. If the customer fails to provide this information or provides incorrect data from the outset, SchokoLogo can withdraw from the contract if a contract has been concluded.

(3) The customer must ensure that the email account specified by him is accessible from the time the email address is provided and that receipt of email messages is not excluded due to forwarding, shutdown or overfilling of the email account. Information is presumed to be incorrect if an email sent to the customer is returned three times in a row or the service cannot be provided due to an incorrect address.

§6 Warranty

(1) With regard to the type, scope and quality of the goods, only the information provided in the order confirmation is relevant. Any other public statements made by SchokoLogo or third parties are irrelevant to the agreed quality of the goods.

(2) The customer is aware that the goods delivered by SchokoLogo are perishable. The customer must inquire about the shelf life of the individual goods from SchokoLogo or refer to the SchokoLogo catalogue. The shelf life stated by SchokoLogo only applies if stored properly. The ideal storage temperature for SchokoLogo products is approximately 16 to 18 º C.

(3) SchokoLogo guarantees that the product has the agreed quality and is not afflicted with defects that impair its suitability for the purpose stipulated in the contract or for normal use. Any insignificant impairment of usability or insignificant deviation from the agreed quality shall not be taken into account; this applies in particular to the dimensions in the illustrations and drawings used by SchokoLogo as well as weight information.

(4) The customer is obliged to report obvious material and legal defects to SchokoLogo no later than two weeks after receipt of the goods. To meet the deadline, sending the notification on time is sufficient. The regulation of Section 377 of the German Commercial Code (HGB) that applies to commercial purchases remains unaffected by this.

(5) The customer's rights to subsequent performance, withdrawal from the contract or reduction of the purchase price in the event of defects are determined in accordance with the legal regulations. Section 7 applies to any claims for damages in addition to or instead of performance.

§7 Liability

(1) SchokoLogo's liability, regardless of the legal basis, only arises if the damage a) was caused by a culpable violation of an essential contractual obligation in a way that jeopardized the achievement of the purpose of the contract or b) was due to gross negligence or intent.

(2) If SchokoLogo is liable in accordance with paragraph 1 a) for the violation of an essential contractual obligation without intent or gross negligence, the liability is limited to compensation for the foreseeable damage that is typical for the contract; The extent of damage in no case exceeds 50% of the purchase price.

(3) In the cases of paragraph 2, the contractor is not liable for indirect damages, consequential damages or lost profits.

(4) Mandatory legal liability regulations, particularly regarding damages resulting from injury to life, body or health and claims under the Product Liability Act remain unaffected.

§ 8 Offsetting

The customer only has the right to offset if his counterclaims have been legally established or are undisputed.

§ 9 Right of withdrawal

(1) The customer can revoke his contractual declaration within two weeks without giving reasons in text form (e.g. letter, fax, email) or by returning the goods. The period begins at the earliest with receipt of instructions about the right of withdrawal in text form. To meet the cancellation deadline, it is sufficient to send the cancellation or the goods to the provider in a timely manner. The revocation must be sent to:

SchokoLogo e. K. Flurstr. 21 40235 Düsseldorf Email: info@schokologo.com

(2) The right of withdrawal does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to the customer's personal needs, that are not suitable for return due to their nature, that can spoil quickly or whose expiry date would be exceeded .

(3) Das Widerrufsrecht besteht zudem nicht, wenn der Kunde Unternehmer i. S. d. § 14 BGB ist, also eine natürliche oder juristische Person oder eine rechtsfähige Personengesellschaft, die bei Abschluss des Vertrages in Ausübung ihrer gewerblichen oder selbständigen beruflichen Tätigkeit handelt.

(4) In the event of an effective revocation, the services received by both parties must be returned and, if necessary, any benefits derived (e.g. usage advantages). If the service received cannot be returned in whole or in part or only in a deteriorated condition, the customer may have to pay SchokoLogo compensation. This does not apply to the transfer of items if the deterioration of the item is solely due to its inspection - as the customer would have been able to do in a store. Furthermore, the customer can avoid the obligation to pay compensation by not using the item as his own property and refraining from anything that would impair its value. Items that can be sent as a package must be returned by the customer at SchokoLogo’s risk. Items that cannot be sent as parcels will be picked up from the customer. The customer bears the costs of returning the goods if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed an amount of €40.00 or if the customer has not yet paid for the goods at a higher price at the time of cancellation has made a contractually agreed partial payment. Otherwise, the return for the customer is free of charge. The customer must fulfill his obligations to reimburse payments within thirty days of sending his declaration of cancellation. 00 € or if the customer has not yet provided the consideration or a contractually agreed partial payment if the price of the goods is higher at the time of cancellation. Otherwise, the return for the customer is free of charge. The customer must fulfill his obligations to reimburse payments within thirty days of sending his declaration of cancellation. 00 € or if the customer has not yet provided the consideration or a contractually agreed partial payment if the price of the goods is higher at the time of cancellation. Otherwise, the return for the customer is free of charge. The customer must fulfill his obligations to reimburse payments within thirty days of sending his declaration of cancellation.

§10 Special and custom-made products

SchokoLogo reserves the right; to use any special and custom-made products for advertising purposes.

§ 11 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The applicability of mandatory standards of the country in which the customer has his habitual residence when the contract is concluded remains unaffected by this choice of law.

(2) To the extent permitted by law, the parties agree on Düsseldorf as the place of fulfillment for payments and the place of jurisdiction for both parties.

(3) If one or more provisions of these general terms and conditions are or become invalid or unenforceable, this does not affect the validity of the rest of the terms and conditions. The ineffective or unenforceable provision must be replaced by one that comes closest, economically and legally, to what the parties intended with the original provision. This also applies to any contractual loopholes.