General Terms and Conditions
As of: January 2024
Section 1 - Scope of Application
(1) These General Terms and Conditions (hereinafter "GTC") of CHOCO Deine Marke GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller via the Seller's online shop.
(2) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
Section 2 - Conclusion of Contract
(1) The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
(2) The Customer may submit the offer via the order form integrated in the Seller's online shop.
(3) The Seller may accept the Customer's offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (fax or email).
Section 3 - Prices and Payment Terms
(1) Unless otherwise stated in the Seller's product description, the prices quoted are net prices plus the applicable statutory value added tax.
(2) Any delivery costs are stated separately in the respective product description.
(3) Payment is made by advance payment, invoice (for regular customers), PayPal, or credit card.
Section 4 - Delivery and Shipping Conditions
(1) Goods are delivered by shipping to the delivery address specified by the Customer.
(2) The delivery time is generally 5-14 business days, unless otherwise agreed.
(3) Express deliveries are available at an additional charge and are agreed upon separately.
Section 5 - Retention of Title
The delivered goods remain the property of the Seller until full payment has been made.
Section 6 - Warranty
(1) If the purchased item is defective, the provisions of statutory warranty law apply.
(2) Warranty is excluded for used goods.
Section 7 - Liability
(1) The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims for damages and reimbursement of expenses in accordance with the following provisions.
(2) In cases of slight negligence, the Seller is only liable for breach of material contractual obligations and is limited to the foreseeable damage typical for this type of contract.
Section 8 - Applicable Law
The law of the Federal Republic of Germany applies to all legal relations between the parties, excluding the laws on the international sale of movable goods.
Section 9 - Place of Jurisdiction
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 Seller's place of business.
Section 10 - Alternative Dispute Resolution
The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.