Terms

General Terms and Conditions

§1 General Provisions, Written Form

(1) These General Terms and Conditions form the exclusive basis for all legal relationships established between SchokoLogo e.K. (hereinafter: SchokoLogo), Flurstr. 21, 40235 Düsseldorf, registered in the commercial register of the Düsseldorf District Court under HRA 16972, and its customers. The General Terms and Conditions in the version valid at the time the contract is concluded apply. These can be accessed free of charge in a storable and printable format at https://www.schokologo.com/en/terms.

(2) SchokoLogo does not recognize any terms and conditions of the customer that deviate from these unless SchokoLogo has expressly agreed to their validity in writing.

§2 Conclusion of Contract

(1) The presentation of goods at www.schokologo.com does not constitute a binding offer by SchokoLogo. It is an invitation to the customer to submit a binding offer to SchokoLogo.

(2) Every order placed by the customer constitutes a binding offer to conclude a purchase contract for the ordered goods. The order can be placed online or using the printable order form available at https://www.schokologo.com/media/pdf/84/9d/9a/Schokologo-Bestell-Formular.pdf.

(3) SchokoLogo will confirm receipt of the customer’s order by phone 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 explicit order confirmation in text form (e.g., fax or email) or dispatches the ordered goods to the customer.

§3 Prices and Payment Terms

(1) The prices from the current price list apply. SchokoLogo reserves the right to change the stated prices prior to the conclusion of the contract. In such a case, SchokoLogo’s order confirmation constitutes a modified offer, so that the contract is only concluded upon separate acceptance by the customer.

(2) All prices are exclusive of packaging and shipping costs as well as VAT. Packaging and shipping costs will be clearly communicated to the customer in the order confirmation.

(3) The prices do not include design costs. Costs for design proposals, drafts, etc. must be agreed upon with SchokoLogo before placing the order. SchokoLogo reserves the right to charge for design and draft costs.

(4) Unless otherwise provided in paragraph 6, the purchase price is due upon delivery without deduction. If the purchase price is not paid, the customer will automatically be in default two weeks after receipt of the invoice. The invoice will contain a separate note to this effect.

(5) Payment of the purchase price can be made by bank transfer, direct debit, or credit card, at the customer’s choice.

(6) Upon placing the order, the customer is obliged to make advance payment of the full purchase price.

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

§4 Delivery, Retention of Title, Transfer of Risk

(1) Delivery is made in standard commercial packaging at SchokoLogo’s discretion. Uncharged packaging will not be taken back or compensated for.

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

(3) Dates and deadlines stated by SchokoLogo are non-binding unless expressly agreed in writing. Any stipulation of a delivery period or specification of performance time by the customer requires SchokoLogo’s written approval.

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

(5) SchokoLogo is entitled to make partial deliveries if reasonable for the customer. No additional shipping costs will be incurred for partial deliveries initiated by SchokoLogo. Additional shipping costs will only be charged, according to §3, if the partial delivery is expressly requested by the customer.

(6) The risk of accidental loss or accidental deterioration of the goods passes to the customer upon delivery. If it is agreed that delivery is to be made by a company designated by the customer, the risk of accidental loss or accidental deterioration passes to the customer upon transfer of the goods to the company commissioned with transport.

§5 Solvency, Creditworthiness, Duty to Inform

(1) The solvency and creditworthiness of the customer is presumed at the time the contract is concluded. If circumstances arise or become known after the conclusion of the contract that cast doubt on the customer’s creditworthiness, SchokoLogo may—without prejudice to other statutory rights—either withdraw from the contract or demand advance cash payment or payment in cash, revoking any payment agreements.

(2) The customer is obliged to provide truthful information. If the customer’s data changes, especially name, address, email address, or telephone number, the customer must inform SchokoLogo of these changes immediately. If the customer fails to provide this information or provides false information from the outset, SchokoLogo may, if a contract has been concluded, withdraw from the contract.

(3) The customer must ensure that the email account specified by them is accessible from the time it is provided and that receiving emails is not prevented due to forwarding, deactivation, or the inbox being full. Information is deemed incorrect if an email sent to the customer is returned three times in succession or if service cannot be provided due to an incorrect address.

§6 Warranty

(1) The type, scope, and quality of the goods are determined exclusively by the information in the order confirmation. Other public statements by SchokoLogo or third parties are irrelevant for the agreed quality of the goods.

(2) The customer is aware that the goods supplied by SchokoLogo are perishable. The shelf life of each product can be requested from SchokoLogo or found in the SchokoLogo catalog. The shelf life specified by SchokoLogo applies only when stored properly. The ideal storage temperature for SchokoLogo products is approximately 16 to 18°C.

(3) SchokoLogo warrants that the product has the agreed quality and is free from defects that impair its suitability for the contractually intended use or ordinary use. Insignificant impairment of usability or minor deviations from the agreed quality are disregarded, especially regarding dimensions in images and drawings or weight indications.

(4) The customer is obliged to report obvious material or legal defects to SchokoLogo no later than two weeks after receipt of the goods. Timely dispatch of the notice is sufficient to meet the deadline. The provision of §377 HGB for commercial transactions remains unaffected.

(5) The customer’s rights regarding defects for subsequent performance, withdrawal from the contract, or reduction of the purchase price are determined by statutory provisions. For any claims for damages in addition to or instead of performance, §7 applies.

§7 Liability

(1) SchokoLogo’s liability, regardless of legal grounds, arises only if the damage was a) caused by a culpable breach of a material contractual obligation in a manner that endangers the achievement of the contract’s purpose, or b) is due to gross negligence or intent.

(2) If SchokoLogo is liable under paragraph 1(a) for breach of a material contractual obligation without intent or gross negligence, liability is limited to the typical, foreseeable damage; in no case does the amount of damages exceed 50% of the purchase price.

(3) In the cases referred to in paragraph 2, the contractor is not liable for indirect damages, consequential damages, or loss of profit.

(4) Mandatory statutory liability provisions, in particular for damages arising from injury to life, body, or health, and claims under the Product Liability Act, remain unaffected.

§8 Set-off

The customer only has a right of set-off if their counterclaims have been legally established or are undisputed.

§9 Right of Withdrawal

(1) The customer may revoke their contractual declaration within two weeks without giving reasons, in text form (e.g., letter, fax, email) or by returning the goods. The withdrawal period begins at the earliest upon receipt of the instruction on the right of withdrawal in text form. Timely dispatch of the withdrawal or the goods to the provider is sufficient to comply with the withdrawal period. The withdrawal should be addressed to:

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

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

(3) The right of withdrawal also does not apply if the customer is an entrepreneur within the meaning of §14 BGB, i.e., a natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or self-employed professional activity when concluding the contract.

(4) In the event of a valid withdrawal, both parties must return any received goods or payments, and, where applicable, hand over any benefits derived (e.g., usage advantages). If the received goods cannot be returned in whole or in part or only in a deteriorated condition, the customer must provide compensation for value to SchokoLogo if necessary. This does not apply to the transfer of goods if the deterioration of the goods is solely due to their inspection—as would have been possible in a retail store. Otherwise, the customer can avoid the obligation to compensate for value by not using the goods as their property and refraining from anything that could reduce their value. Goods that can be sent by parcel must be returned by the customer at SchokoLogo’s risk. Non-parcel-shippable goods will be collected from the customer. The customer bears the costs of return if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed €40 or, in the case of a higher price of the goods, if the customer has not yet paid the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, the return is free of charge for the customer. Obligations to refund payments must be fulfilled by the customer within thirty days of sending the notice of withdrawal.

§10 Special and Custom Orders

SchokoLogo reserves the right to use any special and custom orders for advertising purposes.

§11 Final Provisions

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Sales Convention. The applicability of mandatory regulations of the state in which the customer has their habitual residence at the time the contract is concluded remains unaffected by this choice of law.

(2) To the extent permitted by law, the parties agree that the place of performance for payments and the place of jurisdiction for both parties is Düsseldorf.

(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 remaining terms and conditions. The invalid or unenforceable provision shall be replaced by one that most closely reflects the economic and legal intent of the original provision. This also applies to any contractual gaps.