§ 1 Scope and provider § 2Conclusion of contract § 3 Prices § 4 Shipping costs § 5 Terms of delivery and self-delivery reservation § 6 Terms of payment § 7 Retention of title § 8 Right of revocation § 9 Transport damage § 10 Liability for damages § 11 Liability for defects § 12 Final provisions
§ 1 Scope and provider
These terms and conditions apply to all orders that individuals (consumers) through the online store of
Curly Chocolate GmbH Breitenfelder Straße 22 20251 Hamburg
§ 2.1The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog dar. By clicking the buttons "buy" / "order to pay" you make a binding order of the goods in the shopping cart. We can accept your order by sending an order confirmation by email or by delivery of the goods within 2 days. As a result, the purchase contract has come about. The sale of our products is only for private use in normal household quantities.
§ 2.2 Should our order confirmation contain typographical or typographical errors or should our pricing be based on technical transmission errors, we are entitled to contest, whereby we must prove our mistake. Already made payments will be refunded immediately.
§ 2.3 The contract language is German. Do not speak German, please contact us.
§ 3 Prices
The prices quoted on the product pages include VAT (value added tax) and other price components and exclude shipping costs.
§ 4 shipping costs
§ 4.1 For delivery within Germany we charge a flat rate of € 5.36 per order. From an order value of 65 €, shipping within Germany is free.
Deliveries to non-EU countries may incur additional duties, taxes or charges.
§ 5 Delivery conditions and self-supply reservation
§ 5.1 The delivery takes place within Germany via DHL, for customers outside of Germany the dispatch also takes place via DHL.
§ 5.2 The delivery to DHL Packstations is only possible with the shipping method DHL (insured).
§ 5.3The delivery time is, unless otherwise stated in the offer, about 2-3 days. The period is extended in case of strike or force majeure, for the duration of the delay. The same applies if the customer does not fulfill existing obligations to cooperate. The period begins with the payment method advance payment only with final payment access.
§ 5.4 Should not all ordered products be in stock, we are entitled to partial deliveries at our expense, as far as this is reasonable for you.
§ 5.5 If the delivery of the goods fails despite three attempts to deliver, we can withdraw from the contract. Possibly. Payments made will be reimbursed immediately.
§ 5.6If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately reimburse you for any consideration already paid.
§ 6.1The payment is made either by advance payment, Sofortuberweisung, direct debit or Paypal.
§ 6.2 When selecting the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount has to be transferred to our account within 10 days.
§ 6.3 You are only entitled to set-off if your counterclaims have been legally established or are undisputed or have been acknowledged in writing by us.
§ 6.4 You can only exercise a right of retention if the claims result from the same contractual relationship.
§ 7 Retention of title
The goods remain our property until full payment. Before the transfer of ownership, a pledge, transfer, processing or transformation is not permitted without our consent.
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 contact us (Curly Chocolate GmbH, Breitenfelder Strasse 22, 20251 Hamburg, firstname.lastname@example.org, phone Number: +49 40 44140421, Fax: +49 40 44140425) by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees. 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 the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
The right of withdrawal does not exist with the following contracts:
Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer.
Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery.
Contracts for the supply of goods, if they have been inseparably mixed with other goods due to their nature after delivery.
Contracts for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which can not be delivered until 30 days after conclusion of the contract and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence.
Contracts for the delivery of sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery.
Contracts for the delivery of newspapers, magazines or magazines other than subscription contracts.
Contracts for the supply of goods or for the provision of services, including financial services, the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence and which can occur within the period of revocation, in particular services in connection with shares, with shares in open-ended investment funds within the meaning of § 1 (4) of the German Capital Investment Code and with other tradable securities, foreign exchange, derivatives or money market instruments.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
– I / we hereby revoke this (*) that of me / us (*) concluded contract for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
§ 9 Transport damage
§ 9.1 If goods are delivered with obvious transport damages, please complain about such errors immediately to the deliverer, and please contact us as soon as possible on +49 (0) 40 / 44 14 21or email@example.com.
§ 9.2 Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us assert our own claims against the carrier or transport insurance.
§ 10 Liability for damages
We exclude our liability for slightly negligent breaches of duty, insofar as they do not concern any material contractual obligations whose breach endangers the achievement of the purpose of the contract, damage resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act. Insofar we are liable for every degree of fault.
The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by our vicarious agents.
§ 11 Liability for defects
§ 11.1 We are liable in the event of a defect according to the statutory provisions, as far as the following are no restrictions. Obvious defects must be reported to us in writing within two weeks of the occurrence of the defect. If the notification is not received within the aforementioned period, the warranty rights expire. This does not apply if we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item.
§11.2 Guarantees in the legal sense are not provided by us.
§ 12 final provisions
§ 12.1 Should a provision of these General Terms and Conditions be ineffective, the contract remains otherwise valid. In place of the invalid provision, the relevant statutory provisions apply.
§ 12.2 German law applies. As far as this is legally possible, the place of jurisdiction is Hamburg.