GENERAL TERMS AND CONDITIONS OF THE CRAFT CHOCOLATE SHOP

Identity

The Craft Chocolate Shop
Hazenboslaan 69
2343 SX Oegstgeest
The Netherlands
T: +31(0)614607537 (office hours)
E info@craftchocolate.shop
Chamber of Commerce Amsterdam, reg.no. 90793420
VAT identification number: NL004842734B89

Index

1. Scope of application
2. Conclusion of a contract
3. Prices
4. Delivery and delivery time
5. Warranty
6. Rights of withdrawal / revocation for consumers
7. Returns
8. Compensation for damages
9. Terms of payment
10. Reservation of title
11. Copyright, industrial property rights, secrecy.
12. Miscellaneous

1. Scope of application

a) All deliveries of goods by craft chocolate shop made on the basis of distance selling orders shall be governed by these general terms and conditions in the version which is valid at the time of the respective order. With the placement of the order the customer accepts these general terms and conditions as well as the terms of delivery and payment which apply as an integral part of these general terms and conditions and which can be found on the homepage www.craftchocolate.shop on a daily basis.
b) Amendments or additional agreements shall not be valid unless confirmed in writing by persons authorized to represent craft chocolate shop whose names have been entered in the commercial register and shall apply solely to the individual business transaction.
c) Contractual terms as well as general terms and conditions of the customer are expressly rejected in their entirety.
d) Should individual provisions of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The parties shall agree to replace the invalid provision with a valid provision that comes closest to fulfilling the sense and purpose originally intended.

2. Conclusion of a contract

a) Craft chocolate shop offers in their entirety are subject to change without notice. The orders of the customer are in the legal sense the offer to which the customer is bound for 10 days. The contract shall be concluded either upon Craft chocolate shop’s confirmation of the order (by telephone or in person) or upon delivery or performance. A separate notification of the customer about the acceptance is not required.
b) Craft chocolate shop reserves the right to accept orders only in part.
c) Online orders are possible only if all compulsory fields (fields marked with an asterisk) are filled in. Prior to sending the order the customer receives a summary of the contents of the order including prices, which he can then correct or confirm. We will automatically confirm the receipt of the order at Craft chocolate shop by means of an e-mail, which, however, does not yet constitute an acceptance of the order. Messages are received at Craft chocolate shop only during the normal business hours (Monday to Friday from 9 a.m. until 5 p.m. with the exception of Dutch public holidays and/or special business holiday closures). Messages which are received on the server of craft chocolate shop outside the normal business hours are considered received only on the following working day.
d) The customer is aware that the Internet is not a secure communication medium and that data transmitted via the Internet can on the one hand become known and on the other hand be altered by third parties. The risk that data does not arrive at craft chocolate shop in the form transmitted by the customer is borne by the customer. Craft chocolate shop assumes that the data, as received by craft chocolate shop, was sent by the customer in this form.

3. Prices

Prices shown in the online shop are including estimated EU VAT Tax (based on Geolocation lookup). Final EU VAT for the specific country to which delivery will take place is calculated and charged after the shipping address (country is leading) is confirmed on the cart and check-out page. Prices are excluding delivery charges and all other ancillary services, unless other delivery conditions are specified in the respective valid price list. The respective valid export and import duties apply additionally to deliveries outside the Netherlands.

4. Delivery and delivery time

a) The dispatch of the goods by craft chocolate shop to the delivery address provided by the customer at the time of ordering is carried out at the expense of the customer. With the handover of the goods at the customer’s or at a third party appointed by the customer, the risk of loss or damage / deterioration of the goods transfers to the customer (this only applies to consumers). The dispatch of the goods by post or private delivery services is regarded as approved. If the customer enters into a delivery contract on his own, then the danger of loss or deterioration of goods transfers to the customer already with the handing over of the goods to the dispatch service.
b) Delivery dates stated by craft chocolate shop are non-binding. If delivery dates are not met, this shall only entitle the customer to make use of his right of withdrawal / revocation if craft chocolate shop, even after a minimum of two weeks grace period has been set in writing, still does not carry out the delivery.
c) The delivery period is extended for the duration of hindrances that are due to circumstances beyond the control of the parties, such as force majeure, unforeseeable operational breakdowns, official interventions, transport and customs clearance delays, transport damages, breakdown of important production components and industrial disputes.
d) To the extent that partial deliveries are possible, they are also legally permissible. Each partial delivery is regarded as a separate business transaction and can be invoiced separately by craft chocolate shop.

5. Warranty

a) Arising defects are to be reported by consumers immediately – whereby no disadvantageous consequences will arise in case of an omission to do so – , however, at the latest within one week after delivery of the goods, respectively after the detection of the defects in writing or e-mail (info@craftchocolate.shop).
If the product has been damaged during the shipping, the deliverer (post, DPD etc.) must immediately, at the latest within four days after receipt of the shipment, be instructed to assess the damages; otherwise craft chocolate shop shall reject any claim settlement. Generally, the customer shall make any damage notifications. Depending on the varying national provisions at the delivery locations, either the customer himself or also craft chocolate shop shall make damage notifications within the EU.
b) Warranty claims arising from defects expire within the statutory warranty period of 2 years from the delivery or performance. In case of defects of title this period commences with the detectability of the defect.
c) If the goods are defective, the customer may choose between correction and replacement. Only if these two services are impossible or impracticable the customer can claim – in accordance with the legal regulations – commensurate reduction in price or rescission. The customer is obliged to give craft chocolate shop the opportunity to rectify a defect. If craft chocolate shop corrects a defect, this is done without cost and expense to the customer; however, craft chocolate shop can require the customer to return the goods – as far as this is practicable – at craft chocolate shop’s risk and cost.
d) Warranted characteristics of the goods are only those characteristics which craft chocolate shop explicitly guaranteed in writing. Craft chocolate shop reserves the right to change its assortment, which does not represent a defect.

6. Rights of withdrawal / revocation for consumers

a) The customer, who is consumer within the meaning of the Dutch Civil Code, can withdraw in writing from a distance sales contract, or from a contractual declaration made in connection with distance sales, up until the expiry of the deadlines stated hereinafter without cause in writing. It shall suffice to send the declaration of withdrawal / revocation within the withdrawal period. The time period is 14 working days.
• The deadline for withdrawal / revocation commences with the day, on which the consumer or a third party appointed by the consumer (other than the deliverer) acquires possession of the goods;
• in case the consumer ordered multiple goods in one order and the goods were delivered separately, the day on which the last good was delivered;
• in the case of delivery of a good in multiple partial deliveries, the day on which the consumer gains possession of the last partial delivery;
A model form of withdrawal is permanently available for download at www.craftchocolate.shop; this model form must not necessarily be used. A corresponding declaration with the same meaning will suffice.
b) According to Dutch Civil Code book 6, article 230p the customer has no right of withdrawal/revocation (besides further exemptions) for
1. goods made to the consumer’s specifications or were clearly personalized;
2. goods that are liable to deteriorate or expire rapidly;
3. sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
4. goods which are, after delivery, according to their nature, inseparably mixed with other items.
c) If the right to withdraw/revocation from the contract is exercised according to Article 6 par. a, craft chocolate shop must reimburse the customer for his payments made as well as for all delivery costs (with the exception of additional costs arising from the customer’s individual selection of a delivery method other than the regular cost efficient, standard delivery method selected by craft chocolate shop) immediately and at the latest within fourteen days from the day, on which the communication on withdrawal/revocation of the contract was received. For refunding of payments made by the customer, craft chocolate shop will use the same monetary transaction that was used by the customer in his original transaction, unless otherwise agreed upon with the customer; in any way there will be no fees charged for such refunding purposes. craft chocolate shop may, however, withhold refunding payment, until the goods are returned or the customer has provided the evidence, that he has returned the goods, depending on which happens earlier in time.
The return of the goods by mail or in person to craft chocolate shop [Hazenboslaan 69, 2343SX, Oegstgeest, the Netherlands] has to be carried out by the customer immediately, however at the latest within 14 days from the day, on which he has notified craft chocolate shop about his withdrawal/revocation. This deadline shall be deemed met, when the customer mails the goods prior to the expiration of the deadline. The customer bears the indirect cost involved with the return of the goods. He must only then bear the cost for a depreciation of the goods, if such depreciation was caused by an unnecessary way of handling the goods during inspection for consistency, qualities and functionality.
d) If the customer withdraws from the contract, the goods need to be returned to craft chocolate shop. The costs of return shall be borne by the customer. In the event of signs of wear, melting or blooming of the chocolate (due to exposure to heat, moisture or temperature fluctuations during transit), opened and/or damaged packaging, missing of parts of the delivered goods as well as costs of return, which have not been paid, craft chocolate shop will impose an appropriate fee for the usage including a compensation for the related general reduction in value of the service rendered within the meaning of Article 6. c).

7. Returns

Returns shall only be accepted if they have been expressly agreed in advance with craft chocolate shop unless the customer exercises his withdrawal / revocation right according to Article 6 of these terms and conditions. For this purpose a complaint must be made in writing according to Article 5. a) or b) of the general terms and conditions, by e-mail (info@craftchocolate.shop). The risk of accidental loss and damage to goods during transport shall pass to the customer upon dispatch of the goods, unless the customer exercises his withdrawal / revocation right according to Article 6 of these terms and conditions. The costs of the return transport of the goods are born by craft chocolate shop only in the case of a warranty according to Article 5. of these general terms and conditions but not in the case of a withdrawal/revocation of the customer according to Article 6. of these general terms and conditions.

8. Compensation for damages

a) craft chocolate shop is not liable for property damages and financial damages for whatever legal reason, especially due to delay, impossibility of performance, positive violation of a contractual duty, culpa in contrahendo, consequential damages, defects or tortious acts, that have been caused by craft chocolate shop or persons for whom craft chocolate shop is responsible, due to minor negligence. In case of contracts with consumers, personal injuries and damages caused to goods that were accepted for the purpose of processing are excluded from this liability exclusion.
b) Craft chocolate shop shall not be liable for damages in excess of twice the order amount.

9. Terms of payment

a) Payment date:
Invoices are due immediately and are payable without deductions.The payment shall be deemed made once the payment was received at craft chocolate shop. The current terms of delivery and payment can be found on the homepage www.craftchocolate.shop on a daily basis.
b) Payment by credit card:
The following credit cards are accepted for the settlement of the invoices: American Express, Mastercard and Visa. The stated credit card will be debited immediately after the sending of the order. The data of the credit card are not stored in any way.
c) Additional methods of payment:
Additionally, payments can be made by iDeal, Apple Pay, Bancontact, KBC/CBC, Belfius Direct Net, Bank transfer, Klarna Pay Later and Klarna SOFORT.
d) Default:
In case of default of payment or other services on the part of the customer, craft chocolate shop is entitled – irrespective of other rights – to withhold all deliveries pending under the current delivery period until the agreed counter performance is rendered or to withdraw from the contract after expiry of a reasonable period of grace and/or to demand compensation for non-fulfilment. In this case, the customer is obliged to immediately return the supplied goods to craft chocolate shop at the customer’s cost. Craft chocolate shop reserves the right to assert compensation claims for depreciation, wear and tear, reimbursement of its own transport costs and other costs, while craft chocolate shop is entitled upon rescission of contract to claim or retain 20% of the price of the goods as minimum contractual penalty.
In the event that the customer is in default of acceptance, craft chocolate shop is entitled to invoice any costs arising from this.
e) Default interest / collection fees:
In the event of delayed payment craft chocolate shop will charge consumers default interest of 4% p.a. on the due invoice amount as of the day on which the invoice was due.
Collection fees and default interest at the statutory rate will be charged starting with the first reminder (send within 2 weeks after the due date). Should a second reminder (sent within 2 weeks after the first reminder) become necessary, all future deliveries will be carried out only against advance payment or cash on delivery. After an unsuccessful second reminder the claim will be assigned within 2 succeeding weeks to a debt collection agency or a lawyer, of which all costs involved will be passed on the the customer.
In case of breach of his contractual obligations the customer undertakes to reimburse craft chocolate shop for the necessary costs for the appropriate pursuance of the claims. The customer has to reimburse € 5.00 for each reminder and a further € 25.00 for maintaining evidence of the contractual obligations in the debt collection process. In addition, the costs of the debt collection agency are to be reimbursed up to the maximum collection fee specified in the respective ordinance for fee ceilings and the cost of lawyers in accordance with the Lawyers’ Fees Act.
Craft chocolate shop will request the statutory flat rate fee in the amount of € 40,00 from resellers/business customers for the compensation of any potential claim assessment; craft chocolate shop reserves the right to make any additional claims based on the individual case.
f) Offsetting:
The prohibition of offsetting generally applies. The customer may offset any claims only in the case of payment default on the part of craft chocolate shop, or against connected, undisputed or legally established claims.
g) Unauthorized deduction:
In the event of the customer’s unauthorized deduction of discounts, shipping costs or other amounts, the outstanding amount will be collected by craft chocolate shop at the expense of the customer.

10. Reservation of title

Up to the full payment of the purchase price including all additional charges the supplied objects and goods remain the sole and unrestricted properties of craft chocolate shop. Until then they are merely goods the customer has been entrusted with and are not to be sold, pledged, given away or loaned. The customer is not entitled to dispose of these objects or goods without having obtained the prior express approval of craft chocolate shop and in all respects bears the full risk for the goods entrusted to him, especially with regard to the risk of their destruction, loss and deterioration. Craft chocolate shop is entitled to demand the return of the goods which are in his property and to pick them up. In this case the customer waives his right to assert a right of retention.

11. Copyright, industrial property rights, secrecy

a) The use of texts, images, photos, layouts and other representations of the homepage www.craftchocolate.shop as well as parts thereof requires the prior written express approval of craft chocolate shop. In particular, documents such as leaflets, catalogues, samples, presentations and the like remain the intellectual property of craft chocolate shop. Any use, in particular the disclosure, reproduction, publication and making available including only partial copying, requires the express and prior written approval of craft chocolate shop.
b) All rights are reserved to craft chocolate shop.
c) The contracting parties of craft chocolate shop undertake to keep absolutely confidential vis-à-vis third parties any knowledge obtained in the course of their business relationship.

12. Miscellaneous

a) Deliveries and declarations of intent shall be made to the address provided by the customer on the order form with legal effect. The customer undertakes to provide complete and accurate information requested in the appropriate form during the conclusion of contract. In the event that the customer provides incorrect, incomplete and ambiguous information, the customer is liable for all costs and damages arising for craft chocolate shop therefrom. The customer is obligated to notify craft chocolate shop immediately and in writing, of changes of name, address or domicile, otherwise compensation for damages will be claimed. In case of omission, each written notification sent to the last address supplied by the customer shall be sufficient for the requirements of an effective notification.
b) The transfer of rights from the contract concluded with craft chocolate shop to third parties requires the written approval of craft chocolate shop.

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