Terms of service

GENERAL TERMS AND CONDITIONS
§ 1 Basic provisions
(1) The agreements terms and conditions apply to contracts that you conclude with us as the provider Tschula Cacao UG (haftungsbeschränkt) via the website www.chulacacao.com. Unless otherwise agreed, the limit, if any, used by you own conditions contradicted.
(2) Consumer in the sense of the regulations is every natural person, who concludes a legal transaction for purposes, which can be attributed predominantly neither to his commercial nor his independent vocational activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the appropriate selection or entry of your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.
Before sending the order, you have the possibility to check the information in the order overview, to change it (also via the "back" function of the internet browser) or to cancel the order.
By sending the order via the corresponding button ("order subject to payment" or designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically secure and, in particular, that it is not prevented by SPAM filters.

§ 3 Term of contract / termination of subscription contracts
(1) The subscription contract concluded between you and us has an indefinite term. The contract can be terminated by either party with a notice period of 3 weeks to the end of the month (unless otherwise specified in the respective offer). The termination must be made in text form (e.g. e-mail).
(2) The right to terminate without notice for good cause remains unaffected.

§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.

§ 5 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to show us and the carrier any complaints as soon as possible. If you do not comply with this, this has no effect on the statutory warranty claims.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply exclusively.

Last updated: 13.11.2022