GENERAL TERMS AND CONDITIONS
General terms and conditions
§1 General, written form
(1) These General Terms and Conditions represent the exclusive basis for all contracts concluded between SchokoLogo e. K. and the customer. (hereinafter: SchokoLogo), Flurstr. 21, 40235 Düsseldorf, registered in the commercial register of the AG Düsseldorf under HRA 16972, and their customers. The General Terms and Conditions shall apply in the version valid at the time of conclusion of the contract. These can be downloaded free of charge from https://www.schokologo.com/agb in a storable and printable version.
(2) SchokoLogo does not recognise any deviating conditions of the customer unless SchokoLogo has expressly agreed to their validity in writing.
§2 Conclusion of contract
(1) The presentation of the goods at www.schokologo.com does not constitute a binding offer by SchokoLogo. This is an invitation to the customer to submit a binding offer to SchokoLogo.
(2) Each order placed by the customer represents a binding offer to conclude a sales contract for the ordered goods. The order is placed either online or via the order form which can be printed out free of charge 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 telephone or in text form (e.g. fax or e-mail). 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 e-mail) or sends the ordered goods to the customer.
§3 Prices and terms of payment
(1) The prices from the current price list apply in each case. SchokoLogo reserves the right to change the indicated prices before conclusion of the contract. In such a case, the order confirmation from SchokoLogo represents a modified offer for the conclusion of the contract, so that the conclusion of the contract only comes about with the separate acceptance of the customer.
(2) All prices are exclusive of packaging and shipping costs and exclusive of value added tax. Packaging and shipping costs will be clearly communicated to the customer on the order confirmation.
(3) The prices do not include any design costs. The costs for design proposals, drafts etc. shall be agreed with SchokoLogo prior to placing the order. SchokoLogo reserves the right to charge design and draft costs.
(4) The purchase price is due without deduction upon delivery, unless otherwise agreed in paragraph 6. In the event of non-performance of the purchase price, the customer shall automatically be in default two weeks after receipt of the invoice. The customer will be informed of this separately in the invoice.
(5) The payment of the purchase price takes place after choice of the customer by transfer, direct debit or credit card.
(6) When placing an order, the customer is obliged to pay the entire purchase price in advance.
(7) If the customer is in default of payment, SchokoLogo shall be entitled to the statutory default interest. Any further damage caused by default shall remain unaffected.
§4 Delivery, retention of title, transfer of risk
(1) Delivery shall be made in customary packaging at the discretion of SchokoLogo. No return of unbiased packaging in return for payment shall take place.
(2) Unless otherwise agreed, SchokoLogo determines the mode of dispatch.
(3) The dates and deadlines stated by SchokoLogo are non-binding unless expressly agreed otherwise in writing. The stipulation of a delivery period or the determination of the time of performance by the customer requires the written approval of SchokoLogo.
(4) The goods shall 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 insofar as this is reasonable for the customer. No additional shipping costs will be incurred if a partial delivery is made at the request of SchokoLogo. Additional shipping costs will only be charged in accordance with § 3 if the partial delivery is made at the express request of the customer.
(6) The risk of accidental loss and accidental deterioration of the goods shall pass to the Customer upon delivery to the Customer. If it is agreed that the goods will be delivered by a company to be determined by the customer, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are handed over to the company commissioned to transport the goods.
§5 Solvency, Creditworthiness, Duty to Inform
(1) The solvency or creditworthiness of the customer shall be assumed at the conclusion of the contract. If events occur at the customer which make his creditworthiness appear doubtful or if such circumstances existing prior to conclusion of the contract only become apparent subsequently, the creditworthiness of the customer shall be deemed to have been impaired.