Terms and Conditions
1. Scope, definitions of terms
BOXocolate (SevenShift GmbH), Im Mediapark 5 c/o Startplatz, 50670 Cologne, Germany, Germany (hereinafter referred to as “we” or “BOXocolate”) operates an online shop for goods on the https://boxocolate.com website. The following general terms and conditions apply to all services between BOXocolate oder SevenShift GmbH (hereinafter referred to as “we” or “us”) and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
“Consumer” within the meaning of these Terms and Conditions shall mean any natural person who concludes a legal transaction for purposes which cannot predominantly be attributed to either his commercial or his self-employed professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction, whereby a partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and enter into liabilities.
For all orders via our online shop at https://boxocolate.com the following General Terms and Conditions apply.
2. Contracting party, conclusion of contract
The sales contract is concluded with Boxocolate (SevenShift GmbH).
For orders placed online at https://boxocolate.com, we enter into German or English language contracts only. You can choose your preferred language by selecting the specific flag in the header of the website.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order takes place by e-mail immediately after sending the order. A contract is only concluded when we accept your order by a declaration of acceptance or by initiating payment to us. The goods will then be dispatched to you. Should the delivery of the goods ordered by you not be possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case a contract does not come off. We will inform you about it immediately.
The time when the contract is concluded with us, will depend on the method of payment chosen by you. See § 5. Payment
We save the contract text and send you the order data and our general terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.
3. Special products
3.1 “Choco Club” (monthly subscription membership) or “Choco-subscription-box”
The product “Choco-Club” (monthly subscription membership) or “Choco-Abo-Box” is a contract for the monthly delivery of chocolate tasting sets, the composition of which is determined by the supplier at his own discretion (§ 315 BGB).
The contract for the subscription (called “subscription” or “Choco-club”) for the monthly delivery of a “BOXocolate subscription” can be concluded for an indefinite period, or a limited subscription for 3 or 6 months respectively.
The termination of the indefinite subscription (“BOXocolate subscription” or “Choco-Club”) can be done by either party without giving reasons, until the 10th of any given month.
This does not affect the right to terminate for good cause.
Terminations require to be done logged in the customer’s account or at least in text form (§ 126b BGB) to be effective. This can be done via the contact form under https://boxocolate.com/contact-us/ or by e-mail at: firstname.lastname@example.org. The contact form also be accessed directly via the start page https://boxocolate.com.
3.2 Tasting events
In the event of cancellation of a tasting booking, the following costs will be charged:
up to 1 month before the day of the event – 30% of the price
until 1 week before the day of the event – 50% of the price
within the last week before the event – 80% of the price
not appearing to the event – 100% of the price
Tasting events take place from a certain minimum number of participants. In the event that the minimum number of participants has not been reached by 7 days before the beginning of the event, we can exercise our right of withdrawal. We will inform the participants immediately in this regard. The cancellation will be sent to you immediately by the organizer. The contract partner will immediately receive back the paid amount for a down payment or the completely paid amount.
4. Terms of delivery
Unless otherwise stated on the product page, shipping costs will be added to the indicated product prices. You can find out more about the shipping costs directly from the offers or under Payment & Shipping.
For the monthly delivery of the products “BOXocolate-Subscription” or “Choco-Club” , the shipment takes place on the third week of each month.
Delivery is the only way to receive products. A self-pick up of the products is unfortunately not possible. The costs for a return of the goods are at your expense.
Our prices are in Euro and include the legal value added tax. Payment of the purchase price for individual orders is due immediately upon conclusion of the contract.
Payment can be made either by bank transfer, credit card (Visa, Master Card), direct debit or Paypal Plus (www.paypal.com). We reserve the right to exclude individual payment methods. You can only exercise a right of retention if the claims result from the same contractual relationship.
The time of the payment process differs depending on the payment method: The debit of your Paypal account takes place with the order confirmation. If you use direct debit or credit card payment, your account will be debited after successful completion of the Stripe or Paypal Platform. If you pay in advance, the payment is made as soon as the money is credited to our account.
The following payment methods are available in our shop: These carry out a credit check if necessary, so that the smooth completion of the order is guaranteed.
When you place your order, you provide us with your credit card details.
After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is debited.
During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.
The customer’s payments for the monthly delivery under the “BOXocolate Subscription” or “Choco-Club” products will be charged to the specified account, PayPal account or credit card on an ongoing basis during the term of the contract. For this, a recurring payment will be established and processed on the 15th of each month.
You must ensure that the specified account or credit card has sufficient funds during the term of the contract to enable the direct debit to be collected or payment to be made by credit card.
During the term of the contract, you must ensure that the information regarding the selected payment method is correct and up to date. You must notify us immediately of any changes to the selected payment method, such as a change in your bank account or credit card.
6. Ownership & property of the products
The goods remain in our property until full payment.
7. Right of revocation
Details behind the withdrawal can be found in the Right of revocation
8. Transport damages
If goods with obvious transport damages are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
9. Statutory liability for defects and further information
The relevant statutory provisions govern our liability for defects.
10. Electronic communication
You agree that the contract-related communication can take place in electronic form.
11. Privacy regulations
12. Disclaimer for external links
Our shop may contain links to external websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal infringements at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. As soon as we become aware of any legal infringements, we will remove such links immediately.
13. Final Provisions
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. 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 country in which the consumer has his habitual residence.