General terms and conditions Chokay Webshop

Article 1. Applicability

1.1 All offers, orders and agreements of the Chokay Webshop, based in Breda, are subject to these General Terms and Conditions (hereinafter: ‘Terms and Conditions’). These Conditions will be sent to you on request.

1.2 Accepting an offer or placing an order implies that you accept applicability of these Terms and Conditions.

1.3 Deviations from the provisions of these Terms and Conditions are only possible after written notification or approval by Chokay.

1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of Chokay, are also stipulated for the benefit of intermediaries and other third parties used by Chokay.

1.5 By using the Chokay internet site and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the internet site.

Article 2. Offers/agreements

2.1 All offers made by Chokay are non-binding and Chokay expressly reserves the right to change prices, in particular when required by (legal) regulations.

2.2 An agreement is only concluded after acceptance of your order by Chokay. Chokay is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Chokay will communicate this within five (5) days after receipt of the order.

2.3 Chokay cannot be held to its offers if the consumer should have understood, in terms of reasonableness and fairness and generally accepted views, that the offer or part of it contains an obvious mistake or slip of the pen.

Article 3. Prices and payments

3.1 The prices stated for the products and services offered are in Euros, including VAT and excluding shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.

3.2 Chokay offers various payment options in the check-out page of the web shop.

3.4 If the prices for the products and services offered increase in the period between the order and its execution, you are entitled to cancel the order or dissolve the agreement within ten (10) days of notification of the price increase by Chokay.

Article 4. Delivery

4.1 The latest delivery period is 21 days after receipt of the order and payment. After exceeding this period, the other party will be notified of this as soon as possible and given the opportunity to dissolve the agreement or cancel the order. Any payments already made will be refunded within 14 days of the dissolution of the agreement.

4.2 Delivery of the products shall take place at the place and time when the products are ready for dispatch to you.

Article 5. Warranty

5.1 Chokay guarantees that the goods to be delivered meet the usual requirements and standards that can be set for them and are free of technical defects.

5.2 The “best before date” of the chocolate will be minimum 2 months after order date, unless otherwise specified on the product page.

Article 6. Retention of title

6.1 Ownership of delivered products is not transferred until you have paid everything you owe Chokay under any agreement. The risk in respect of the products is already transferred to you at the time of delivery.

Article 7. Intellectual and industrial property rights

7.1 You must fully and unconditionally respect all intellectual and industrial property rights vested in the products supplied by Chokay.

7.2 Chokay does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.

Article 8. Dissolution, return, replacement

8.1 You have the obligation to check upon delivery whether the products comply with the agreement. If this is not the case, you must inform Chokay in writing, stating reasons, as soon as possible and in any case within fourteen (14) days after delivery, or at least after observation was reasonably possible.

8.2 If you do not wish to purchase a product for any reason, you have the right to return the product within fourteen (14) days of notification to Chokay. In this case, returns will only be accepted if the product and the original packaging are completely undamaged and in unused condition. You will also bear the costs of the return shipment.

8.3 Chokay will refund the order amount (including shipping costs) within 14 days after notification of return.

8.4 It can always happen that something does not quite go as planned. We recommend that you first communicate complaints to us by emailing to hello@chokay.com. It is also possible for consumers in the EU to register complaints through the European Commission’s ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already pending elsewhere, you are free to file your complaint through the European Union platform.

Article 9. Orders/communication

9.1 Chokay is not liable for misunderstandings, mutilation, delays or improper transmission of order details and messages resulting from the use of the Internet or any other means of communication in the traffic between you and Chokay, or between Chokay and third parties, insofar as they relate to the relationship between you and Chokay, unless and insofar as there has been intent or gross negligence on the part of Chokay.

Article 10. Personal data

10.1 Chokay will record the data you provide in a file. This data will be used exclusively for the execution of your order. The personal data provided by you can be retrieved by e-mail and, at your request, amended or deleted.

10.2 Unless you have indicated that you appreciate this, your data will not be used to inform you about new offers and products or other information relevant to you. The processing of your data will be in accordance with applicable laws and regulations.

Article 11. Liability

11.1 If the goods delivered by Chokay are defective, Chokay’s liability to consumers is limited to what is stipulated in articles 5 and 8 of these terms and conditions.

11.2 Chokay is not liable if the damage is due to intentional and/or gross negligence and/or culpable action, or inexpert or improper use by the consumer.

11.3 Chokay is never obliged to pay any compensation to the Buyer or others, unless there is intent or gross negligence on the part of Chokay. Chokay is never liable for consequential or trading loss, indirect damage and loss of profit or turnover.

11.4 If Chokay, for whatever reason, is obliged to compensate any damage, the compensation will never exceed an amount equal to the invoice value relating to the product or service that caused the damage.

Article 12. Force majeure

12.1 Without prejudice to its other rights, Chokay has the right, in the event of force majeure, at its own discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by informing you of this in writing and without Chokay being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.

12.2 Force majeure means any shortcoming that cannot be attributed to Chokay because it is not due to its fault and is not for its account by virtue of the law, legal act or generally accepted practice.

Article 13. Intellectual property

13.1 The Buyer expressly acknowledges that all intellectual property rights of displayed information, announcements or other expressions relating to the products and/or relating to the internet site belong to Chokay, its suppliers or other claimants.

13.2 Intellectual property rights means patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.

13.3 The Buyer is prohibited from using, including making changes, the intellectual property rights as described in this article, such as reproduction, without the express prior written consent of Chokay, its suppliers or other entitled parties, unless it is purely for private use in relation to the product itself.

Article 14. Other provisions

14.1 If you provide Chokay with an address in writing, Chokay is entitled to send all orders to that address, unless you notify Chokay in writing of another address to which your orders should be sent.

14.2 When Chokay allows deviations from these Terms and Conditions, whether tacitly or not, for a short or longer period of time, this does not affect its right to still demand direct and strict compliance with these Terms and Conditions. You can never assert any rights based on the fact that Chokay applies these Terms and Conditions flexibly.

14.3 If one or more of the provisions of these Terms and Conditions or any other agreement with Chokay should conflict with any applicable legal regulation, the provision in question will lapse and will be replaced by a new comparable provision permissible by law to be determined by Chokay.

14.4 Chokay is authorised to use third parties in the execution of your order(s).

Article 15. Applicable law and competent court

15.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.

15.2 All disputes between the parties will be exclusively submitted to the competent court in the Netherlands. Chokay submits to the jurisdiction of the competent court of Chokay’s place of business.