T&Cs

GENERAL TERMS AND CONDITIONS AND CUSTOMER INFORMATION

(The following general terms and conditions include legal information about your rights according to rules governing.distance selling contracts and Ecommerce.)

1. Scope

2. Offers and Service Descriptions

3. Ordering and Contract Regulations

4. Pricing and Shipment Costs

5. Shipments and Goods Availability

6. Payment Terms

7. Retention of Title

8. Warranty and Liability for Material Defects

9. Liability

10. Storage of the Contract

11. Data Privacy

12. Place of Jurisdiction, applicable Law, Contract Language

1. Scope
1.1. The general terms and conditions that were applicable at the time of order are the only regulation governing the business relationship between beckscocoa eK, Michael Beck, Nymphenburger Str. 184, 80634 München („seller“) and the customer („customer“).
1.2. Our customer service is available to respond to any questions, claims and complaints from 9:00am to 12:00 Noon and can be contacted via email to kakao@beckscocoa.com.
1.3. For the purposes of these terms and conditions a „consumer“ is any natural person that completes a legal act in pursuit of a certain purpose which can be regarded as being outside of his/her trade or profession (§ 13 BGB). 1.4. Terms and conditions provisioned by the customer are not accepted unless the seller explicitly agrees with them.

2. Offers and Service Descriptions 
2.1. The presentation of the products in the online shop is an invitation to place an order and does not constitute a legally binding offer. Service descriptions in catalogues and on the seller's websites cannot be interpreted as an assurance or a warranty.
2.2. Unless otherwise noted on the products, all offers are valid “while supplies last“. All offers are subject to errors.
3. Ordering and Contract Regulations 
3.1. Without committing to a purchase the customer is entitled to select products from the seller's range and collect these in a so-called shopping cart by using a button [Add to Cart]. In the next step the customer can use the button [Proceed to Checkout] to proceed to the completion of the order process.
3.2. By clicking on the button [Buy] the customer places a binding order to buy the goods in the shopping cart. Before sending the order the customer can view and modify the data in every step of the order process. Required information is marked with an asterisk (*).
3.3. Next, the seller sends the customer an automatically created order confirmation with all order details that the customer can print by using the “Print“ feature (order confirmation). The automatically created order confirmation only serves to document that the customer's order has arrived at the seller's end; it does not constitute an acceptance of the request. To reach a sales agreement the seller must send the ordered product to the customer within two working days, hand it over or confirm the dispatch of the order to the customer within two days by sending another email, an explicit dispatch confirmation or the invoice.
3.4. In case the seller allows advance payments the contract becomes binding by provision of the bank details and the payment request. Should the payment not arrive on the seller's account after its due date and following a reminder within 10 calendar days after sending the order confirmation, the seller shall withdraw from the contract. As a consequence, the order shall be void and the seller is no more obliged to deliver the ordered goods. Non-payment voids the order for buyer and seller without any further consequences. Item reservations in case of advance payments shall therefore be valid no longer than 10 days.
4. Pricing and Shipment Costs 
4.1. All prices stated on the website of the seller are inclusive of applicable legal value-added tax.
4.2. To cover for the delivery the seller adds a shipment fee on top of the stated price. The shipment fees are stated on a separate information page and are clearly communicated in the order process.
5. Shipments and Goods Availability 
5.1. Where delivery against advance payment has been agreed, the ordered goods are dispatched once the invoice amount has arrived on the account.
5.2. When some of the ordered products are out of stock, the seller may – at its own expense – send out partial deliveries where this is reasonable.
5.3. Should delivery of the goods fail after three delivery attempts through the fault of the buyer, the seller can withdraw from the contract. Any payments received from the buyer shall be refunded immediately.
5.4. Should the ordered product be unavailable because the seller did not receive these from a supplier through no own fault, the buyer can withdraw from the contract. In such a case the seller shall immediately inform the customer and suggest a similar product as an alternative. If no similar product is available or if the customer rules out the delivery of a similar product, the seller shall immediately refund the customer any previous payments.
5.5. Customers shall be able to find information about delivery times and delivery limitations (for example deliveries to a limited number of countries) on a separate information page or within the relevant product description.
6. Payment Terms 
6.1. During and before completion of the order process the customer can choose from a range of payment options. The available payment options are explained to the customer on a separate information page.
6.2. If payment by invoice is possible, payment needs to arrive on the account within 30 days after arrival of the goods and the invoice. All other payment options include advance payment without discounts.
6.3. Where third party payment providers (for example PayPal) are involved, their general terms and conditions shall be applicable.
6.4. Should the payment due date be determined by calendar, missing the payment date brings the customer into arrears. In that case the customer shall be held liable to pay the legislative interest on arrears. 
6.5. The customer's obligation to pay interest on arrears does not preclude the seller's right to other arrears claims.
6.6. A right to offset costs is granted to the customer only when there are counter claims that were established in a legally binding procedure or accepted by the seller. The only reason for the customer to exercise a right of retention emerges when the claims result from the same contractual agreement.
7. Retention of Title 
The delivered goods remain property of the seller until they have been fully paid.
8. Warranty and Liability for Material Defects 
8.1. Warranties are subject to legislation.
8.2. A warranty claim on the goods delivered by the seller shall only exist when it was explicitly awarded. A detailed explanation of the warranty terms is given to the customer before the order process.
9. Liability
9.1. For any liability for claims on damages against the seller the following damage disclaimers and liability limitations are valid without prejudice of any other statutory claim requirements.
9.2. If the damage is due to wilful intent or gross negligence, the seller's liability is unlimited.
9.3. In addition, the seller shall be held liable for careless violations of substantial obligations that need to be fulfilled to ensure a due and proper execution of the contract and that are subject to the customer's good faith. In such a case the seller's liability is limited to any foreseeable, contract-specific damage. The seller can not be held liable for injuries of third parties out of carelessness other than those covered in the previous terms.
9.4. The above liability limitations do not apply in cases where life, body and health are harmed, in cases where material defects emerge after a warranty on the nature of the product has been provided and for maliciously undisclosed defects. Any liability according to the German product liability act is not affected.
9.5. To the extent that any seller liability can be ruled out or is limited, the above clause also is applicable to the personal liability of employees, representatives and agents.
10. Storage of the Contract 
10.1. To print the contract before placing an order with the seller the customer can use the browser's print feature in the last step of the order process.
10.2. The seller shall send the customer an order confirmation with all order information to the provided email address. Included in the order confirmation, the customer also receives a copy of the general terms and conditions, instructions on withdrawal and information on shipping costs, shipment terms and payment terms. Customers who registered in our shop can view their orders in their profile.
11. Data Privacy 
11.1. The seller shall process personal customer data for the intended purpose and according to applicable legislation.
11.2. The seller uses the personal information provided in the ordering process (e.g. name, Email address, postal address, payment information) to fulfil and execute the agreement. The information is kept confidential and shall not be shared with third parties that are not involved in the order, delivery or payment process.
11.3. The customer is entitled to free of charge information about the personal data that the seller retains. Additionally, the customer has the right to have incorrect data corrected and to have personal data locked or deleted unless a record retention period is in place.
11.4. Further information about the nature, scope, location and purpose of the collection, processing and usage of the required personal data by the seller can be found in the privacy statement.
12. Place of Jurisdiction, applicable Law, Contract Language 
12.1. If the customer is an entrepreneur, a legal entity under public law or a public law special fund, the place where the seller's business is registered is the place of jurisdiction and fulfilment.
12.2. The applicable contract language is German.