
Terms & Conditions
Table of Contents
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Scope of Application
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Conclusion of Contract
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Right of Withdrawal
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Prices and Payment Conditions
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Delivery and Shipping Conditions
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Retention of Title
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Liability for Defects (Warranty)
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Liability
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Applicable Law
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Alternative Dispute Resolution
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1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "T&Cs") of Zorao Cacao UG (haftungsbeschränkt), owned by Franziska Schmitt and Felix Rupprecht (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed upon.
1.2 A consumer in the sense of these T&Cs is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
1.3 An entrepreneur in the sense of these T&Cs is any natural or legal person or a legally responsible partnership acting in the exercise of its commercial or independent professional activity when concluding a legal transaction.
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2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller but are intended for the submission of a binding offer by the Customer.
2.2 The Customer can submit their offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic order process, the Customer submits a legally binding contractual offer with respect to the goods in the shopping cart by clicking the button that completes the order process.
2.3 The Seller can accept the Customer’s offer within five days:
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by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive; or
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by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive; or
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by requesting payment from the Customer after the order is placed.
2.4 The period for accepting the offer begins on the day after the Customer sends the offer and ends on the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be considered a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.5 When selecting a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at: PayPal Terms. If the Customer does not have a PayPal account, the terms for payments without a PayPal account apply, available at: PayPal Privacy.
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3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Detailed information about the right of withdrawal is provided in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product description, the prices indicated are total prices that include the statutory value-added tax (VAT). Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The Customer will be informed of the available payment methods in the Seller's online shop.
4.3 When using "Shopify Payments" as a payment method, payments are processed via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Details of available payment options are provided to the Customer during the order process.
5) Delivery and Shipping Conditions
5.1 The delivery of goods is carried out to the delivery address specified by the Customer, unless otherwise agreed upon. The delivery address stated during the Seller's checkout process is decisive for the transaction.
5.2 If delivery fails for reasons attributable to the Customer (e.g., incorrect delivery address), the Customer bears the costs incurred as a result.
5.3 The risk of accidental loss and accidental deterioration of the goods passes to the Customer or a person authorized to receive the goods upon delivery. If the Customer is an entrepreneur, the risk passes when the Seller hands over the goods to the carrier.
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6) Retention of Title
If the Seller delivers the goods before receiving payment, ownership of the delivered goods remains with the Seller until full payment is made.
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7) Liability for Defects (Warranty)
7.1 If the purchased goods are defective, the provisions of statutory liability for defects apply.
7.2 For entrepreneurs:
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The limitation period for defect claims is one year from the delivery of the goods.
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In the case of used goods, the rights and claims based on defects are excluded.
8) Liability
8.1 The Seller is fully liable for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
8.2 In case of slight negligence, the Seller is only liable for breaches of essential contractual obligations (cardinal duties). In this case, the liability is limited to the typical foreseeable damages.
8.3 Liability for any other cases of slight negligence is excluded.
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9) Applicable Law
The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection provided by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
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10) Alternative Dispute Resolution
10.1 The European Commission provides a platform for online dispute resolution (ODR), which is accessible at the following link: ODR Platform.
10.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.