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General Terms & Conditions

1. Basis

On its website www.chobachoba.com, Choba Choba AG, Wylerringstrasse 36, 3014 Berne, Switzerland, offers exclusive chocolate for sale to its customers.

2. Scope of Application

  • (a) Every time a customer (“you” or “Customer”) accesses the website www.chobachoba.com (“Website”) and/or orders chocolate or other products (e.g. pro-motional products) („Goods“) via the Website, Customer declares towards Choba Choba AG (“CHOBA CHOBA”) to understand and accept these General Terms and Conditions (“GTC”).
  • (b) The performance of the contract between you and CHOBA CHOBA is exclusively governed by the GTC, except for specific condition of sales applicable to special products or offers of CHOBA CHOBA. Any contradictory or deviating terms and conditions shall not apply. These GTC shall apply exclusively and integrally even where CHOBA CHOBA was aware of the contradictory terms and conditions or of deviations from these GTC made by you and where CHOBA CHOBA nevertheless carries out an or-der without reservation.
  • (c) If individual provisions of these GTC are or become entirely or partially invalid, then the validity of the remaining provisions or parts of such provisions of the GTC is not affected. The invalid or missing provisions shall be replaced by the respective applicable statutory regulations.

3. Ordering of Goods from the Online Shop

3.1. Ordering and Conclusion of Contract

  • (a) According to the offer in the CHOBA CHOBA online shop, the Customer may order Goods one at a time or in subscriptions “chocolate subscription” and “corporate offer”. All offers on the Website are non-binding.
  • (b) By clicking the „order and pay” button in the CHOBA CHOBA online shop, you place a binding order of the Goods in your shopping cart.
  • (c) With respect to the chocolate subscription, Customer may to some extent select the flavours him-/herself within the offered range. If Customer does not select any flavours with respect to a chocolate subscription within the period set by CHOBA CHOBA, CHOBA CHOBA may select in the Customers’ place.
  • (d) Confirmation of receipt of the Customer’s order is immediately sent electronically by CHOBA CHOBA to the Customer. However, a contract between you and CHOBA CHOBA shall only be concluded once CHOBA CHOBA has expressly accepted the order. CHOBA CHOBA reserves the right to refuse the conclusion of a contract without giving any reasons.

3.2. Delivery and Place of Performance

  • (a) Ordered products are delivered within 3 to 5 working days. Delivery times are indicative.
    For “corporate offers”, the delivery times are as follows:
    – 3 to 5 working days for deliveries of at least 300 products;
    – 5 to 10 working days for deliveries of more than 300 products;
    – 2 weeks for personalized products.
  • (b) Any agreed delivery dates shall not be deemed binding. When purchasing a chocolate subscription, the Customer shall receive the Goods on the delivery dates as determined by CHOBA CHOBA during the Customer’s term of subscription. Should CHOBA CHOBA be in default with the delivery, the Customer may not withdraw from the order. Article 3.5. (b) of these GTC shall be reserved. CHOBA CHOBA shall not be liable for any damage caused by the delay.
  • (c) The Goods are delivered by post to the delivery ad-dress you provide to CHOBA CHOBA when placing the order. The place of performance is the place where CHOBA CHOBA of handover to Swiss Post (or any other carrier). Customer shall bear the risk for the transport of the Goods from the place of performance. The Customer shall accept partial deliveries. CHOBA CHOBA reserves the right to choose other de-livery methods.
  • (d) CHOBA CHOBA exclusively delivers your Goods to the following countries: Liechtenstein and Switzerland.

3.3. Prices and Payment Terms

  • (a) The prices and charges are those indicated on the website at the time of the order and in the currency indicated on the site.
  • (b) Delivery fees are 5.- CHF per order except for all CHOBA CHOBA Club products (subscription) for which delivery is free of charge. For “corporate offers” orders, the delivery costs are as follows:
    • 15.- CHF for an order of 1’000.- CHF or less (by mail B)
    • 20 .- CHF for an order over CHF 1’000 (by post B)
    • 80 .- CHF for an order requiring a delivery truck.
  • (c) The minimum order amount for a “corporate offer” is CHF 500.-.
    Any anticipated transport costs will be shown separately during the order transaction and must be borne by you, and all indicated prices exclude VAT.
  • (d) If you order Goods to be delivered to an address outside of Switzerland or Liechtenstein, import duties and taxes may be incurred. Any additional fees for customs must be borne by you. CHOBA CHOBA does not have any influence on these fees.
  • (e) You may pay for the Goods by credit card, Post card Post E-Finance or against invoice (Swissbilling). CHOBA CHOBA may refuse individual payment options for certain Customers without giving any reasons. If you wish to pay on invoice, we charge an additional administrative cost:
    – 1.50 CHF for an electronic invoice sent by e-mail (PDF)
    – 3.90 CHF for a physical invoice sent by mail.
    The full purchase price must be credited on the bank account mentioned on the invoice by the last day of the payment term. Upon expiry of the payment term, Customer is automatically in default. From this date, Customer shall owe interest of 5% per year.
  • (f) CHOBA CHOBA reserves the right to issue invoices and credit notes in electronic form exclusively. Customer shall refrain from offsetting disputed claims or claims not enforced by law.
  • (g) If a chocolate subscription is renewed for another year, the respective amount is automatically charged to you, if possible. If you have selected payment by invoice, you will receive a new invoice. The payment terms mentioned in Article 3.3. (d) GTC shall apply.

3.4. Gift Vouchers

  • (a) CHOBA CHOBA may issue gift vouchers. Gift vouchers are not cumulative and may be redeemed for each order prior to completing the ordering process by entering the gift voucher code; any subsequent deduction is excluded. The credit balance of a gift voucher shall neither be paid out nor shall any interest be paid thereon.
  • (b) If the credit balance of a gift voucher is not sufficient for an order, the difference can be settled with the offered payment methods.
  • (c) Gift vouchers are transferable. In case of loss, theft or misuse of gift vouchers, CHOBA CHOBA shall reject any liability.

3.5. Cancellation

  • (a) CHOBA CHOBA is entitled to withdraw from an order at any time prior to the delivery of the Goods without giving any reasons. Any purchase price payments al-ready received shall be reimbursed to Customer.

4. Limitation and Automatic Renewal of Chocolate Subscription

  • (a) Chocolate subscriptions are limited to the term mentioned in the offer (e.g. “subscription for 6 boxes” or “half-year subscription” or “annual subscription”).
  • (b) CHOBA CHOBA will send you a reminder e-mail in-forming you that the chocolate subscription will be automatically renewed. Unless the Customer explicitly objects to the renewal of the chocolate subscription within 30 days upon receipt of the last delivery during the term of subscription (e.g. in case of a subscription for 6 boxes upon receipt of the 6th delivery) by e-mail to CHOBA CHOBA, the chocolate subscription shall be automatically renewed for the respective preceding term. Upon receipt of your letter, CHOBA CHOBA will confirm the non-renewal of the chocolate subscription to you by e-mail.

5. Material Warranty

  • (a) Customer shall inspect the Goods immediately upon receipt with respect to any obvious material defects and must notify CHOBA CHOBA thereof in writing immediately upon receipt of the delivery. Goods which were not ordered by the Customer must also be reported immediately. Hidden material defects must be reported in writing immediately after detection. Qualitative defects (impurities, discoloration, deteriorations, etc.) shall only be deemed to be material defects if they occur prior to the expiration date.
  • (b) In case of material defects, you only have the right to demand defect-free replacement of the Goods. Claims for rectification, reduction of the purchase price or rescission are excluded to the extent permit-ted by law. Instead of the replacement of Goods, CHOBA CHOBA may grant you a credit note for Goods.
  • (c) Notices of defects must be in writing and addressed to:
    Choba Choba AG
    c/o changels gmbh
    Wylerringstrasse 36
    3014 Bern
    community@chobachoba.com
  • (d) The limitations of liability agreed according to these GTC apply (see Article 6 GTC).

6. Liability

  • Unless expressly provided otherwise in these GTC, any liability of CHOBA CHOBA for any and every direct and indirect damage (such as e.g. loss of profit, lost savings or claims of third parties) shall be excluded, provided that no key contractual or pre-contractual obligation has been violated by CHOBA CHOBA. The liability amount is limited to the contractual damage typically foreseeable upon conclusion of the contract.

7. Applicable Law and Place of Jurisdiction

  • These GTC are subject to Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (“Vienna Sales Convention”). Any disputes arising out of or in relation to these GTC shall be submitted to the exclusive jurisdiction of the courts of Berne.

VAT number in Switzerland: CHE-160.867.569 MWST

VAT number in European Union (Germany): DE308302675