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General Terms & Conditions

1. Basis

On its website www.chobachoba.com, Choba Choba AG, Wylerringstrasse 36, 3014 Berne, Switzerland, of-fers exclusive chocolate for sale to its customers. In addition, CHOBA CHOBA regularly publishes contribu-tions on its website (blogs, reports, photos, inter-views, etc.) revolving around its “chocolate revolu-tion”.

2. Scope of Application

  • (a) Every time a customer (“you” or “Customer”) access-es the website www.chobachoba.com (“Website”) and/or orders chocolate or other products (e.g. pro-motional products) („Goods“) via the Website, Cus-tomer declares towards Choba Choba AG (“CHOBA CHOBA”) to understand and accept these General Terms and Conditions valid in the version at the mo-ment of access to the Website / when placing the or-der (“GTC”).
  • (b) Moreover, Customer declares to have read the cur-rent valid version of CHOBA CHOBA’s Privacy Policy. The currently valid version of this Privacy Policy can be downloaded here.
  • (c) The usage of the Website and the performance of the contract between you and CHOBA CHOBA are exclu-sively governed by the GTC and the Privacy Policy 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.
  • (d) 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 provi-sions 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”). 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) Any agreed delivery dates shall not be deemed bind-ing. 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.
  • (b) 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 oth-er carrier). Customer shall bear the risk for the transport of the Goods from the place of perfor-mance. The Customer shall accept partial deliveries. CHOBA CHOBA reserves the right to choose other de-livery methods.
  • (c) CHOBA CHOBA exclusively delivers your Goods to the following countries: Liechtenstein and Switzerland.

3.3. Prices and Payment Terms

  • (a) The prices listed on the Website in the currency men-tioned there at the time of ordering shall apply. Any anticipated transport costs will be shown separately during the order transaction and must be borne by you.
  • (b) 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.
  • (c) You may pay for the Goods by credit card, Post card Post E-Finance or against invoice (Swissbilling). CHO-BA CHOBA may refuse individual payment options for certain Customers without giving any reasons.
  • (d) Your credit card, Post card or Post E-Finance account will be charged once the contract has been conclud-ed. You are obliged to pay CHOBA CHOBA’s invoices within 30 calendar days from the invoice date. The full purchase price must be credited on the bank ac-count mentioned on the invoice until 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% for the year.
  • (e) CHOBA CHOBA reserves the right to issue invoices and credit notes in electronic form exclusively. Cus-tomer shall refrain from offsetting disputed claims or claims not enforced by law.
  • (f) 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 en-tering the gift voucher code; any subsequent deduc-tion 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.
  • (b) If you have your place of habitual residence or domicile in a Member State of the European Union and are a consumer within the meaning of the appli-cable legislation, you may be entitled to a statutory right of cancellation. If this applies to you, you will re-ceive the respective Cancellation Policy together with the confirmation of receipt of your order.

4. Limitation and Automatic Renewal of Chocolate Subscription

  • (a) Chocolate subscriptions are limited to the term men-tioned 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 explicit-ly objects to the renewal of the chocolate subscrip-tion within 30 days upon receipt of the last delivery during the term of subscription (e.g. in case of a sub-scription for 6 boxes upon receipt of the 6th delivery) by e-mail to CHOBA CHOBA, the chocolate subscrip-tion shall be automatically renewed for the respec-tive 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 detec-tion. Qualitative defects (impurities, discolouration, deteriorations, etc.) shall only be deemed to be mate-rial 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
  • (d) The limitations of liability agreed according to these GTC apply (see Article 7 GTC).

6. Intellectual Property

  • (a) All intellectual property rights to the contents of the Website and to the Goods (in particular the CHOBA CHOBA chocolate boxes) shall remain with CHOBA CHOBA or the respective copyright holders.
  • (b) Contents of the Website may be printed or otherwise reproduced for private purposes only. You shall not modify, copy, transmit, distribute, display, perform, reproduce, publish, license, use as frame in a website, transfer and/or create derivative works from or oth-erwise use in any other way for commercial or public purposes any contents of this Website beyond the rights of use permitted by law.
  • (c) CHOBA CHOBA is a protected company name and a protected brand name. In addition, the logo of CHO-BA CHOBA is a registered trademark. CHOBA CHOBA shall reserve any and all rights in this respect.

7. Liability

  • (a) Unless expressly provided otherwise in these GTC, any liability of CHOBA CHOBA for any and all 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 obligation or no key pre-contractual obligation was violated by CHOBA CHOBA. Key contractual obligations are obligations which protect the Customer’s key contractual rights which are granted to the Customer under the con-tract in terms of subject matter and purpose. Fur-thermore, key contractual obligations are obligations whose fulfilment enables the proper implementation of the contract in the first place and upon whose ob-servance the Customer regularly relies or may rely. However, in these cases the liability amount is limited to the contractual damage typically foreseeable upon conclusion of the contract.
  • (b) This exclusion of liability according to Article 7. (a) GTC shall not apply if the damage is caused willfully or by gross negligence or if mandatory product liabil-ity regulations shall apply or unless CHOBA CHOBA shall be liable otherwise pursuant to mandatory legal provisions. Moreover, the exclusion of liability shall not apply to damage from injury to life, body or health (personal injuries).

8. Data Protection, Advertising, Newsletter and Cook-ies

  • (a) CHOBA CHOBA shall act in compliance with the appli-cable data protection regulations. Please find detailed rules regarding CHOBA CHOBA‘s privacy practices in our Privacy Policy. You can find our Privacy Policy here.
  • (b) You hereby agree that we may from time to time send you unsolicited advertising material or newslet-ters on current developments of CHOBA CHOBA and/or its products. You have the option of unsub-scribing from such newsletters at any time (via un-subscribe link in each newsletter or by e-mail to community@chobachoba.com). After you unsub-scribe from such newsletters, CHOBA CHOBA will no longer send you any unsolicited advertising material or newsletters.
  • (c) You are aware of the fact that this Website uses so-called „cookies“. Cookies are small text files sent by the corresponding web server to the Customer’s browser upon first visit of the Website and saved on-to the Customer’s device or in the cache of the browser. When the same device accesses the Web-site the next time, the browser checks whether a cor-responding cookie is already available. The browser then sends the data saved in the cookie back to the web server. That way the web server can detect whether the browser has already visited the respec-tive Website. You hereby agree that such cookies may be placed on your terminal device. You can set your browser not to save any cookies of this Website on your hard disk, or have your browser delete the cook-ies already saved on your device respectively. How-ever, you should bear in mind that by doing so you may no longer be able to use all the provided func-tions of the Website in full.

9. Applicable Law and Place of Jurisdiction

  • (a) These GTC are subject to Swiss substantive law to the exclusion of the United Nations Convention on Con-tracts 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. However, CHOBA CHOBA reserves its right to institute proceedings against you at your place of habitual residence or domicile.
  • (b) The preceding choice of law and venue shall not apply if and to the extent that under the applicable laws you (i) are a consumer within the meaning of Swiss law or any other legislation and (ii) are entitled to mandatorily invoke the application of another law and/or the jurisdiction of another court.

VAT number in Switzerland: CHE-160.867.569 MWST

VAT number in European Union (Germany): DE308302675