General terms and conditions

General Terms and Conditions

Index:
Article 1 – Definitions
Article 2 – Identity of Chocolate Company Retail bv
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Preclusion from right of withdrawal
Article 9 – The price
Article 10 – Conformity and guanrantee
Article 11 – Supply and implementation
Article 12 – Extended duration transactions: duration, termination and prolongation
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Branch guarantee
Article 17 – Additional or different stipulations
Article 18 – Amendment to the general terms and conditions of Thuiswinkel

Article 1 – Definitions
The following definitions apply in these terms and conditions:
1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person whose action is not within the course of a profession or business and
who enters into an distance contract with Chocolate Company Retail bv;
3. Day: calendar day;
4. Extended duration transaction: a distance contract that relates to a series of products and/or services,
whereby the obligation to supply and/or purchase is spread over a period of time;
5. Durable medium: every means that enables the consumer or trader to store information that is
addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the
stored information;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the
withdrawal period;
7. Trader the natural or legal person who offers products and/or services to consumers from a distance;
8. Distance contract: an contract whereby sole use is made of one or more techniques for distance
communication within the framework of a system organized by Chocolate Company Retail bv for the distance sale of
products and/or services, up to and including the moment that the contract is concluded;
9. Technique for distance communication: means that can be used for concluding an contract, without
the consumer and trader being in the same place at the same time.

Article 2 – Identity of Chocolate Company Retail bv
Chocolate Company Retail b.v.
Vestigings- & bezoekadres:
Wiebachstraat 27
6466NG Kerkrade

Telephone and reachability of the webshop by phone can be found under Amsterdam Rijnstraat store information. 
 
E-mailadres: shopservice@chcocompany.com
KvK-nummer: 57811016
Btw-identificatienummer: NL852746295B01

Article 3 – Applicability
1. These general terms and conditions apply to every offer made by an trader and to every distance
contract that is realised between an trader and a consumer.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made
available to the consumer. If this is not reasonably possible, Chocolate Company Retail bv will indicate, before the distance contract is concluded, that the general terms and conditions are available for inspection at Chocolate Company Retail bv’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the
consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before
the distance contract is concluded, the consumer will be provided with the text of these general terms
and conditions electronically, in such a way that the consumer can easily store them on a durable data
carrier. If this is not reasonably possible, then before concluding the distance contract, Chocolate Company Retail bv will indicate where the general terms and conditions can be inspected electronically and that at his request
they will be sent to the consumer free of charge, either electronically or in some other way.
4. In cases where specific product or service-related terms and conditions apply in addition to these
general terms and conditions, the second and third paragraphs apply by analogy and the consumer can
always invoke the applicable condition that is most favorable to him in the event of incompatible general
terms and conditions.

Article 4 – The offer
1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly
mentioned in the offer.
2. The offer contains a complete and accurate description of the products and/or services being offered.
The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.
If Chocolate Company Retail bv makes use of illustrations, these will be a true representation of the products and/or services being offered. Chocolate Company Retail bv is not bound by obvious errors or mistakes in the offer.
3. Every offer will contain such information that makes it clear to the consumer what rights and obligations
are involved in accepting the offer. This includes, in particular:
• the price, including taxes;
• any costs of delivery;
• the way in which the contract shall be concluded and which actions this will require;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and implementation of the contract;
• the period for accepting the offer or the period for which Chocolate Company Retail bv guarantees the price;
• the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the regular basic tariff for the chosen communication technique;
• if a contract is filed subsequent to its conclusion, and if so, the way in which this can be accessed by
the consumer;
• the way in which the consumer can obtain information about the data he has provided for in the course of the contract, as well as the way he can rectify these before the contract is concluded;
• the languages in which, in addition to Dutch, the contract can be concluded;
• the behavioral codes to which Chocolate Company Retail bv is subject and the way in which the consumer can consult
these behavioral codes electronically; and
• the minimum duration of the distance contract, in the event of a contract that involves the continual or
periodical supply of products or services.

Article 5 – The contract
1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which
the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
2. If the consumer has accepted the offer electronically, Chocolate Company Retail bv will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by Chocolate Company Retail bv.
3. If the contract is concluded electronically, Chocolate Company Retail bv will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, Chocolate Company Retail bv will take suitable security measures.
4. Chocolate Company Retail bv may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives Chocolate Company Retail bv proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
5. Together with the product or service, Chocolate Company Retail bv will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
a. the office address of Chocolate Company Retail bv’s business location where the consumer can lodge complaints;
b. the conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the data included in article 4, paragraph 3 of these conditions, unless Chocolate Company Retail bv has already provided the consumer with these prior to concluding the contract;
e. the requirements for terminating the contract, if the duration of the contract exceeds one year or is
indefinite.
6. In case of a extended duration contract, the stipulation in the previous paragraph applies only to the first
delivery.

Article 6 – Right of withdrawal
Upon delivery of products
1. When purchasing products, a consumer has the possibility of dissolving the contract, without giving
reasons, during fourteen days. This period commences on the day after the product was received by
the consumer or a representative previous designated by the consumer and announced to Chocolate Company Retail bv.  After this, the consumer has another fourteen days to return the product.
2. During this period the consumer will treat the product and its packaging with care. He will only unpack
or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to Chocolate Company Retail bv, with all associated components, and – in as far as this is reasonably possible – in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by Chocolate Company Retail bv.
Upon delivery of services
3. When services are supplied, a consumer has the possibility of dissolving the contract, without giving reasons, during at least fourteen days, starting on the day when the contract was concluded.
4. In order to make use of his right of withdrawal, the consumer will act in accordance with the reasonable and clear instructions that Chocolate Company Retail bv provided when the offer was made and/or at the latest upon delivery.

Article 7 – Costs in a case of withdrawal
1. If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of
returning the goods.
2. If the consumer has paid a sum, Chocolate Company Retail bv will refund this sum as quickly as possible, though at the latest within 14 days after the goods were returned or after the withdrawal.

Article 8 – Preclusion from right of withdrawal
1. Chocolate Company Retail bv can preclude the consumer from having a right of withdrawal as far is provided for in
paragraph 2 and 3 of this article. The preclusion of the right of withdrawal is only valid if Chocolate Company Retail bv clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
2. Preclusion from the right of withdrawal is only possible for products:
a) that have been created by Chocolate Company Retail bv in accordance with the consumer’s specifications;
b) that are clearly of a personal nature;
c) that cannot be returned due to their nature;
d) that rapidly decay or become obsolete;
e) the price of which is subject to fluctuations on the financial market over which Chocolate Company Retail bv has no
influence;
f) for individual newspapers and magazines;
g) for audio- and video-recordings and computer software, whereby the consumer has broken the seal.
Due to the nature of chocolate food products and for hygienic reasons, the consumer cannot return chocolate products of any kind.

3. Preclusion from the right of withdrawal is only possible for services:
a) relating to accommodation, transport, restaurant business or leisure activities to be carried out on a given date or during a given period;
b) the supply of which commenced, with the explicit consent of the consumer, before the withdrawal period had lapsed;
c) relating to bets and lotteries.

Article 9 – The price
1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
2. Contrary to the previous paragraph, Chocolate Company Retail bv may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which Chocolate Company Retail bv has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are
recommended prices.
3. Price increases within 3 months after the contract was concluded are only permitted if they are the result
of statutory regulations or stipulations.
4. Price increases more than 3 months after the contract was concluded are only permitted if Chocolate Company Retail bv stipulated as much and:
a)they are the result of statutory regulations or stipulations; or
b)the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
5. Prices stated in offers of products or services include VAT.

Article 10 – Conformity and Guarantee
1. Chocolate Company Retail bv guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations
and/or government regulations that existed on the date that the contract was concluded. If agreed Chocolate Company Retail bv  also guarantees that the product is suited for other than normal designation.
2. A guarantee arrangement offered by Chocolate Company Retail bv, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce against Chocolate Company Retail bv.

Article 11 – Supply and implementation
1. Chocolate Company Retail bv will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is deemed to be the address that the consumer makes known to the company.
3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
4. In the case of dissolution in accordance with the previous paragraph, Chocolate Company Retail bv will refund the consumer the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
5. Should delivery of a product that has been ordered prove impossible, Chocolate Company Retail bv will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles. The costs of return shipments will be charged to Chocolate Company Retail bv.
6. The risk of damage and/or loss of products rests upon Chocolate Company Retail bv up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to Chocolate Company Retail bv,
unless this has explicitly been agreed otherwise.
7. The products are packaged so that they can be delivered without loss of quality up to an outside temperature of 22 degrees Celsius, assuming the delivery company succeeds in delivering the product within 24 hours.  If product quality is not sufficient in spite of the care taken with shipping, the customer and/or receiver of the product can contact Chocolate Company Retail bv.  We will process the complaint according to the complaint protocol.
8. Deliveries of perishable chocolate products at temperatures above 22 degrees Celsius will only be made at the customer's own risk or with the customer paying the additional cost of cooled shipment.  Other deliveries will be limited to products and orders containing products which will not be perishable at temperatures above 22 degrees.  We will inform the consumer in a timely manner of the delivery procedure in place at higher temperatures. 

Article 12 – Extended duration transactions: duration, termination and prolongation
Termination
1. The consumer has a right at all times to terminate an open-ended contract that was concluded for the
regular supply of products (including electricity) or services, subject to the agreed termination rules and a
period of notice that does not exceed one month.
2. The consumer has a right at all times to terminate a fixed-term contract that was concluded for the
regular supply of products (including electricity) or services at the end of the fixed-term, subject to the
agreed termination rules and a period of notice that does not exceed one month.
3. With respect to contracts as described in the first two paragraphs, the consumer can:
- terminate them at all times and not be limited to termination at a specific time or during a specific period;
- terminate them in the same way as that in which they were concluded;
- always terminate them subject to the same period of notice as that stipulated for Chocolate Company Retail bv.
Prolongation
4. A fixed-term contract that was concluded for the regular supply of products (including electricity) or
services may not be automatically prolonged or renewed for a fixed period of time.
5. In departure from that which is stated in the previous paragraph, a fixed-term contract that has been
concluded for the regular supply of daily or weekly newspapers or magazines may be automatically
prolonged for a fixed term that does not exceed three months, if the consumer is at liberty to terminate
this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed
one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may only be
automatically prolonged for an indefinite period of time if the consumer has at all times the right to
terminate, with a period of notice that does not exceed one month and, in the case of a contract to
supply daily or weekly newspapers or magazines regularly but less than once per month, a period that
does not exceed three months.
7. A fixed term contract for the regular supply, by way of introduction, of daily or weekly newspapers and
magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will
automatically terminate at the end of the trial period or introductory period.
Duration
8. If the fixed-term of a contract exceeds one year, then after one year the consumer has at all times a right
to terminate, with a period of notice that does not exceed one month, unless reasonableness and
fairness dictate that premature termination of the contract would be unacceptable.

Article 13 – Payment
1. As far as no other date has been agreed, sums payable by the consumer should be paid within 14 days
after the start of the withdrawal period as stipulated in article 6 paragraph 1. In the case of a contract to provide a service this 14 days start on the moment the consumer receives Chocolate Company Retail bvs confirmation of the contract.
2. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer is obliged to report immediately to Chocolate Company Retail bv any inaccuracies in payment data provided or stated.
4. In the event of non-payment on the part of the consumer, Chocolate Company Retail bv has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.

Article 14 – Complaints procedure
1. Chocolate Company Retail bv provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
2. Complaints about exercising the contract must be submitted to Chocolate Company Retail bv without delay, in their entirety and clearly defined, after the consumer has discovered the defects.
3. A reply to complaints submitted to Chocolate Company Retail bv will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the
trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more
elaborate reply.
4. A complaint about a product, a service or Chocolate Company Retail bv’s service can also be submitted via a complaints form on the consumer’s page of the website of the Dutch Thuiswinkel Organization, www.thuiswinkel.org
The complaint is then sent both to Chocolate Company Retail bv concerned and the Dutch Thuiswinkel Organization.
5. If the complaint cannot be solved in joint consultation, then it becomes a dispute that is subject to the
disputes settlement scheme.

Article 15 – Disputes
1. Contracts entered into between Chocolate Company Retail bv and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
2. Disputes which cannot be resolved between Chocolate Company Retail bv and the buyer, will be served to the applicable courts in Amsterdam, except when Chocolate Company Retail bv prefers to serve in the locality of the buyer.

Article 16 - Use of data
1. Chocolate Company treats customer data confidentially and will not give away or sell customer information to third parties that are not operationally tied to Chocolate Company Retail bv and CHCO Cafes.
2. Chocolate Company reserves the right to periodically notify customers of new products, offers and news around CHCO Cafes.  The customer has the right and option to exclude themselves from such marketing activities through the "unsubscribe" link upon receiving any such mailing.