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Terms & Conditions

Terms & Conditions

Version 1. August 2017 release of smartxocolate. GmbH.

I. SCOPE

1. The smartxocolate. GmbH operates an online shop under frankychocolate.co.uk. The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all orders placed via this website.

2. We cannot recognise any deviating GTC of the orderer. Unless we have given our express written consent to such a validity. 

3. The following General Terms and Conditions shall apply irrespective of whether the customer is a consumer or an entrepreneur.

II. IMPORTANT INFORMATION

1. The goods offered on our website are shown in the form of digital photographs. Deviations between the representation and reality may be due to technical reasons and do not constitute a defect in the goods ordered from us. 

2. We point out that the goods presented by us on frankychocolate.co.uk may no longer be available or may no longer be available at the time of viewing our homepage. Furthermore, it is possible that price changes have not yet been recorded on our homepage.

III. CONCLUSION OF CONTRACT

1. The presentation of goods on our homepage does not constitute a binding offer. You place the selected products in the "shopping basket" as part of your order. In the order form you accept our General Terms and Conditions. Input errors in the order form can still be corrected before the order process is completed. The sending of your order to us constitutes the offer to conclude a contract. The conclusion of the contract itself takes place through the acceptance of this offer by our company. 

2. The acceptance of the contract is effected by sending an order confirmation to the e-mail address provided by you in the order form and receipt of this declaration in the e-mail account assigned to the address or, at the latest, by delivery of the ordered goods. We are free to either accept offers to conclude a contract within 5 days of receipt of the offer or to reject it by sending a corresponding declaration. The acceptance of the order can also be made within 5 days by sending an order confirmation by post or directly by sending the ordered goods. 

3. It may happen that the goods ordered by you are no longer available. In such a case, we are entitled to withdraw from the contract. If we have to make use of this right of withdrawal, we will inform you immediately. If the purchase price has already been paid, we will reimburse you immediately. 

4. Should your data (e-mail address, address, telephone number, etc.) change, you will inform us of this in good time. If we have not been informed of the relevant changes, legally valid declarations can be made by us at the address, e-mail address, telephone number etc. last notified to us. Furthermore, the delivery of the goods can be made with discharge of debt at the address last known to us.

IV. PURCHASE PRICE

1. The agreed purchase price for the ordered goods is the price stated on our website. The prices stated by us include the value added tax applicable in Germany. 

2. Special offers are subject to change. There is no entitlement to continuation of special offers. Special offers are valid while stocks last.

V. PAYMENT

1. We offer the possibility to pay via PayPal. For more information see www.paypal.com.

2. Payment by invoice. In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer purchase on account as a payment option. When buying on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. The payment is made to Klarna. Please note that invoice is only available for consumers. You can find the complete terms and conditions for purchase on account here. The online shop charges a fee of 0.00 Euro per order when purchasing on account with Klarna. 

3. We reserve the right to exclude individual payment methods.

4. You can only exercise a right of retention insofar as the claims result from the same contractual relationship.

VI. DELIVERY & SHIPPING

1. We deliver the goods you ordered within 2 to 3 working days.

2. Our goods are shipped exclusively by ROYAL MAIL. You can find more information at https://www.royalmail.com/. You have the option of tracking the route of the order or the package via the specified homepage. The General Terms and Conditions of ROYAL MAIL apply in addition. These can be found at https://www.royalmail.com/.

3. In general, we cannot deliver to a P.O. Box address. Unless otherwise agreed, delivery will be made to the delivery address specified by you in the order. Any information about a delivery period is non-binding, unless the delivery date has been promised as an exception.

4. Shipping countries

United Kingdom

We ship throughout UK with one shipping service provider (Royal Mail).

For shipping we charge 3,95 Euro shipping costs. From an order value of 49,- Euro it is free shipping.

The shipping costs are clearly indicated on the product pages, in the shopping basket system and on the order confirmation.

We do not offer self-collection!

VII. RESERVATION OF TITLE

The delivered goods remain our property until full payment has been made.

VIII. SPECIAL PROVISIONS FOR CONSUMERS - RIGHT OF WITHDRAWAL

1. Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has/have taken possession of the goods.

To exercise your right of withdrawal, you must send us (smartxocolate. GmbH, Happelstrasse 44, D-74074 Heilbronn, Phone: +49 (0)151 11777750, Email: hello@frankychocolate.co.uk) of your decision to revoke this contract by means of a clear declaration (e.g. a letter or email sent by post). You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and that you have returned the product(s) within the period defined below.

2. consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the product(s) to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline shall be deemed to have been met if you send off the goods before the end of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the product(s) if this loss in value is due to handling of the product(s) that is not necessary for checking the condition, properties and functioning of the product(s).

3. Exclusion or premature expiry of the right of revocation
The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods if the seal has been removed after delivery.


4. General information
1. goods that are sent back to us freight collect will not be accepted. 2.
2. please avoid damaging or contaminating the goods and return them to us in their original packaging and unopened with all accessories.
3. compliance with the above conditions is not a prerequisite for the effective exercise of the right of withdrawal.

IX. WARRANTY AND COMPENSATION

1. Please note that the information, drawings, photos, illustrations, dimensional and performance data etc. provided on our website are not binding. We cannot accept any liability for the correctness of this information. Please also note that the depictions of goods on our website may differ from their actual appearance, in particular due to different screen, graphic and/or printer settings. Therefore, we cannot guarantee or assume liability for the fact that the products shown on our website are completely identical to their appearance in reality. 

2. If the delivered goods are defective, the warranty provisions of German law shall apply. In the event that the goods are defective, we shall be entitled to rectify the defect, in particular by supplying individual replacement items. Price reduction or cancellation of the contract may be demanded if the repair or replacement would not be possible, would involve a disproportionate effort for us or if we would not comply with your request or would not comply with it within a reasonable period of time. The right to cancel the contract is excluded in accordance with the statutory provisions if the defect is merely minor. 

3. the customer can only claim damages if these would be based on intent or even gross negligence; this does not apply to personal injury.

4. Please note that data transfer via the Internet may be subject to certain disruptions according to the state of the art. We can therefore accept no liability for the constant or uninterrupted availability of our online shop. If our website contains links to external websites, we cannot accept any liability for these. We are not responsible for the content of external websites. We can neither guarantee nor assume liability for the correctness of the information contained on an external website.

X. COST-BEARING AGREEMENT FOR GERMAN CONSUMERS

If German consumers make use of their right of revocation, you must bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you.

XI. COPYRIGHT, ANCILLARY COPYRIGHT

All logos, illustrations, photos, etc. contained on our website were produced at great financial expense. These are our property. Any use requires our written consent or the conclusion of a licence agreement. Misuse may be prosecuted by us.

XII. OTHER

1. The contract language is English. We will correspond with you in English. 

2. All contracts concluded shall be governed exclusively by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). 

3. Should individual provisions of these General Terms and Conditions contradict mandatory statutory provisions, the remaining provisions of the contract shall nevertheless remain valid. 

4. all agreements, subsequent amendments to the agreements, supplements, ancillary agreements etc. must be in writing in order to be valid.

5. store the text of the contract and will be happy to send you the order data and our General Terms and Conditions by e-mail. You can view the GTC at any time on our website. For security reasons, your order data is no longer accessible via the Internet.