Terms of service

1 Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Takamanda GmbH (hereinafter referred to as ‘Seller’) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller's online store. Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity (§ 13 BGB).

2 Conclusion of contract and ordering process
2.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the button. Within the shopping cart, the customer can change the product selection at will, e.g. delete it. The customer can then proceed to complete the order process within the shopping cart by clicking the “Proceed to checkout” button.
2.2 The customer submits a binding request to purchase the goods in the shopping cart by clicking on the “Order with obligation to pay” button. Before submitting the order, the customer can change the data at any time and view
and use the “Back” browser function to return to the shopping cart or cancel the order process altogether.

2.2 The customer submits a binding request to purchase the goods in the shopping cart by clicking on the order with obligation to pay button. Before submitting the order, the customer can change the data at any time and view
and use the “back” browser function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
2.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the “Print” function
(order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract
is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.

2.4 If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment has not been received by the seller within 10 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the item for advance payments is therefore made for a maximum of 10 calendar days.

3. right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's withdrawal policy. The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4 Prices and terms of payment
4.1 The prices stated on the Seller's website include the applicable statutory value added tax.
4.2 In addition to the prices quoted, the Seller shall charge a flat-rate shipping and logistics fee for delivery. These costs are clearly communicated to the Buyer on a separate information page and during the ordering process.

5 Delivery and shipping conditions, availability of goods
5.1 If advance payment has been agreed, delivery shall only be made after receipt of the invoice amount.
5.2 Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
5.4 Self-collection is only possible by prior arrangement (by e-mail to Stephan(at)takamandakakao.eu and binding appointment.

6 Redemption of promotional vouchers
6.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer can be redeemed in the seller's online store.
6.2 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

7 Retention of title
7.1 If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

8 Liability
8.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory requirements for claims.
8.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
8.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the seller shall only be liable for foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
8.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
8.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

9 Liability for defects (warranty)
9.1 Unless otherwise stated in the following provisions, the warranty shall be governed by the statutory provisions. The goods delivered by the seller are only covered by a guarantee if this has been expressly given. Customers will be informed of the warranty conditions before initiating the order process.

10. final provisions
10.1 The place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
10.2 The contract language is German.
10.3 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.