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General Terms and Conditions with Customer Information

Last Update: 22. October 2024

Table of contents

1. Validity of the GTC

The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between Meine Formen GmbH, Vogelsangstr. 1, 72149 Neustetten, Germany (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products.

Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.

All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.

A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.

"Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. General Information on Offers and Orders

The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.

Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor's fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).

Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

3. Ordering Process and Conclusion of Contract

The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.

By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.

A contract between the Customer and the Vendor may also be concluded by e-mail. The Customer may transmit a binding offer to the Vendor by e-mail or, in the event of the transmission of a binding offer by the Vendor, accept it by e-mail.

A contract between the Customer and the Vendor may also be concluded by telephone. The Customer may submit a binding offer to the Vendor by telephone or, in the event that the Vendor submits a binding offer, accept it by telephone.

A contract between the Customer and the Vendor may also be concluded by means of information provided in a contact form. The Customer may submit a binding offer to the Vendor by means of a contact form or, in the event that the Vendor submits a binding offer, accept it by means of a contact form.

A contract between the Customer and the Vendor may also be concluded by postal mail. The customer may send a binding offer to the seller by mail or, if the seller sends a binding offer, accept it by mail.

4. Order Process and Conclusion of Contract on the Amazon Platform

The conditions of this section apply to orders placed via the Amazon platform. The purchase contract is concluded with the Vendor and not with Amazon.

The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.

In addition to the ordering process via Amazon's "Shopping Cart" system, the Customer can complete the ordering process directly by pressing Amazon's "1-Click" or "Buy Now" buttons. In this case, an order is automatically created and sent to the delivery address provided by the Customer to Amazon. The order can then be changed or cancelled in the overview of orders in the "My Account" area. The purchase price is paid via the payment method deposited by the Customer at Amazon for the "1-Click" or "Buy Now" procedure. The Customer will be informed about the delivery and payment options by a separate notice and can also change the delivery and payment details in the "My Account" area. The use of the "1-Click" or "Buy Now" procedures may further require their activation by the Customer in their Amazon account.

The Vendor may accept the Customer's offer within five days (hereinafter referred to as the "Acceptance Period"). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer's offer by means of an explicit acceptance of the offer expressed by him or by Amazon, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor or Amazon to the Customer and at the latest by the completion of the payment process. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer's offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.

5. Contract Text and Contract Language

The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.

If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.

The contract languages are German and English, contracts can be concluded in these languages.

6. Customer Account

The Vendor provides the Customer with a Customer account. Within the Customer account, the Customer is provided with information about the orders and their Customer data stored with the Vendor. The information stored in the Customer account is not public.

Customers can also place an order as a guest without having to create a Customer account.

Customers are obligated to provide truthful information in their Customer account and to adjust the information in case of changes in the actual circumstances, as far as this is necessary (e.g. the changed email address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.

Customers are responsible for their customer accounts within their sphere of influence and to the extent that it is reasonable for them to assume responsibility. It is the customers' responsibility to use the access data for their customer account with the utmost care and to take any measures to ensure the confidential and secure handling of the data and to prevent disclosure to third parties. Customers are required to inform the Vendor immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.

The Customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and subject to the Vendor's GTC, using the access masks and other technical access options provided by the Vendor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.

When customers store, share or otherwise publish content or information in their customer account, they are responsible for that content. Depending on technical capabilities, this content includes texts, images and personal details. The seller does not endorse the customers' content and does not identify with it. However, the seller reserves the right to take necessary actions in cases of legal issues or threats to third parties.These actions are based on carefully selected criteria with the aim of ensuring that each action is justified. It is assessed whether an action is necessary to resolve the problem or avert the danger. Furthermore, it is evaluated whether the action is proportionate to the seriousness of the problem or threat. Care is also taken to ensure that it is carried out with due diligence and after a thorough assessment of all relevant information and circumstances. Finally, the action must be based on an objective and unbiased assessment of the situation.Possible actions include deleting the relevant content, requests for statements or corrections, warnings, legal steps or even bans from premises. In deciding upon these measures, the seller takes into careful consideration the requirements of the situation and the rights and interests of all parties involved. In particular, customers' fundamental rights are taken into account in order to ensure a fair and equitable solution.

7. Prices and Shipping Costs

Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).

In the case of a delivery to countries outside the European Union or the European Economic Area, additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the Vendor, but are to be paid by the Customer to the appropriate tax or customs authorities. The Vendor recommends that the Customer obtain information on possible further costs from the competent authorities and on the basis of the national regulations that apply to the Customer.

Information page with details of delivery and shipping costs: https://www.schokoladenform.com/en/Information/Shipping-and-payment-conditions/

8. Payment Methods and Terms

Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.

When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).

The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.

The Vendor reserves the right to offer payment methods only from or up to a certain order volume. In this case, the Vendor will inform the Customers of a corresponding payment restriction up to the start of the order process. The right of Consumers to a free, common and reasonable means of payment shall not be restricted.

Prepayment - If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the Vendor within 10 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences..

Purchase on account - The invoice amount is due after the product has been delivered as well as invoiced and is payable by the Customer within 7 days without deduction by payment to the Vendor's bank account, unless otherwise agreed. The Vendor reserves the right to carry out a creditworthiness check when selecting the payment on account method and not to offer the payment method to the Customer in the event of a negative creditworthiness check. .

Amazon - Payment is processed by Amazon, and the Customer can settle the payment amount owed by credit card or direct debit. The Vendor does not receive any payment data of the Customer from Amazon. Amazon offers for items sold through Amazon-Marketplace via the domain Amazon.de (i.e. items not sold by Amazon.de) and for items marked with the note "Shipping by Amazon" as additional payment methods the monthly invoice (here in cooperation with arvato Payments Solutions GmbH), financing (here in cooperation with '"Barclaycard", offered by Barclays Bank Ireland PLC Hamburg Branch), BLIK, Bancontact as well as iDeal and Przelewy24. In the case of the payment methods BLIK, Bancontact, iDeal and Przelewy24, the payment is debited immediately after completion of the order. In the case of payment methods credit card, direct debit, monthly invoice, financing, the payment is made after the shipment of goods. In case of iDEAL payment method the Customer needs a Dutch bank account, in case of Bancontact a Belgian bank account and in case of Przelewy24/BLIK a Polish bank account. Financing requires registration with Barclaycard. The use of the payment methods monthly invoice and financing requires a successful address and credit check of the Customer. More information about ordering through Amazon Marketplace: https://www.amazon.de/gp/help/customer/display.html?nodeId=GFBWMNXEPYVJAY9A. Further information on the accepted payment methods: https://www.amazon.de/gp/help/customer/display.html?nodeId=GFBWMNXEPYVJAY9A; Further information for Customers who are entrepreneurs and buy on account: https://www.amazon.de/gp/help/customer/display.html?nodeId=201961660; Information on the payment methods is also available to the Customer in the "My account" area under "Your payments".

PayPal - The payment is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") by means of the type of PayPal payment provided by the seller or selected by Customers. Customers are redirected directly to PayPal at the end of the order process. The terms of use of PayPal apply, which can be viewed at https://www.paypal.com/uk/legalhub/home and will be communicated to the Customer during the payment process.

PayPal Express - The customer pays the amount owed by means of the PayPal transaction.

PayPal Plus (PayPal) - The Customer must have a PayPal account and pays the amount owed by means of the PayPal transaction process.

PayPal Plus (Direct Debit) - The Customer can pay by means of PayPal's direct debit procedure even if he does not have a PayPal account. The Customer issues a SEPA direct debit mandate to PayPal. By issuing the SEPA direct debit mandate, PayPal is authorized to initiate the payment transaction, which automatically debits the Customer's bank account. The Customer will be informed about the date of the debit of the bank account (referred to as "Pre-Notification").

PayPal Plus (Credit Card) - The customer can pay by credit card via PayPal even if he does not have a PayPal account. The Customers must identify themselves as a legitimate Cardholder in order to make the payment before the payment transaction is executed and the Customer's account is automatically debited.

PayPal Plus (Purchase on account) - The Customer can make a purchase on account via PayPal even if he does not have a PayPal account. Prerequisite is a successful verification of the address and creditworthiness of the customer by PayPal. The Vendor assigns the payment to PayPal. A debt-discharging payment can only be made to PayPal according to the conditions and the selected, or stated payment term of PayPal. The terms of use of PayPal for the purchase on account apply.

PayPal Credit - Requirement for a payment in installments via PayPal is a successful verification of the address and the creditworthiness of the customer by PayPal. The Vendor assigns the payment to PayPal, a debt-discharging payment can only be made to PayPal in accordance with PayPal's terms and conditions.

In the context of the "PayPal Checkout payment method, the Vendor may use third party payment service providers for the purpose of payment processing. The following information applies to PayPal or the respective named third party payment service providers (collectively referred to as "Checkout payment service providers"). The terms and conditions of the Checkout Payment Service Provider communicated to the Customer shall apply. If the Vendor offers a purchase on account or payment by installments via the Checkout payment service provider, the Vendor reserves the right that a prerequisite of the payment method is a successful check of the address and creditworthiness of the customer by the Checkout payment service provider. The Vendor assigns the payment to the Checkout payment service provider. A debt-discharging payment can only be made to the Checkout payment service provider in accordance with the conditions and the selected, or stated, payment term of the Checkout payment service provider. In the event of payment by means of a SEPA direct debit mandate, the Customer shall issue a SEPA direct debit mandate to the Checkout payment service provider. By issuing the SEPA direct debit mandate, the Checkout payment service provider is authorized to initiate the payment transaction, which automatically debits the Customer's bank account. The Customer will be informed about the date of debiting the bank account (referred to as "Pre-Notification").

Cash payment upon collection of the goods - Payment is made in cash upon collection of the goods.

The Vendor shall be entitled to claim default interest in the statutory amount and other consequences determined by law from the defaulting Customers in the event of default in payment. The Customer's obligation to pay interest on arrears shall not preclude the Vendor from asserting further claims for damages caused by default. Damages for default include costs of legal enforcement, such as costs for legal advice, dunning proceedings or debt collection.

9. Purchase on account

If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.

For Customers who are Entrepreneurs, the following rules apply to the Products, which remain the property of the Vendor until full payment has been made (hereinafter referred to as "Retained Goods"). If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full. The Vendor shall retain title to the Retained Goods until all claims arising from an ongoing business relationship have been settled in full; the Customer shall be obliged, as long as title has not yet passed to him, to treat the Retained Goods with care. In particular, the Customer is obliged to insure it adequately at its own expense against theft, fire and water damage at replacement value, if this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the Customer shall carry this out in good time at its own expense. The processing or transformation of the Retained Goods by the Customer shall always be carried out for the Vendor. If the Retained Goods are processed with other items not belonging to the Vendor, the Vendor shall acquire co-ownership of the new item in the ratio of the value of the Retained Goods to the other processed goods at the time of processing. In all other respects, the same shall apply to the goods created by processing as to the Retained Goods. The Customer also assigns the claim to secure the claims against him which arise against a third party as a result of the combination of the Retained Goods with a real property. Access by third parties to the Retained Goods owned or co-owned by the Vendor shall be reported by the Customer immediately. The Customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. The Customer shall be entitled to resell the Retained Goods of title in the ordinary course of business. The Customer hereby assigns to the Vendor by way of security all claims arising from the resale or other legal grounds in respect of the Retained Goods of title (including all current account balance claims). The Vendor revocable authorises the Customer to collect the claims assigned to the Vendor for its account and in its own name. This direct debit authorisation may be revoked if the Customer does not duly meet its payment obligations. The Vendor undertakes to release the securities to which the Vendor is entitled at the Customer's request if their total sales value exceeds the sum of all outstanding claims of the Vendor arising from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation). The choice of the securities to be released is incumbent on the Vendor.

10. Delivery, Availability of Goods

The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.

If pick-up of the goods by the Customer is agreed, the Vendor shall inform the Customer that the goods are ready for pick-up at the agreed pick-up location. In this case, the Customer shall not incur any shipping costs, subject to an express agreement to the contrary.

If a delivery of goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred for the outward and return shipment. Insofar as the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the costs of sending the goods there, while the regulations in the instructions on withdrawal shall apply to the costs of returning the goods.

Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.

If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.

In the case of delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Vendor, the Vendor shall not be responsible for such delays with respect to Customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the Vendor shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to Customers who are entrepreneurs in cases of unforeseeable events which affect the operations of a pre-supplier and for which neither the pre-supplier nor the Vendor are responsible. For the duration of such hindrance, the Customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the Customer, the Customer may withdraw from the contract by means of a written declaration after a reasonable period of time to be set by the Customer or after mutual consultation with the Vendor.

Customers are requested to report obvious transport damage as soon as possible to the transport company or carrier or otherwise to notify us of the transport damage. This does not create any obligation for Customers who are consumers, the non-notification does not limit the legal rights of the Customer, in particular the warranty and revocation rights as well as the enforcement of these rights.

11. Production and processing according to the Customer's specifications

If the contractual agreement between the Parties includes that the Vendor manufactures or processes the product to be delivered according to the Customer's specifications, the Customer shall be obliged to provide the Vendor with the information and materials required for the performance of the service and to offer cooperation (hereinafter also referred to collectively as "Cooperation").

The Customer shall be informed of his required Cooperation within the product description or the ordering process.

In fulfilling its duties to Cooperation, the Customer must, in particular, adhere to the agreed format, the agreed transmission route and other agreed technical specifications and deadlines when providing information and materials.

The Customer shall only provide information and materials as well as to cooperate in the processing by the Vendor in accordance with the contract does not violate applicable law or the intellectual property rights of third parties. The Customer shall in particular ensure that he/she has the necessary rights of use and disposal for the processing by the Vendor. The Vendor is not obliged to verify the legality of Customer's Cooperation.

The Vendor shall not bear any costs for the Cooperation of the Customer.

The Customer shall indemnify the Vendor, its employees and representatives against liability and/or claims from authorities or third parties which arise in connection with the Customer's Cooperation and for which the Customer is responsible. The indemnity shall also include all necessary and reasonable legal defence costs. Furthermore, the Customer shall support the Vendor in this case in the defence against the claims by means of reasonable and necessary acts of cooperation as well as information.

The Vendor shall be entitled, on the basis of proper consideration, to reject processing orders, even after conclusion of the contract, in which the Vendor may assume, on the basis of objective indications, a violation of the applicable law, the rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or unconstitutional).

If specific tools are required for the execution of the order, the ownership of the tools manufactured by us or by a third party commissioned by us shall remain with us, unless otherwise agreed. This also applies if the customer has contributed to the cost of the tools. If expressly agreed, the tools will only be used for the customer’s orders as long as the customer fulfills their payment and acceptance obligations. We are only obligated to maintain and replace these tools free of charge if necessary to meet the production quantity guaranteed to the customer. The obligation to store the tools expires two years after the last delivery of parts produced with the tools, provided prior notice is given to the customer. The partial tool costs are listed separately in the offer and in the order confirmation and are due without deduction upon contract conclusion. If it has been agreed that the customer will become the owner of the tools, ownership will transfer to the customer upon full payment of the purchase price for the tools. The physical transfer of the tools will be replaced by our duty to store them. Regardless of the customer’s statutory right to demand the return of the tools and the lifespan of the tools, we retain exclusive possession of the tools until the customer has accepted an agreed minimum quantity of parts or until a specified period has expired. The tools will be marked as third-party property. For customer-owned tools or for tools provided by the customer on loan, our liability for storage and care is limited to the same care as in our own affairs. The customer bears the costs for maintenance and insurance. Our obligations expire if the customer does not collect the tools within 14 days after being notified to do so following completion of the order. If the customer does not fully comply with their contractual obligations, we are entitled to a right of retention over the tools.

12. Promotional vouchers

"Promotion Vouchers" are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.

Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.

Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.

Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.

Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.

Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.

If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.

If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.

13. Instructions on Withdrawal

The information on the right of withdrawal for Consumers can be found in the Vendor's instructions on withdrawal. You can find them here: https://www.schokoladenform.com/en/Service/Right-of-withdrawal/.

The right of withdrawal does not apply to Consumers whose domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery is outside a Member State of the European Union (EU) or the European Economic Area (EEA) and who do not belong to any of these Member States.

14. Final provisions

The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction shall be at the Vendor's (registered) office if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Vendor's country of business. The right of the Vendor to choose another admissible place of jurisdiction will remain unaffected.

15. Dispute Resolution

The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.

We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.

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