Terms and Conditions

First:

Information about allergens

ClearChox cannot guarantee that the information on the website is 100% correct. She does her best to achieve this. The data comes from what the manufacturer states on the packaging of a chocolate tablet or that the manufacturer makes this explicitly clear in another way. For example, if it says “Contains traces of nuts,” this is clear. However, if nothing is stated, the manufacturer may be incomplete. ClearChox then enters “unknown”. If an allergen is not present, ClearChox will state this as such “contains no …”

Seondly:

Risk of melting

With regard to articles 12, 14 and 15, below: The Chocolate Treasury Box of Cocoa of Excellence is shipped all over the world, hence also to (sub-)tropical countries. ClearChox does it best to keep the shipment cool, e.g. by adding cool packs. But transport routing, decissions and behaviour of local customs officials and local delivery is beyond our control. Hence ClearChox cannot guarantee spotless delivery – in case of melted-chocolate-on-arrival or any other signs of melting during the shipment, ClearChox will not refund.

Third:

Conditions

I. ClearChox is a trade name of VOF Chocoweb, Boterbloemstraat 17, 6832 BL Arnhem, registered at the Chamber of Commerce – Kamer van Koophandel voor Centraal Gelderland – in Arnhem with the number 50049755, hereinafter referred to as ClearChox. ClearChox offers its products through a shopping application on the Internet, a so-called Webshop.
II. The Customer is the client or customer of ClearChox. Consumer is a private, natural person, non-business Customer.
III. ClearChox deals on the basis of good faith and that she and the Customer can and want to serve each other. ClearChox conducts business fairly and assumes reasonableness and fairness at all times. However, it considers it necessary for the record to draw up and use these General Terms and Conditions.
IV. An Agreement can be an oral (telephone) agreement or be concluded by e-mail or by an order in the Webshop, without actually being signed by both parties.

Article 1. General

1. These Terms and Conditions apply to all offers and agreements, as well as all products and services supplied by ClearChox, unless expressly agreed otherwise in writing.
2. The applicability of any general specific terms and conditions or stipulations that the Customer uses or would use, is not accepted by ClearChox, in whole or in part, without its express written consent.
3. All prices are indicated in Euros (€); for consumers, the products (goods) including sales tax (VAT) are shown in the webshop, for business relations it is excluding sales tax (VAT). In addition, any other levies that may be imposed by the government may apply.
4. ClearChox is in no way whatsoever, directly or indirectly, liable for so-called consequential damage that the Customer or a third party may suffer with regard to (in the use or consumption of) the products, unless it can be blamed for gross guilt or serious negligence. This also includes loss of profit, business damages, loss of data and immaterial damage. The maximum amount of damage to be compensated by ClearChox is the price of the product, increased by a maximum of two hundred and fifty euros (€ 250).
5. Deviations from and additions to any provision in an Agreement and/or these Terms and Conditions only apply if they have been recorded in writing by ClearChox and only relate to the relevant Agreement.

Article 2. Quotations and Offers

ClearChox is only bound by a quotation or offer if the unaltered acceptance thereof by the Customer appears within the period stated in the quotation or the offer. For example, by placing an order on time.

Article 3. Agreement

1. ClearChox and Customer are in all cases bound by the agreement (the purchase). If this takes place by means of an order via the Webshop, but also if this is agreed verbally or by e-mail.
2. ClearChox reserves the right not to accept orders or assignments without giving a reason, or only under deviating conditions. If the assignment or order can only be executed under deviating conditions, the Customer has the right to cancel the assignment free of charge.
3. If and insofar as the proper execution of the agreement requires or permits this, ClearChox has the right to outsource certain activities to or have them carried out by third parties.

Article 4. Delivery time

1. For consumers, ClearChox will only fulfill the order from the Webshop after the amount due has been paid by the Customer.
For a wholesale customer (shop keepers, businesses), it may require prepayment with orders, at the discretion of ClearChox. (E.g. ordering the chocolate box of Cocoa of Excellence requires prepayment.)
2. All (delivery) periods stated by ClearChox are indicative. They are approximate, based on the data and circumstances that were known to ClearChox at the moment of ordering (entering into the purchase agreement) of the product or service. Stated delivery terms can never be regarded as a deadline. If a change in the data and / or circumstances, regardless of the foreseeability thereof, results in a delay, the delivery date will be moved accordingly. In the event of late delivery of a product from the Webshop – see paragraph 4 of this article – the Customer has the right to immediately dissolve the agreement (the purchase); any payments already made will be returned by ClearChox within thirty (30) days.
3. Subject to the foregoing, exceeding the delivery periods stated by ClearChox, for whatever reason, does not entitle the Customer to compensation or non-fulfillment of any obligation resting on the Customer.
4. In case ClearChox cancels the order in whole or in part, it is entitled to take back the unpaid part of the delivery.
5. If the maximum delivery time of 30 working days is exceeded, the Customer has the right to dissolve the agreement (the purchase) free of charge. For this the Customer must send an e-mail, fax or letter to ClearChox.

Artile 5. Amendment of the Agreement

1. If the parties agree that the agreement (the purchase, the order) is amended or supplemented, the time of completion of the execution can be influenced by this. ClearChox will inform the Customer as soon as possible.
2. If the change or addition to the agreement has financial and/or qualitative consequences, ClearChox will inform the Client of this in advance, and as soon as possible.

Artile 6. Termination / Dissolution / Cancellation

1. When purchasing products, the following applies: bought is bought. In the event of an interim cancellation of an order from the Webshop, ClearChox is entitled to reimbursement of the costs incurred, taking into account all the work already performed.
2. An agreement or an order is not deemed to have been made if the Customer has not paid the amount due within seven (7) days after the order.

Artile 7. Cooling-off period for consumers / Right of return (only Consumers)

1. After the Consumer has received the ordered product, this Customer has the right to dissolve the (implicit) underlying agreement with ClearChox within fourteen (14) working days after receipt of the producst. The customer does not have to state a reason for this.
2. If the Customer wishes to terminate the agreement in accordance with Article 7.1 of these terms and conditions, the Customer must notify ClearChox in writing (by e-mail, letter or this form). The customer must return the product(s) – after consultation with ClearChox – to:

ClearChox
Weiland 9-a
6666 MH  Heteren
The Netherlands

This must be done in the original, undamaged packaging of the purchased product(s). Opened packages are not taken back; opening the packaging means that the Customer wishes to keep the product (s) (anyway). The customer must bear the costs of and the risk for return shipping.
3. If the Customer has already made payments at the time of entering into the agreement with ClearChox pursuant to Article 7.1. and 7.2, ClearChox will refund the relevant amount within fourteen (14) working days after cancellation, provided that ClearChox has received the product returned by the customer. ClearChox reserves the right to refuse returned products or to credit only a part of the paid amount, if there is a clearly demonstrable suspicion that a product has already been used or the packaging has already been opened, or by the fault of the Customer (otherwise other than that of ClearChox or the supplier of the product) is damaged.
5. If a product is returned that, to ClearChox’s opinion, has suffered damage that is attributable to an act or omission of the Customer or is otherwise at the risk of the customer, ClearChox will notify the Customer in writing (via letter or e-mail). ClearChox has the right to withhold the depreciation of the product as a result of this damage from the amount to be refunded to the Customer.

Article 8. Performance

ClearChox will perform the agreement for the delivery of the product(s) to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

Article 9. Remuneration

Products are, with due observance of art. 1 paragraph 3, delivered at a fixed price.

Article 10. Payment

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Article 11. Map

ClearChox may publish a map on its Website where the business customers are shown and can be viewed. We want to make public where good chocolate is sold or used.
Business customers agree by definition to have their business (shop, café, restaurant etcetera) listed on the ClearChox website and to be named. This implicit statement of approval can be revoked at any time and ClearChox will wipe the store off the map within seven working days.

Article 12. Guarantee

For products from the Webshop, the guarantee has been determined in accordance with applicable law, whereby ClearChox has the right first to exchange the products in case of defects. If the exchanged product is also defective, the Customer can return the products against a refund of the full purchase amount.

Article 13. Retention of title

All goods delivered to the Customer remain the property of ClearChox until the moment of full payment of all amounts, including costs, that the Customer owes for the goods delivered or to be delivered under the agreement, as well as with regard to claims due to shortcomings in the fulfillment of the underlying agreement.

Article 14. Force majeure

1. If ClearChox is unable to fulfill its obligations towards the Customer due to force majeure, the fulfillment of those obligations will be suspended for the duration of the force majeure situation. Customer has the right to terminate the agreement. If the order concerns a product(s) and payment has already been made, ClearChox will be return this payment within thirty (30) days.
2. In the event of force majeure, the Client is not entitled to any (damage) compensation, even if ClearChox should have any advantage as a result of the force majeure.
3. ClearChox will inform the Customer of an (imminent) Force Majeure as soon as possible

Article 15. Defects; Complaint term

Unless otherwise stated above, complaints about the work performed or products delivered by ClearChox, the Customer must report this in writing to ClearChox within eight (8) days after discovery.

Article 16. Applicable law

Dutch law applies to every agreement between ClearChox and the Customer.

Arnhem, 23 September 2017 – Updated 6 December 2020