Terms and Conditions

General Terms and Conditions with Customer Information

1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Commercial resale
5. Prices and shipping costs
6. Delivery and availability of goods
7. Payment terms
8. Retention of title
9. Warranty for defects and guarantees
10. Liability
11. Storage of the contract text
12. Data protection
13. Place of jurisdiction, applicable law and contract language

1. Scope
1.1. The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between Moruga Cacao, owner Jonas Wind, Hermann-Jürgens-Straße 24, 76829 Landau, Germany (hereinafter "Seller") and the customer (hereinafter "Customer").
1.2. You can reach our customer service for questions, complaints and claims on working days from 9:00 a.m. to 6:00 p.m. by email at hello@morugacacao.com.
1.3. A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity (Section 13 German Civil Code).
1.4. Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.

2. Offers and service descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the Seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid "while stocks last" unless otherwise stated for the products. Errors remain reserved.
2.3. The Seller is not responsible for the content of presentations, descriptions or reviews of the products by third parties on social networks or via other distribution channels. Except for advertising presentations in which the Seller is expressly identified as the author, the Seller has no influence on statements and presentations about the products. Benefits, sponsorships or other collaborations between the Seller and third parties are not connected with any obligation to advertise the Seller's products.

3. Ordering process and conclusion of contract
3.1. The Customer may select products from the Seller's range without obligation and collect them in a shopping cart using the [add to cart] button. The Customer may then proceed to complete the order process from the cart using the [continue to checkout] button.
3.2. By clicking the [Buy] button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer may change and review the data at any time. Required information is marked with an asterisk (*).
3.3. The Seller then sends the Customer an automatic confirmation of receipt by email, in which the Customer's order is listed again and which the Customer can print using the print function (order confirmation). This automatic confirmation of receipt only documents that the Customer's order has been received by the Seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the Seller dispatches or hands over the ordered product to the Customer within 2 days, or confirms dispatch to the Customer within 2 days by a second email, express order confirmation or by sending the invoice.
3.4. If the Seller enables payment in advance, the contract is concluded when the bank details and payment request are provided. If payment is not received by the Seller within 10 calendar days after the order confirmation has been sent, despite being due and after a further request, the Seller withdraws from the contract. As a result, the order becomes void and the Seller has no delivery obligation. The order is then completed for the buyer and Seller without further consequences. In the case of payment in advance, the item is therefore reserved for a maximum of 10 calendar days.

4. Commercial resale
Commercial resale of the ordered products is generally not permitted and requires the Seller's express consent.

5. Prices and shipping costs
5.1. All prices stated on the Seller's website include the applicable statutory VAT.
5.2. In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

6. Delivery and availability of goods
6.1. If payment in advance has been agreed, delivery takes place after receipt of the invoice amount.
6.2. If not all ordered products are in stock, the Seller is entitled to make partial deliveries at the Seller's own expense, provided this is reasonable for the Customer.
6.3. If delivery of the goods fails due to the buyer's fault despite three delivery attempts, the Seller may withdraw from the contract. Any payments already made will be refunded to the Customer without delay.
6.4. If the ordered product is unavailable because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer without delay and may propose delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive a comparable product, the Seller will refund any consideration already provided without delay.
6.5. Customers are informed about delivery times and delivery restrictions (for example restrictions on deliveries to certain countries) on a separate information page or within the respective product description.

7. Payment terms
7.1. The Customer may choose from the available payment methods during and before completion of the ordering process. Customers are informed about the available payment methods on a separate information page.
7.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
7.3. If third-party providers are commissioned with payment processing, for example PayPal, their general terms and conditions apply.
7.4. If the payment due date is determined by the calendar, the Customer is in default as soon as the date is missed. In this case, the Customer must pay statutory default interest.
7.5. The Customer's obligation to pay default interest does not exclude the Seller's right to claim further damages caused by default.
7.6. The Customer only has a right of set-off if the counterclaims have been legally established or acknowledged by the Seller. The Customer may exercise a right of retention only insofar as the claims arise from the same contractual relationship.
7.7 Klarna
Payment by invoice
In cooperation with Klarna, we offer purchase on invoice as a payment option.
Please note that Klarna invoice is only available to consumers and that payment must be made to Klarna in each case.

Klarna invoice
When purchasing on invoice with Klarna, you always receive the goods first and always have a payment period of 14 days. The full terms and conditions for purchase on invoice can be found here. The online shop charges a fee of 0 euros per order for purchase on invoice with Klarna.

Data protection notice
Klarna checks and evaluates the information you provide and, where there is a legitimate interest and reason, exchanges data with other companies and credit agencies. Your personal data will be processed in accordance with the applicable data protection provisions and in accordance with the information in Klarna's data protection provisions.

8. Retention of title
The delivered goods remain the property of the Seller until full payment has been made.

9. Warranty for defects and guarantees
9.1. The statutory provisions apply to the warranty.
9.2. A guarantee exists for goods delivered by the Seller only if expressly provided. Customers are informed about guarantee conditions before initiating the ordering process.

10. Liability
10.1. The following exclusions and limitations of liability apply to the Seller's liability for damages, without prejudice to the other statutory requirements for claims.
10.2. The Seller has unlimited liability where the cause of damage is based on intent or gross negligence.
10.3. Furthermore, the Seller is liable for slightly negligent breaches of essential obligations whose breach endangers achievement of the purpose of the contract, or for breaches of obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose compliance the Customer regularly relies. In this case, however, the Seller is liable only for foreseeable damage typical for the contract. The Seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.
10.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after assumption of a guarantee for the quality of the product, or in the case of fraudulently concealed defects. Liability under the German Product Liability Act remains unaffected.
10.5. Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

11. Storage of the contract text
11.1. Before submitting the order to the Seller, the Customer may print the contract text by using the browser's print function in the final step of the order.
11.2. The Seller also sends the Customer an order confirmation with all order data to the email address provided by the Customer. With the order confirmation, the Customer also receives a copy of the Terms and Conditions including the cancellation policy and information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.

12. Data protection
12.1. The Seller processes the Customer's personal data for specific purposes and in accordance with statutory provisions.
12.2. The personal data provided for the purpose of ordering goods (for example name, email address, address and payment data) is used by the Seller to fulfil and process the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process.
12.3. Upon request, the Customer has the right to receive information free of charge about the personal data stored about them by the Seller. In addition, the Customer has the right to correct inaccurate data and to block or delete their personal data, provided no statutory retention obligation prevents this.
12.4. Further information about the type, scope, place and purpose of the collection, processing and use of the required personal data by the Seller can be found in the privacy policy.

13. Place of jurisdiction, applicable law and contract language
13.1. The place of jurisdiction and place of performance is the Seller's registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law.
13.2. The contract language is German.