Terms and Conditions
General Terms and Conditions (GTC) and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts concluded with us as the provider (Luca Modolo, A.M.Schoko) via the website www.chocoidea.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.”
You can access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there.
After accessing the “checkout” page and entering your personal data, payment, and shipping conditions, all order data will be displayed again on the order overview page.
Before submitting the order, you have the opportunity to check, change (also via the “back” function of the internet browser), or cancel the purchase.
By submitting the order via the “Buy” button, you declare the legally binding acceptance of the offer, thereby concluding the contract.
(4) Your inquiries regarding the creation of an offer are non-binding for you. We will send you a binding offer in text form (e.g., by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place partially automatically by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Right of Retention, Reservation of Title
(1) You may exercise a right of retention only to the extent that it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims arising from the resale in the amount of the invoice value. We accept this assignment.
c) In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items.
d) We undertake to release the securities to which we are entitled to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%.
§ 4 Warranty
(1) Statutory warranty rights apply.
(2) Consumers are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) For entrepreneurs, the following applies differently:
a) The condition of the goods is deemed to be only our own information and the manufacturer’s product description.
b) In the event of defects, we shall, at our discretion, provide subsequent improvement or replacement delivery.
c) The warranty period is one year from delivery of the goods, except for damages resulting from injury to life, body, or health, gross negligence, fraudulent intent, or the assumption of a guarantee.
§ 5 Choice of Law
(1) German law applies. For consumers, this applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
II. Customer Information
Identity of the Seller
Luca Modolo – A.M.Schoko
Sackgasse 6
85354 Freising
Germany
Phone: 08161919156
Email: info@amschoko.de
Alternative Dispute Resolution:
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the conclusion itself, and the correction options are carried out according to the provisions in “Conclusion of the Contract” of our GTC.
Contract Language, Storage of Contract Text
The contract language is German.
The full contract text is not stored by us. Before submitting the order, the contract data can be printed or saved electronically via the browser’s print function.
After receipt of the order, you will receive the order data and our GTC again by email.
Essential Characteristics of the Goods or Services
The essential characteristics of the goods can be found in the respective offer.
Prices and Payment Terms
All prices include the statutory VAT.
Shipping costs are not included in the purchase price and are shown separately.
The available payment methods are indicated on our website.
Payment claims are due immediately unless otherwise agreed.
Delivery Conditions
Delivery conditions and delivery times are indicated in the offer.
For consumers, the risk of accidental loss of the goods passes only upon handover.
Entrepreneurs bear the shipping risk.
Statutory Warranty Rights
Warranty rights are governed by the provisions of our GTC (§ 4).
Note on Transport Damage and Perishable Goods
Our products are delicate and perishable food items (chocolate). Despite careful packaging, quality impairments may occur, especially at high outside temperatures.
In accordance with § 312g paragraph 2 no. 2 BGB, we do not assume liability for damage or loss of quality resulting from transport conditions, improper storage after delivery, or temperature influences, unless these are due to our fault.
📌 Last update: 01.05.2026