Terms of service

TERMS AND CONDITIONS

  1. Scope

These Terms and Conditions apply to all orders placed by consumers or businesses through the online shop at https://www.chokeandchill.com.

The seller and contracting party is:

Maximilian Alkofer
trading as Elements Jiu Jitsu
Brand: Choke&Chill
D.-Martin-Luther-Straße 14
93047 Regensburg
Germany

Email: info@chokeandchill.com
Telephone: +49 171 7864061

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or profession.

  1. Offers and conclusion of the contract

The presentation of products in the online shop does not constitute a legally binding offer. It is an invitation to submit an order.

You may place products in your shopping cart and review or correct your entries at any time before submitting the order.

By clicking the final order button, you submit a binding offer to purchase the goods contained in your shopping cart. The precise wording of the button is displayed during checkout.

The contract is concluded when we expressly accept your order, send you a shipping confirmation or dispatch the goods.

For payment methods where payment is initiated immediately during checkout, the contract may already be concluded when the payment process is completed.

An automatically generated order confirmation initially only confirms that we have received your order, unless it expressly states that your order has been accepted.

  1. Contract languages and storage of the contract

The contract may be concluded in the languages offered in the relevant version of the online shop and during checkout.

We retain the order information for the duration of the applicable statutory retention periods. Your order information will be sent to you by email after the order has been placed.

If customer accounts are available and you have created one, your order information may also be accessible through your customer account.

  1. Prices and shipping charges

All prices displayed in the online shop are total prices and include statutory value-added tax where applicable.

Any additional shipping charges are displayed in the shopping cart or, at the latest, during checkout before the order is submitted.

Deliveries to countries outside the European Union may be subject to additional customs duties, import taxes or processing fees. These charges are not imposed by us. They are generally collected by the competent authorities or shipping provider and must be paid by the recipient.

  1. Payment methods

The payment methods available for your order are displayed during checkout.

Depending on the country, device and order value, the following payment methods may be available in particular:

– Credit and debit cards
– PayPal
– Klarna
– Shop Pay
– Apple Pay
– Google Pay
– Other payment methods displayed during checkout

Additional terms and conditions of the selected payment provider may apply.

The purchase price becomes due in accordance with the selected payment method. If a payment cannot be completed or is subsequently reversed, our claim to payment of the purchase price remains unaffected.

  1. Delivery

Delivery is made to the delivery address entered during the ordering process.

Information about delivery areas, shipping charges and estimated delivery times is provided in our Shipping Policy. The information displayed during checkout before the order is submitted takes precedence.

We may make partial deliveries where this is reasonable for the customer. The customer will not incur any additional shipping charges as a result.

If, through no fault of our own, a product is unavailable despite our having entered into an appropriate and reliable procurement transaction, we may withdraw from the contract. In this event, we will notify you without undue delay and refund any payments already made.

  1. Retention of title

The goods remain our property until payment has been made in full.

For business customers, the following additionally applies: We retain title to the goods until all outstanding claims arising from the ongoing business relationship have been settled in full.

  1. Right of withdrawal

Consumers have a statutory right of withdrawal. Details are provided in our separate Right of Withdrawal notice.

Any additional voluntary return policy does not restrict the statutory right of withdrawal or statutory warranty rights.

  1. Statutory warranty rights

Statutory warranty rights apply.

Please inspect the goods as soon as reasonably possible after receipt and notify us of any visible damage, defects or incorrect deliveries.

A consumer’s statutory rights are not affected by a failure to notify us within a particular period.

For business customers, the statutory duties of inspection and notification apply. If the customer is a merchant within the meaning of German commercial law, Section 377 of the German Commercial Code applies in particular.

  1. Product presentation, sizes and colours

We make every effort to display our products as accurately as possible. Depending on the screen or device used, the colours displayed may differ slightly from the actual product colours.

Size information and size charts are intended to help customers select the appropriate size.

Minor production-related variations that do not affect the ordinary usability of the product remain permissible.

  1. Personalised and custom-made products

For personalised or custom-made products, the customer is responsible for checking all names, wording, sizes, colours, logos and other information submitted during the ordering process before completing the order.

We are only responsible for errors resulting from incorrect information supplied by the customer where the error is attributable to us.

The statutory right of withdrawal may be excluded for goods that are clearly personalised, made to the consumer’s specifications or manufactured based on an individual selection.

The customer confirms that they are entitled to use any names, logos, images or other materials supplied by them and that their use does not infringe the rights of any third party.

  1. Gift cards

Gift cards may only be redeemed in the online shop and in accordance with the conditions stated when they were purchased.

The value of a gift card cannot be paid out in cash unless mandatory statutory provisions require otherwise.

Statutory limitation periods remain unaffected.

  1. Liability

We accept unlimited liability:

– In cases of intent or gross negligence
– For injury to life, body or health
– Under the German Product Liability Act
– Within the scope of any guarantee expressly provided by us
– In any other case where unlimited liability is required by law

Where we negligently breach a material contractual obligation, our liability is limited to the damage that was foreseeable and typical for this type of contract when the contract was concluded.

Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the other party may ordinarily rely.

Otherwise, liability for damage caused by ordinary negligence is excluded.

  1. Consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

  1. Applicable law

The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.

For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the country in which the consumer has their habitual residence.

  1. Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is our place of business.

For consumers, the statutory rules governing jurisdiction apply.

  1. Contact

If you have any questions about your order or these Terms and Conditions, please contact us:

Email: info@chokeandchill.com
Telephone: +49 171 7864061