Terms of service
§ 1 Provider and scope
These General Terms and Conditions apply to all contracts between Cocoanel, owner Lena Neureuther, Füll 4, 90403 Nürnberg, Germany, email: info@cocoanel.de, phone: 0176 57687345 (hereinafter “Cocoanel”), and its customers.
Cocoanel is a sole proprietorship. The full name of the owner and the address are given above.
These Terms apply to orders via the online shop at https://www.cocoanel.de, to the sale of physical products at trade fairs and events, and to digital products, nutritional counseling, coaching, juice cleanses, online programs, memberships, subscriptions, gift vouchers and other services offered.
These Terms apply to both consumers (B2C) and businesses (B2B). A consumer is a natural person who enters into a legal transaction predominantly for private purposes. A business is a natural or legal person or a partnership with legal capacity that, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
The statutory consumer protection provisions apply to consumers without restriction. For businesses, the provisions of these Terms expressly intended for B2B contracts apply in addition.
Deviating terms and conditions of a business only become part of the contract if Cocoanel expressly agrees to their validity.
§ 2 Subject matter and conclusion of the contract
Cocoanel offers in particular food and confectionery, digital content such as e-books and online courses, coaching, memberships, subscriptions and gift vouchers. The respective scope of services results from the product or offer description and, where applicable, a separate agreement.
The presentation of products and services in the online shop does not generally constitute a binding offer, but an invitation to place an order.
By completing the ordering process, the customer submits a binding offer to conclude a contract. The contract is concluded when Cocoanel expressly accepts the offer, for example by an order confirmation, or accepts the offer in another legally effective manner.
An automatically sent acknowledgement of receipt initially only confirms receipt of the order, unless it expressly also declares acceptance of the offer.
Before submitting the binding order, the customer can review their details and correct input errors. The order is placed by clicking the order button provided for this purpose.
Supplementary agreements may be made for individually agreed consultations, wholesale orders or other individually agreed services. These take precedence insofar as they have been validly agreed.
The language of the contract is German, unless stated otherwise in the respective offer.
§ 3 Storage of the contract text
Order data is stored within the scope of the statutory requirements.
The Terms applicable at the time the contract is concluded are made available to the customer in the form required by law.
Access to previous orders via a customer account is only possible if Cocoanel provides a corresponding function. Statutory retention and information obligations remain unaffected.
§ 4 Prices and payment
All consumer prices stated in the online shop include the applicable statutory VAT. Shipping costs and other additional costs are shown separately before the order is completed.
Different net prices apply to businesses. Invoicing is carried out in accordance with the applicable tax regulations.
The available payment methods are displayed during the ordering process. These may include in particular PayPal, Google Pay, Apple Pay, Klarna and credit card. There is no entitlement to the availability of a particular payment method.
If payment in advance has been agreed, the invoice amount must be paid within the stated or agreed period. For installment payments, the due dates stated in the respective offer or in the separate agreement apply.
Discount codes generally cannot be combined with one another unless the respective promotion terms provide otherwise. The discounts transparently displayed during the ordering process are decisive. No amount that was not previously shown will be charged subsequently without a valid contractual basis.
§ 5 Shipping costs and shipping terms
The available delivery countries, shipping costs and delivery terms are displayed in the online shop before the order is completed. The shipping costs can be viewed on the Shipping page and apply unless they are expressly updated in the shop or shown differently for a specific order.
The shipping costs for physical goods depend on the delivery country and the total weight of the order. The current amounts (incl. VAT) for all delivery countries are shown on the Shipping page.
Delivery within Germany is free of shipping costs for orders of €120 or more, and to all other delivery countries for orders of €200 or more. The order value shown during the ordering process is decisive. Deviating promotion terms are reserved.
Digital products, digitally provided coaching and digital gift vouchers are provided electronically. No shipping costs apply to digital delivery.
Deliveries to Switzerland and Liechtenstein may be subject to import charges, in particular customs duties and Swiss VAT. These are not included in the shipping costs stated and are borne by the customer insofar as they are legally payable by the customer.
Delivery is made to the delivery address provided by the customer. The delivery times stated in the respective offer or in the order confirmation are decisive. Unless a different delivery time has been agreed, the statutory provisions apply.
For consumers, the risk of accidental loss and accidental deterioration of the goods generally passes only upon handover of the goods to the consumer or to a third party designated by the consumer who is not acting as a carrier.
For businesses, the statutory provisions apply unless otherwise validly agreed.
§ 6 Temperature-sensitive products
Chocolate and other temperature-sensitive products may melt, become deformed or develop bloom (a whitish coating) during transport at high outside temperatures.
Refrigerated shipping is not offered. A continuously refrigerated transport or storage chain is not guaranteed during shipping.
Customers are asked to accept temperature-sensitive shipments promptly and not to leave them unnecessarily in hot environments, post offices or parcel lockers.
Temperature-related changes are assessed on a case-by-case basis according to the actual condition of the goods and the contractually agreed characteristics. Towards businesses, Cocoanel is not liable for temperature damage that occurred after handover to the shipping service provider. For consumers, § 5 applies (risk passes only upon handover of the goods to the consumer).
The product descriptions and the information on ingredients, allergens, shelf life and storage stated on the packaging must be observed.
Customers should check the ingredient and allergen information carefully before purchase. If they have any questions, they can contact Cocoanel before ordering.
Personal taste preferences or individual intolerances do not constitute a material defect, provided that the goods have the agreed characteristics and meet the statutory requirements.
After handover, the customer is responsible for proper storage in accordance with the product information. Statutory rights in respect of defects already existing when the risk passed remain unaffected.
§ 7 Digital products and digital content
Digital products include in particular e-books, downloads, videos, recordings, online courses, digital nutrition plans and other content provided online.
The specific content, scope, method of provision, technical requirements and, where applicable, the duration of access result from the respective product description.
Digital content is provided in accordance with the product description and the agreed payment terms.
Unlimited or lifetime access exists only if this has been expressly promised. In that case, the scope of access is governed by the specific offer description and the statutory requirements.
The customer is responsible for meeting the technical requirements stated in the product description. Significant restrictions regarding compatibility and interoperability are communicated before the contract is concluded, insofar as required by law.
For paid digital content provided immediately after purchase, the separate declarations required by law regarding the early start of performance of the contract and the possible expiry of the right of withdrawal are obtained, provided that the statutory requirements are met.
Statutory rights in respect of defective digital products and digital services remain unaffected.
§ 8 Nutritional counseling, coaching and other services
Cocoanel offers in particular coaching, online programs and further advisory and other services.
The type, scope, duration, price, appointments, materials included and other features of the service result from the respective offer description or a separate agreement.
Nutritional counseling and accompanying programs serve to provide information and support within the agreed scope of services. They do not replace a medical examination, diagnosis or treatment. In the case of health complaints or medical questions, appropriate medical advice should be sought.
No particular health, physical or other result is owed unless a specific service has been expressly agreed. The customer remains responsible for their own decisions and for implementing recommendations.
The customer is obliged to provide the information required for agreed appointments in good time and to attend agreed appointments. Rescheduling, cancellations and any cancellation rules are governed by the respective offer description or a separate agreement. If the customer ends a coaching or booked support early or stops using it, there is generally no entitlement to a refund of payments already made; agreed installments generally remain due even in the event of early termination.
§ 9 Memberships, subscriptions and programs
For memberships, subscriptions and longer-term programs, the price, scope of services, term, billing period, notice period and, where applicable, automatic renewal result from the respective offer or the separate contractual agreement.
An agreed minimum term, automatic renewal or notice period applies only within the statutory requirements and the conditions transparently communicated before the contract was concluded.
Notice of termination can be given using the options provided in the offer or customer account and, where legally permissible, in text form. Where required by law, an easily accessible electronic termination function is provided.
When the membership ends, membership benefits and discounts granted in future cease to apply insofar as they are tied to an active membership. Claims already validly acquired and statutory rights remain unaffected.
After any applicable withdrawal period has expired, there is generally no entitlement to a voluntary refund of fees already paid for content provided in accordance with the contract, services already provided or membership periods that have already expired. Mandatory statutory claims, in particular for services not provided or provided defectively, remain unaffected.
Missed appointments, non-use of content provided or late termination do not in themselves give rise to any additional statutory claim for a refund. Statutory rights of withdrawal, termination and warranty remain unaffected.
For installment payments, agreed installments are due in accordance with the valid payment agreement.
§ 10 Gift vouchers
Gift vouchers can be redeemed for the products or services specified in the respective offer description, in accordance with that description.
A voucher is provided digitally unless another form has been expressly agreed. No shipping costs apply to digital delivery.
Any redemption conditions, period of validity and restrictions are stated transparently before purchase.
A statutory right of withdrawal for vouchers purchased online remains unaffected unless a statutory exception applies. Mere digital delivery does not automatically exclude the right of withdrawal.
§ 11 Right of withdrawal
For distance contracts and off-premises contracts, consumers generally have a statutory right of withdrawal unless the right of withdrawal is excluded or has expired by law.
Details are set out in the separate withdrawal policy, which forms part of the pre-contractual information.
Statutory exceptions may apply to certain goods, in particular perishable goods or certain sealed goods after the seal has been removed. These exceptions apply only if the respective statutory requirements are met.
For digital content and services, the right of withdrawal may expire early under the statutory conditions. This requires that the respective express consents, confirmations of awareness and other statutory requirements are met.
For contracts concluded online with a statutory right of withdrawal, the electronic withdrawal function required by law is available (Withdraw from contract, linked in the footer of every page). Using this function is not the only way to declare withdrawal; withdrawal can also be declared in any other legally permissible manner.
§ 12 Warranty and liability
The statutory warranty rights apply unless legally permissible deviating agreements have been made with businesses.
For consumers, statutory warranty rights are neither excluded nor restricted by these Terms.
Cocoanel is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and in all other cases in which a limitation of liability is not permitted by law.
In the event of a slightly negligent breach of material contractual obligations, liability is limited, insofar as legally permissible, to the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
Otherwise, liability for slightly negligent breaches of duty is excluded insofar as this is legally permissible.
§ 13 Special terms for businesses and wholesale
For orders from businesses, individual offers, price tiers, minimum order quantities, delivery periods, payment terms and other delivery terms may be agreed. Expressly agreed individual terms take precedence.
Businesses must inspect the goods upon receipt within the scope of the statutory duties of inspection and notification of defects and report recognizable defects in good time. The statutory requirements and legal consequences, in particular under Section 377 of the German Commercial Code (HGB), remain decisive.
For businesses, the statutory provisions on warranty, transfer of risk and limitation periods apply unless otherwise agreed validly and in a legally permissible manner.
Deliveries and invoices to businesses within the EU or in third countries are made in accordance with the applicable VAT regulations. Special tax treatment, in particular a tax-exempt intra-Community supply or the reverse charge procedure, requires that the respective statutory requirements are met.
Businesses generally do not have a statutory consumer right of withdrawal.
§ 14 Sales at trade fairs and events
These Terms apply accordingly to purchases at trade fairs and events, insofar as they are applicable to the respective contract.
Whether a statutory right of withdrawal exists depends on the statutory requirements for the specific conclusion of the contract. For an ordinary purchase directly at a trade fair stand, there is as a rule no statutory right of withdrawal merely because of a later change of mind. Different statutory rules may apply to off-premises contracts.
Statutory rights in the event of defects, incorrect deliveries and other breaches of duty remain unaffected.
§ 15 Applicable law and dispute resolution
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), insofar as this choice of law is permissible with respect to the respective customer. For consumers whose habitual residence is in another country, mandatory consumer protection provisions of that country remain unaffected insofar as they apply by law.
For businesses, the place of jurisdiction is, insofar as legally permissible, Cocoanel's place of business.
Statutory information obligations regarding consumer dispute resolution remain unaffected.
§ 16 Final provisions
Individual agreements take precedence over these Terms insofar as they have been validly made.
Should individual provisions of these Terms be or become invalid, the statutory provisions apply. The validity of the remaining provisions remains unaffected within the framework of the statutory regulations.
End of the Terms and Conditions
