Terms and conditions

These Terms and Conditions were last updated on 3rd October 2020.

Thank you for your interest in Kakaoarbo. These Terms and Conditions apply when you use this website and purchase any items from us.

The website https://kakaoarbo.net (the “website”) is owned and operated by Théo Ghnassia, trading as ‘Kakaoarbo’ (“Kakaoarbo”, or “we”, “us” or “our”). We are a company registered in Sweden (company number 8504066153), our VAT number is SE850406615301 and our registered office and address for correspondence is: Västerhejde Toftavägen 211, 62199 Visby, Sweden.

By using our website and each time you place an order with us, you are agreeing to these Terms and Conditions, and our Privacy and Cookies Policy. If you do not agree, please do not use our website.

We reserve the right, from time to time, with or without notice, to change these Terms and Conditions at our sole discretion, and the latest version will appear on our website with the date that it was last updated. By using the service after any changes have been posted, you agree to the new terms.
1. Use of our website

1.1 To use our website you need to be 18 or over. By joining us you confirm that you are legally capable of entering into binding contracts.
1.2 You are responsible that your details are correct and kept up to date. If your details change, please send an email with the updated information, espacially the delivery address.

1.3 We may refuse any application to join our website or receive our services for any reason whatsoever.

2. Content on our website

2.1 We may change or remove content or parts of our website at any time.

2.2 The legal rights (including the intellectual property rights) in our website and any content on it is owned by us, or licensed to us by third parties. Our website and content is protected by international copyright laws and database rights. Nothing on our website grants you any licence or right to use, alter or remove such material. You may not use our trade marks, logos or other intellectual property.

2.3 From time to time our website may include links to other websites. These links are provided for your convenience to provide further information. We have no control over, or responsibility for, the content of the linked website(s).

2.4 Your access to our website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will endeavour to restore the service as soon as we reasonably can.
3. Your use of our website

3.1 You agree that you will not: (a) impersonate any other person, conduct yourself in an offensive manner, or use our website for any unlawful purposes; (b) attempt to access the accounts of other users or misuse our website by introducing viruses, trojans, worms or other harmful material; or (c) disable or modify any copy protection technology used on our website.

3.2 We may suspend, restrict or terminate your account and your access to our website if we believe that you have breached these Terms and Conditions. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
4. Pricing

4.1 The prices which you must pay for the products that you order are set out on the website at the time you place your order.

4.2 It is possible that some of the products may be incorrectly priced from time to time. We are under no obligation to supply products to you at an incorrect (lower) price, even after we have sent you an order confirmation message, if the pricing error is clear and unmistakable and could reasonably have been recognised as mispricing.

4.3 All prices are excludind VAT (moms). The total including VAT (moms) at the appropriate rate is shown at the checkout page.
5. Placing an order

5.1 In order to purchase our products, individual chocolate bars or special offers, you simply need to select the relevant product from our Webshop, choose the quantity and click “Add to basket” and follow the checkout process.

5.2 As part of the checkout process you will be asked to submit your payment details in accordance with our accepted payment methods.

5.3 By submitting the order you confirm it and that all the details you entered are correct.

5.4 Once you click on the button to pay we will process your payment details and you will not be able to cancel your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because of any reason that makes the order impossible for us.
6. Dietary Information

6.1 The products that we sell may be made in the same environment as nuts products and therefore we cannot guarantee that they are free from nut traces.

7. Orders

7.1 We will do our best to ship your order as soon as possible after making your purchase. Seasonal chocolates will mention the delivery date on the product page.

7.2 Any discounts and credits we make are designed to be used independently and cannot be used in conjunction with any other offers.

8. Delivery

8.1 Orders can be delivered to most addresses across Sweden and other countries in European Union. If you have issues with your address being recognised at the checkout please contact theo@kakaoarbo.net and we will endeavour to meet your requests. There is a delivery charge for shipping on all items.

8.2 We currently use Postnord postage to deliver orders.

8.3 We reserve the right to amend delivery fees at any time without notice.

8.4 If we are unable to fulfil your order due to the product(s) being unavailable, we will inform you via email and reimburse to you any sum paid as soon as possible.

8.5 You will become the owner of the products you have ordered when they are delivered to you. Once products have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction.

8.6 You also acknowledge that products may be delivered to a neighbour or left in a safe place (for example, a letterbox or porch) unless you specifically say that you are not happy with that arrangement. For deliveries during the summer period, you accept that any products left outside your door may melt and should this happen, you will not be able to claim a refund or ask for a replacement.

8.7 If you change address, you must update your address details in your account or by e-mailing us at: theo@kakaoarbo.net. Please note that we cannot amend address details once payment has gone through and we will not send replacements or refund orders which go missing due to an incomplete address.

8.8 Please note that any delivery dates and times stated on our website are estimates only and we cannot guarantee that your order will be delivered on a particular date.

8.9 You must notify us within 4 weeks of any missing deliveries. If you inform us of missing deliveries within 4 weeks, we will attempt to redeliver each missing order once via a tracked carrier. If this tracked replacement order does not reach you, we will issue a refund for this order. If more than two orders go missing with a 12 month period we reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.

8.10 We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
9. Cancellation, Returns and Suspensions

9.1 You may cancel an order by contacting us at theo@kakaoarbo.net, before the order started to be prepared.

9.2 You have the right to cancel your order with us in relation to products purchased from our website, without any penalty and for any reason, by notifying us in writing within fourteen (14) calendar days, beginning on the day you receive the products. You should notify us by contacting us at: theo@kakaoarbo.net. Please note that you will lose your right to cancel if you open, consume, damage etc. the products.

9.3 If, pursuant to Clause 9.2, you cancel the contract within the fourteen (14) calendar days cooling-off period, we will process the refund due to you as soon as possible and, in any event within: (a) where we collect the products from you through our approved courier, fourteen (14) calendar days of the day on which you gave notice of your cancellation; or (b) where you return the products yourself, fourteen (14) calendar days of the day we receive the returned products or, if earlier, proof of postage from you evidencing that you have sent the products back, within such time. We will refund the price of the product in full, including any standard delivery costs which have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses) including the cost of sending the item to you. You will be responsible for the cost of returning the products to us provided that the reason for the return is not because of an error on our part or because the item is faulty or defective. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.

9.4 You should return the products to us within fourteen (14) calendar days of the date you notify us of the cancellation, in the same condition in which you received them and at your own expense. Please ensure that all returns are accompanied by a returns form (available here). You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

9.5 Once you have notified us that you are cancelling your order, any sum debited from your payment card will be re-credited to your account as soon as possible, and in any event within 30 days of your order.

10. Refunds

10.1 If you are unhappy with any product that you receive from us, please contact us at theo@kakaoarbo.net, sending a photo of the product. We retain the right to request a return of any faulty products by recorded delivery to: Kakaoarbo, Västerhejde Toftavägen 211, 62199 Visby, Sweden.
If the fault is agreed, a full refund will be given for the returned goods within 7 days. We reserve the right to refuse a refund on any product.
11. Other important terms

11.1 We collect personal information about you through your use of the website and our services. All information that we collect about you is subject to our Privacy Policy.

11.2 You are entitled to various statutory warranties including a warranty that the products supplied to you conform with your contract with us.

11.3 Nothing in these terms limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.

11.4 Nor will any of these Terms and Conditions restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.

11.5 If any part of these Terms and Conditions is deemed to be unenforceable the enforceability of any other part of these terms will not be affected.

11.6 This contract is between you and us. No other person has any rights to enforce any of its terms.

11.7 You may not assign, sub-licence or otherwise transfer your rights or obligations under these terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these terms.

11.8 We will not be liable to you for any lack of performance, or the unavailability or failure of our website or our services, or for any failure by us to comply with these terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and the losses that were foreseeable, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.

11.9 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

11.10 These Terms and Conditions, and any contract between us, are in the English language.
12. How to contact us and further information

12.1 If you have any feedback, questions or complaints or any requests for technical support, then please contact us at theo@kakaoarbo.net.

12.2 The website https://kakaoarbo.net is owned and operated by Théo Ghnassia, trading as ‘Kakaoarbo’. We are a company registered in Sweden (company registration number 8504066153), and our registered office is at Västerhejde Toftavägen 211, 62199 Visby, Sweden.
12.3 Our VAT registration number is SE850406615301.

If you can’t find the answer to your question here, you can send us an email at theo@kakaoarbo.net for general queries.

We’ll do our best to reply to all messages with 48 working hours but we are a small company and during busy periods it can take a little longer. We are closed on weekends so if you message us then we will get back to you the beginning of the following week.