Facebook Pixel

TERMS AND CONDITIONS


www.cocoacircle.com

Last updated: 3rd September 2024

1. Introduction

1.1 Overview

Welcome to The Cocoa Circle, a brand owned and operated by The Cocoa Company BV, a company duly registered under the laws of the Netherlands with its registered office located at Mercuriusweg 26, The Hague. These Terms and Conditions (“Terms”) govern your access to and use of our website, located at https://www.cocoacircle.com/ (the “Website”), and the purchase and use of products and services offered by The Cocoa Circle (collectively, the “Services”).

1.2 Acceptance of Terms

By accessing, browsing, or otherwise using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional guidelines, rules, or policies referenced herein and/or available by hyperlink. If you do not agree to all these Terms, you are prohibited from accessing or using the Website and any Services provided by The Cocoa Circle.

1.3 Amendments

The Cocoa Circle reserves the right, at its sole discretion, to modify, amend, or replace any part of these Terms at any time. It is your responsibility to review these Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

2. Definitions

2.1 Key Terms

For the purposes of these Terms, the following definitions shall apply:

  • “Company,” “We,” “Us,” “Our”: Refers to The Cocoa Company BV, operating as The Cocoa Circle.
  • “Website”: Refers to the internet site located at https://cocoacircle.com/ and all subdomains thereof.
  • “User,” “You,” “Your”: Refers to any person or entity who accesses, browses, or uses the Website and/or purchases any products or services from The Cocoa Circle.
  • “Products”: Refers to all cocoa-related goods, including but not limited to cocoa powder, chocolate drops, and any other cocoa products offered through the Website.
  • “Services”: Refers to any services provided by The Cocoa Circle through the Website, including content, features, and functionalities.

3. Eligibility

3.1 User Age

The Services offered by The Cocoa Circle are intended for individuals who are at least 18 years of age. By accessing or using the Website, you represent and warrant that you are at least 18 years old or are accessing the Website under the supervision of a parent or legal guardian

3.2 Compliance with Local Laws

You acknowledge and agree that you are solely responsible for ensuring that your use of the Website and Services complies with all applicable laws and regulations of your jurisdiction, including but not limited to import/export laws, consumer protection laws, and e-commerce regulations.

4. Account Registration and Security

4.1 Registration Requirements

To access certain features of the Website or to place an order, you may be required to create an account with The Cocoa Circle. When creating an account, you agree to provide accurate, complete, and current information as prompted by the registration process. Failure to provide accurate information may result in the suspension or termination of your account.

4.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account login credentials, including your password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account. The Cocoa Circle reserves the right to refuse registration, suspend, or terminate your account at its sole discretion.

4.3 Termination

The Cocoa Circle reserves the right to terminate your account, without prior notice, if you violate any of these Terms, engage in fraudulent or illegal activities, or otherwise misuse the Website or Services. Upon termination, your right to use the Services will immediately cease, and any data or content associated with your account may be deleted or inaccessible.4.3 Termination

5. Product Information

5.1 Product Description

The Cocoa Circle endeavors to provide accurate and up-to-date information regarding our Products, including descriptions, specifications, and images. However, we do not warrant that the information provided is error-free, complete, or current. All Product descriptions and specifications are subject to change at any time without notice.

5.2 Availability

All Products offered on the Website are subject to availability, and we reserve the right to limit the quantities of any Products we offer. We also reserve the right to discontinue any Product at any time without prior notice.

5.3 Pricing

All prices listed on the Website are in Euros (€) and include VAT unless otherwise stated. Prices are subject to change without notice, and The Cocoa Circle reserves the right to correct pricing errors that may inadvertently occur. The total price for your order, including shipping charges and applicable taxes, will be provided during the checkout process.

6. Orders and Acceptance

6.1 Order Process

To place an order for Products through the Website, you must follow the instructions provided during the checkout process. By placing an order, you make an offer to purchase the selected Products in accordance with these Terms.

6.2 Order Confirmation

Upon receipt of your order, The Cocoa Circle will send you an order confirmation via email. This confirmation constitutes acceptance of your offer to purchase and forms a binding contract between you and The Cocoa Circle, subject to the availability of the Products and verification of your payment. If there are any issues with your order, such as availability of the Products, The Cocoa Circle will notify you as soon as possible to resolve the issue or provide a refund if necessary.

6.3 Right to Refuse

The Cocoa Circle reserves the right to refuse or cancel any order, including but not limited to orders where the Products are unavailable, there are inaccuracies in Product or pricing information, or we suspect fraudulent activity. If we cancel your order after payment has been processed, we will refund the payment in full.

7. Payment Terms

7.1 Payment Methods

The Cocoa Circle accepts various payment methods, including but not limited to credit cards, PayPal, and other digital payment services as indicated during the checkout process. You agree to pay all charges associated with your order at the prices in effect when the charges are incurred.

7.2 Payment Processing

By providing payment information, you represent and warrant that you have the legal right to use the payment method provided. All payments are processed through secure third-party payment processors, and The Cocoa Circle does not store or have access to your full payment information. Payment is processed at the time your order is placed.

7.3 Security

The Cocoa Circle uses commercially reasonable security measures to protect your payment information during transmission. However, we cannot guarantee the absolute security of your payment information and, to the fullest extent permitted by law, disclaim any liability for unauthorized access to or use of your payment information.

8. Shipping and Delivery

8.1 Shipping Policy

The Cocoa Circle is committed to ensuring that your order is delivered in a timely manner. Shipping methods, estimated delivery times, and associated costs are outlined during the checkout process. Please note that all delivery times provided are estimates and are not guaranteed. The Cocoa Circle is not responsible for any delays caused by the shipping carrier, customs clearance, or other circumstances beyond our control.

8.2 Delivery Charges

Delivery charges are calculated based on the shipping destination, the weight and dimensions of your order, and the selected shipping method. These charges will be clearly indicated during the checkout process before you finalize your purchase. Additional charges may apply for shipments to remote areas, which will also be disclosed during checkout.

8.3 International Shipping

The Cocoa Circle ships to multiple countries within the European Union and other select international destinations. You are responsible for ensuring that the Products can be legally imported to your destination country. The Cocoa Circle will not be liable for any customs duties, import taxes, or other fees imposed by your local government. Any such charges are the responsibility of the customer and are not included in the price of the Products or shipping costs.

9. Risk and Title

9.1 Transfer of Risk

The risk of loss or damage to the Products passes to you upon delivery of the Products to the shipping carrier. Once the Products have been handed over to the carrier, The Cocoa Circle is no longer responsible for any loss or damage that occurs during transit. It is your responsibility to file any claims with the carrier for any issues that arise during shipment.

9.2 Ownership

Ownership of the Products does not transfer to you until we have received full payment for the Products, including all applicable shipping charges and taxes. Until ownership is transferred, The Cocoa Circle retains all legal rights and title to the Products.

10. Returns and Refunds

Please refer to our Returns and Refunds policy for more information on this section.

10.3 Non-Returnable Items

ertain items are not eligible for return due to their nature. These include, but are not limited to:

  • Opened or used food products unless they are defective or damaged upon arrival.
  • Personalized or custom-made products.
  • Items marked as final sale or non-returnable at the time of purchase.

11. Consumer Rights

11.1 Right of Withdrawal

Under Dutch consumer protection law, you have the right to withdraw from your purchase within 14 days from the day you receive the Products, without giving any reason. However, this right does not apply to perishable goods, such as food products, or other items that are specifically excluded by law.

11.2 Exceptions

The right of withdrawal does not apply to the following:

  • Products that are liable to deteriorate or expire rapidly.
  • Products that have been unsealed after delivery and are therefore unsuitable for return due to health protection or hygiene reasons.
  • Custom-made or personalized items.

If the right of withdrawal is exercised, you must return the Products in their original packaging, unused, and in the same condition in which they were received. You will bear the direct cost of returning the Products unless the Products are defective or incorrect.

12. Product Use and Liability

12.1 Intended Use

The Cocoa Circle’s Products are intended for personal use and consumption. You agree to use the Products only for their intended purposes and in accordance with the instructions provided. Any other use, including resale or commercial use, is strictly prohibited unless explicitly authorized by The Cocoa Circle in writing.

12.2 Limitation of Liability

To the fullest extent permitted by law, The Cocoa Circle disclaims all liability for any damages arising out of or related to the misuse of our Products, including but not limited to personal injury, property damage, or any other losses resulting from improper handling, storage, or consumption of the Products.

12.3 Indemnification

You agree to indemnify, defend, and hold harmless The Cocoa Circle, its affiliates, officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, or expenses, including legal fees, arising out of or in any way connected with your misuse of the Products or violation of these Terms.

13. Intellectual Property

13.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, images, video clips, audio clips, data compilations, and software, is the property of The Cocoa Circle or its content suppliers and is protected by intellectual property laws, including but not limited to copyright, trademark, and database rights.

13.2 Limited License

The Cocoa Circle grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes only. This license does not include any rights to:

Use any meta tags or any other “hidden text” utilizing The Cocoa Circle’s name or trademarks without our express written consent.

Resell or make any commercial use of the Website or its contents.

Reproduce, duplicate, copy, or otherwise exploit any content for any commercial purpose.

13.3 Restrictions

You are prohibited from using any automated systems or software to extract data from the Website for commercial purposes (“screen scraping”), or from framing, embedding, or mirroring any part of the Website without prior written consent from The Cocoa Circle. Any unauthorized use of the Website or its content will result in the automatic termination of the license granted under this section and may result in further legal action.

14. User Conduct

14.1 Prohibited Activities

While using the Website, you agree not to:

  • Engage in any unlawful, fraudulent, or abusive activities.
  • Upload or transmit any harmful or malicious software, viruses, or other code that could disrupt, damage, or impair the functionality of the Website.
  • Use the Website to harass, abuse, or harm another person.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website.

14.2 User Content

If the Website allows for user-generated content (e.g., reviews, comments), you agree that any content you submit is your original work and does not infringe on the rights of any third party. You grant The Cocoa Circle a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

14.3 Reporting Violations

The Cocoa Circle reserves the right, but is not obligated, to monitor and remove any user content that we deem, in our sole discretion, to be in violation of these Terms or otherwise harmful, offensive, or inappropriate. Users are encouraged to report any violations of these Terms or suspicious activities to care@cocoacircle.com.

15. Privacy and Data Protection

Please refer to our privacy policy for more information on this section.

16. Cookies and Tracking Technologies


For more information on how to manage cookies and your options, please refer to our Cookie Policy.

17. Third-Party Links and Resources

17.1 External Links

The Cocoa Circle Website may contain links to third-party websites or resources that are not owned or controlled by us. These links are provided for your convenience and do not imply any endorsement by The Cocoa Circle of the linked sites or their content.

17.2 No Endorsement

The Cocoa Circle does not assume any responsibility for the content, privacy practices, or activities of any third-party websites. If you choose to access any third-party sites linked from our Website, you do so at your own risk. We recommend that you review the terms and privacy policies of any third-party site you visit.

18. Disclaimers and Warranties

18.1 General Disclaimer

The Cocoa Circle provides the Website, its content, and the Products on an “as-is” and “as-available” basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the fullest extent permitted by applicable law, The Cocoa Circle disclaims all warranties, whether express or implied, regarding the operation of the Website and the information, content, materials, Products, and services included on or otherwise made available to you through the Website.

18.2 No Guarantee

The Cocoa Circle does not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. The Cocoa Circle makes no guarantees regarding the accuracy, reliability, or completeness of the information provided on the Website.

18.3 Product Warranties

Except as explicitly stated in these Terms, The Cocoa Circle does not make any warranties or representations regarding the quality, safety, or fitness of the Products sold on the Website. Any warranty provided by a third-party manufacturer is the sole responsibility of that manufacturer and is governed by the terms of that manufacturer’s warranty.

18.4 Food Disclaimer

The Products sold by The Cocoa Circle are intended for personal consumption and are produced and packaged according to the highest standards of quality and safety. However, The Cocoa Circle cannot guarantee that the Products are free from all allergens or that they will meet all individual dietary needs and preferences. It is your responsibility to review all ingredients listed on the Product packaging and to consult with a healthcare provider or nutritionist if you have any concerns or specific dietary requirements. The Cocoa Circle disclaims all liability for any adverse reactions that may occur from the consumption of our Products, including but not limited to allergic reactions or other food-related illnesses.

19. Limitation of Liability

19.1 Maximum Liability

To the fullest extent permitted by law, The Cocoa Circle, its affiliates, officers, directors, employees, agents, or suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with your use of or inability to use the Website or the Products, even if The Cocoa Circle has been advised of the possibility of such damages. In no event shall The Cocoa Circle’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Website or purchasing the Products.

19.2 Exclusion of Indirect Damages

The Cocoa Circle will not be liable for any indirect, incidental, special, or consequential damages resulting from the use of or the inability to use the Website, the services, or the Products, including but not limited to, damages for lost profits, loss of data, business interruption, or any other commercial damages or losses, even if The Cocoa Circle has been advised of the possibility of such damages.

20. Indemnification

20.1 User Agreement

You agree to indemnify, defend, and hold harmless The Cocoa Circle, its affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to your violation of these Terms, your misuse of the Website or the Products, or your breach of any applicable law or regulation.

20.2 Scope of Indemnification

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Website and the Products. The Cocoa Circle reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate fully with The Cocoa Circle in asserting any available defenses.

21. Governing Law and Jurisdiction

21.1 Applicable Law

These Terms and your use of the Website and the Products shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms.

21.2 Jurisdiction

Any disputes arising out of or in connection with these Terms, the Website, or the Products shall be subject to the exclusive jurisdiction of the competent courts in the Netherlands. You hereby consent to the personal jurisdiction of these courts and waive any objections to the exercise of jurisdiction over you by such courts, including objections based on improper venue or forum non-conveniens.

22. Dispute Resolution

22.1 Initial Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, your use of the Website, or the purchase of Products (collectively, “Dispute”), you agree to first attempt to resolve the Dispute informally by contacting The Cocoa Circle at care@cocoacircle.com. Both parties agree to engage in good faith negotiations to resolve the Dispute within 30 days from the date you notify us of the issue.

22.2 Mediation/Arbitration

If the Dispute cannot be resolved through informal negotiation, either party may request that the Dispute be resolved through mediation, using a mutually agreed-upon mediator located in the Netherlands. If mediation is unsuccessful, the Dispute shall be resolved by binding arbitration in accordance with the rules of the Netherlands Arbitration Institute (NAI). The arbitration shall be conducted in Amsterdam, Netherlands, in the English language. The decision of the arbitrator shall be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

22.3 Litigation

If arbitration is not possible due to statutory restrictions or mutual agreement, any unresolved Dispute shall be brought exclusively before the competent courts in Amsterdam, Netherlands, as provided under Section 21.2.

22.4 Class Action Waiver

To the fullest extent permitted by law, you agree that any Dispute must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You expressly waive your right to participate in any class actions, class arbitrations, or representative actions against The Cocoa Circle.

23. Force Majeure

23.1 Definition

The Cocoa Circle shall not be liable for any failure to perform its obligations under these Terms if such failure is caused by events or circumstances beyond its reasonable control, including but not limited to, acts of God, natural disasters, pandemics, wars, civil disturbances, governmental actions, strikes, lockouts, labor disputes, fire, floods, earthquakes, transportation interruptions, supply shortages, or any other event that could not have been anticipated or prevented by reasonable measures (“Force Majeure Event”).

23.2 Impact on Obligations

If a Force Majeure Event occurs, The Cocoa Circle’s obligations under these Terms will be suspended for the duration of the Force Majeure Event. The Cocoa Circle will use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume the performance of its obligations as soon as reasonably practicable. If the Force Majeure Event continues for a period exceeding 30 days, either party may terminate these Terms without liability, provided that any payment obligations accrued before the Force Majeure Event shall remain due and payable.

24. Severability

24.1 Severable Clauses

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible under applicable law, and the remainder of these Terms shall continue in full force and effect. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of any other provision contained herein.

24.2 Substitution

In the event that any provision of these Terms is deemed invalid or unenforceable, the parties shall negotiate in good faith to substitute the invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the intent and economic effect of the original provision.

25. Entire Agreement

25.1 Integration Clause

These Terms, together with any other legal notices, policies, or guidelines published by The Cocoa Circle on the Website, constitute the entire agreement between you and The Cocoa Circle regarding your use of the Website and the purchase of Products, and supersede all prior agreements, understandings, or representations, whether written or oral, concerning the subject matter hereof.

25.2 No Waiver

No waiver by The Cocoa Circle of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. The failure of The Cocoa Circle to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of The Cocoa Circle.

26. Contact Information

26.1 Customer Service

If you have any questions or concerns regarding these Terms, your use of the Website, or your purchase of Products, please contact our customer service team at:

Email: care@cocoacircle.com

26.2 Notices

All legal notices or demands to or upon The Cocoa Circle shall be made in writing and sent to the address provided in this section. The Cocoa Circle may issue legal notices or other communications to you via email, regular mail, or by posting notices on the Website. The effective date of such notices shall be the date on which they are sent or posted.

27. Promotional Offers and Discounts

27.1 Offer Terms

From time to time, The Cocoa Circle may offer promotional discounts, coupons, or other special offers (“Promotions”) that are subject to specific terms and conditions. Such terms and conditions will be provided at the time the Promotion is made available and are incorporated by reference into these Terms. Unless expressly stated otherwise, all Promotions are non-transferable, non-refundable, and have no cash value.

27.2 Limitations

Promotions may be limited to specific Products, regions, or time periods, and may be subject to availability. The Cocoa Circle reserves the right to modify or cancel any Promotion at any time without prior notice. Any abuse of the Promotions, as determined by The Cocoa Circle in its sole discretion, may result in the cancellation of the Promotion and/or your order.

27.3 Combination with Other Offers

Unless otherwise specified, Promotions cannot be combined with any other discounts, offers, or promotions. Certain Products may be excluded from Promotions at the discretion of The Cocoa Circle.

28. Changes to Products or Services

28.1 Right to Modify

The Cocoa Circle reserves the right to modify or discontinue any Products or Services offered on the Website at any time without prior notice. This includes the right to change the ingredients, formulation, packaging, or any other aspect of the Products, as well as the right to adjust prices, fees, or charges associated with the Products or Services.

28.2 Discontinued Products

In the event that a Product you have ordered is discontinued, The Cocoa Circle will notify you as soon as possible and provide you with the option to receive a substitute Product of equal or greater value, or to cancel your order and receive a full refund for the discontinued Product.

28.3 No Liability

The Cocoa Circle shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any Products or Services.

29. Termination of Access

29.1 Right to Terminate

The Cocoa Circle reserves the right to terminate or suspend your access to the Website, your account, or any part thereof, at any time and for any reason, including but not limited to a violation of these Terms, fraudulent activity, or other conduct that is harmful to The Cocoa Circle’s interests. Such termination or suspension may occur without prior notice and without liability to you.

29.2 Effect of Termination

Upon termination of your access to the Website or your account, your right to use the Website and any Services provided therein will immediately cease. Any provisions of these Terms that, by their nature, should survive termination (including but not limited to Sections 12, 18, 19, 20, 21, and 22) shall remain in effect after termination.

29.3 Data Deletion

Upon termination of your account, The Cocoa Circle reserves the right to delete all data and content associated with your account. The Cocoa Circle shall not be liable for any loss of data resulting from the termination of your access to the Website or your account.

Scroll to Top