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our terms and conditions

Every day Tony’s Chocolonely is hard at work helping to make chocolate 100% slave free. We work in direct partnership with cocoa cooperatives. And because we’re serious about people, we tell you exactly which cooperatives we work with and where our chocolate comes from. We’re just as serious about any personal data you give us. Our privacy statement and terms and conditions tell you everything you need to know (impressively official hey..).

General terms & conditions

We have briefly summarized the main points for you below:


  • Orders must be paid in advance via one of the digital payment methods available in the Webshop. Tony’s Chocolonely will deliver your order within five (5) working days after receiving the payment (if in stock).
  • The shipping costs are based on the total weight of the order and the number of Products. The Webshop calculates the total weight and indicates the corresponding amount for shipping and transport costs. For orders exceeding 300 kg please contact us at orders@tonyschocolonely.com.
  • If the Product does not meet your expectations or if you wish to reconsider the purchase for any other reason, you have the right to cancel the purchase within fourteen (14) calendar days of receipt of the Product and then to return the Product within fourteen (14) calendar days after cancellation notice. Tony’s Chocolonely will reimburse the payment within 30 (thirty) calendar days of actual receipt of the Product, including shipping costs. Any shipping costs for returns are to be borne by the Consumer, unless the Product is damaged or has been delivered faulty. In that case, any shipping costs for returns are to be borne by Tony's Chocolonely. The right of withdrawal does not apply to personalized bars and commercial end users.


1. Definitions

In these Terms and Conditions, the capitalized terms shall have the following meaning:


Consumer/Consumers”:                   purchaser/purchasers, natural person or persons, acting for purposes outside

his/her/their business or professional activities who orders/order Products from the Webshop. This also includes a commercial end user who orders Products from the Webshop;

“Agreement/Agreements”:               the agreement/agreements for purchase, sale and delivery concluded, or to be

concluded, between a Consumer and Tony’s Chocolonely;

“Product/Products”:                             the goods Tony’s Chocolonely offers for sale in its Webshop;

“Tony’s Chocolonely”:                         Tony’s Chocolonely Nederland B.V.;

“Terms and Conditions”:                    these online Terms and Conditions of Sale and Delivery for Consumers of Tony’s

Chocolonely;

“Webshop”:                                              the online sales channel of Tony’s Chocolonely –

www.tonyschocolonely.com/nl/nl/chocoshop  – where Consumers may order Products.


2. General

  • These Terms and Conditions apply to the conclusion, content and performance of any Agreements concluded between the Consumer and Tony’s Chocolonely.
  • If you place an order with Tony’s Chocolonely, you have to confirm that you agree to Tony’s Chocolonely’s Terms and Conditions. The Terms and Conditions will be made available to you by means of a digital link. Tony’s Chocolonely has the right to amend these Terms and Conditions, with an amendment period of 30 (thirty) calendar days. If you receive Products that you have not ordered or find inaccuracies in a delivery, please inform Tony’s Chocolonely as soon as possible and no later than within fourteen (14) days of receipt of the Products, by sending an email to chocoshop@tonyschocolonely.com.


3. Price/shipping costs

  • The prices of all Products that can be ordered via the Webshop are inclusive of sales tax (VAT).
  • The shipping costs are based on the total weight of the order and the number of Products. The Webshop calculates the total weight and indicates the corresponding amount for shipping and transport costs. For orders exceeding 300 kg please contact us at orders@tonyschocolonely.com.
  • The prices of Products stated in the Webshop are subject to change, for any reason whatsoever.


4. Delivery

  • Generally, all goods are deliverable from stock but the delivery times stated by Tony's Chocolonely are indicative only. Exceeding a delivery period does not entitle the Consumer to any compensation.
  • The Consumer will receive a message containing a Track & Trace code as soon as the Products are ready for shipment.
  • With due observance of the above provisions of article 4.1 of these Terms and Conditions, Tony's Chocolonely will execute accepted orders as soon as possible and in principle within five (5) working days. If the delivery is delayed, either because it is (temporarily) out of stock or delayed for other reasons, or if a delivery cannot be executed or can only partially be executed, the Consumer will be notified no later than five (5) working days after placing the order. In that case, the Consumer has the right to cancel the order within five (5) working days without costs.
  • Products from Tony’s Chocolonely may not be used for any unlawful purpose whatsoever. On personalized bars we do not print any designs that are libellous, offensive, obscene or threatening. Tony’s Chocolonely has the right to terminate the service to Consumers who use Tony’s Chocolonely’s Products for unlawful activities.
  • At all times, Tony's Chocolonely, for its own reasons, reserves the right to refuse orders. The Products are intended for the Consumer and the Products are not intended to be resold. Tony’s Chocolonely may refuse orders, for example, if there are reasonable grounds for suspecting that they are intended to be resold. In addition, Tony’s Chocolonely may limit the maximum amounts to be ordered.

 

5. Right of withdrawal and repayment

  • The Consumer has the right to terminate the Agreement regarding the purchase of a Product within fourteen (14) calendar days of delivery of the Product and then to return the Product within fourteen (14) days of termination. The right of withdrawal referred to in this article does not apply to personalized bars and commercial end users.
  • If the Consumer exercises this right of withdrawal, he/she shall inform Tony’s Chocolonely thereof by email within the aforementioned fourteen (14) calendar days. The Consumer is not obliged to state the reason of the termination. After termination, the Consumer will then receive an email from Tony’s Chocolonely containing instructions about the prescribed method of returning the Product.
  • As soon as possible, but within fourteen (14) calendar days of termination of the Agreement, the Consumer shall return the Product to Tony’s Chocolonely. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
  • Return shipments are only accepted if the Product is (in the original packaging and) undamaged. The basic principle here is that the Consumer may only handle and inspect the Product as he/she would be allowed to do in a store. Return shipments must be properly packaged. Any shipping costs for returns are to be borne by the Consumer. In the event that any Products delivered were damaged or faulty, the shipping costs for returns are to be borne by Tony's Chocolonely.
  • We will not take delivery of Products that are returned carriage forward and this will not affect the period referred to in article 5.2.
  • After receipt of the Product, Tony’s Chocolonely will send the Consumer a confirmation of receipt. Within thirty (30) calendar days of receipt of the return shipment of the Product, Tony’s Chocolonely will reimburse the payment of the Product to the Consumer, including the shipping costs as referred to in article 3.2.


6. Payment

The Consumers must pay the price and any other amounts due under the Agreement, in advance by means of the digital payment methods available in the Webshop.


7. Product recall 

Tony’s Chocolonely has the right to recall Products, for its own reasons, inter alia, to prevent unsafe Products from reaching the market or the Consumer or remaining there. In case of such a recall, Tony’s Chocolonely will take the necessary measures to inform the Consumer of the recall. Tony’s Chocolonely will publish any recall (inter alia) on social media and will put a message on the website of Tony’s Chocolonely. In that case, Tony’s Chocolonely will ask you for your cooperation with such a product recall.


8. Intellectual property rights

The word mark TONY’S CHOCOLONELY and all other marks and images of Tony’s Chocolonely are protected under national and international laws and treaties for the protection of intellectual property. It is not permitted without prior permission from Tony’s Chocolonely to reproduce these marks and copyrighted images and/or to make them public.


9. Communication

Tony's Chocolonely is not liable for incorrect or delayed transmission of order details and communications as a result of the use of the internet or any other means of communication in the transactions between the Consumer and Tony's Chocolonely, or between Tony's Chocolonely and third parties, insofar as they relate to the relationship between the Consumer and Tony's Chocolonely.


10. Force majeure

Without prejudice to its other rights, in the event of force majeure Tony's Chocolonely has the right, at its own discretion, to suspend the execution of an order or to terminate the Agreement after 30 (thirty) calendar days, without judicial intervention, by informing the Consumer in writing and without Tony's Chocolonely being obliged to compensate for any damage.


11. Exclusion of precedent effect

In the event that Tony's Chocolonely has allowed deviations from these Terms and Conditions for a short or longer period of time, whether or not tacitly, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. The Consumer can never exercise any right based on the fact that Tony's Chocolonely applies these Terms and Conditions flexibly.


12. Governing law

The agreements concluded between Tony's Chocolonely and the Consumer shall be exclusively governed by Dutch law.


13. Miscellaneous

These Terms and Conditions consist of 13 articles.


Tony’s Chocolonely Nederland B.V.
Polonceaukade 20
1014DA Amsterdam
Netherlands

Telephone:  +31 20 2051 200
E-mail:  mailme@tonyschocolonely.com

VAT: NL854138079B01
CoC: 60962704

Rabobank Amstelveen
IBAN: NL44RABO0131759892
BIC: RABONL2U

FLO ID: 18566
SKAL: 027729


General terms & conditions resellers


Online terms and conditions of sale and delivery for retailers of Tony’s Chocolonely Nederland B.V.

We have briefly summarized the main points for you below:

  • Customers can pay in advance via the digital payment methods available in the Webshop. Tony’s Chocolonely will deliver your order within five (5) working days after receiving the payment (if in stock).
  • Customers who opt for a payment condition of fourteen (14) calendar days will receive a digital invoice that must be paid within fourteen (14) calendar days of the date of the invoice. Tony’s Chocolonely will deliver your order within five (5) working days after receiving your order (if in stock).
  • Shipping costs also include the costs of order picking. The prices are based on the total weight of the order and the number of Products. The Webshop calculates the total weight and indicates the corresponding amount for shipping and transport costs. For orders exceeding 300 kg please contact us at orders@tonyschocolonely.com.
  • If the Product does not meet your expectations, you have the right to terminate the Agreement within five (5) working days. In this case, the Products delivered must be returned within eight (8) calendar days of delivery. Any shipping costs for returns are to be borne by the Customer.
  • Tony's Chocolonely adhers the legal requirements for the Product that apply in the Netherlands, for example with regard to labeling and composition. The product is therefore only intended for sale in the Netherlands. Do you want to sell Tony's Chocolonely products in another country? Please contact us at: mailme@tonyschocolonely.com.



1. Definitions

 

In these Terms and Conditions, the capitalized terms shall have the following meaning:


 “Customer/Customers”:                    professional retailer/retailers who orders/order Products via the Webshop;

 “Agreement/Agreements”:              the agreement/agreements for purchase, sale and delivery concluded, or to be concluded, between a Customer and Tony’s Chocolonely;

 “Product/Products”:                            the goods Tony’s Chocolonely offers for sale in its Webshop;

 “Tony’s Chocolonely”:                        Tony’s Chocolonely Nederland B.V.;

 “Terms and Conditions”:                   these online Terms and Conditions of Sale and Delivery for retailers of Tony’s Chocolonely;

 “Webshop”:                                             the online sales channel of Tony’s Chocolonely – www.tonyschocolonely.com/nl/nl/chocoshop  – where Customers may order Products.


2. General

  • These Terms and Conditions apply to the conclusion, content and performance of any Agreements concluded between the Customer and Tony’s Chocolonely. General (Purchase) Terms and Conditions of the Customer are hereby expressly rejected and do not apply to these Agreements unless specifically otherwise agreed in writing.
  • If you place an order with Tony’s Chocolonely, you have to confirm that you agree to Tony’s Chocolonely’s Terms and Conditions. Tony’s Chocolonely has the right to amend these Terms and Conditions, with an amendment period of 30 (thirty) calendar days. If you receive Products that you have not ordered or find inaccuracies in a delivery, please inform Tony’s Chocolonely immediately and no later than within five (5) working days of receipt of the Products, by sending an email to chocoshop@tonyschocolonely.com.


3. Price/shipping costs

  • The prices of all Products that can be ordered via the Webshop are inclusive of sales tax (VAT).
  • Shipping costs also include the costs of order picking. The prices are based on the total weight of the order and the number of Products. The Webshop calculates the total weight and indicates the corresponding amount for shipping and transport costs. For orders exceeding 300 kg please contact us at orders@tonyschocolonely.com.
  • The prices of Products stated in the Webshop are subject to change, for any reason whatsoever.


4. Delivery 

  • Generally, all Products are deliverable from stock but the delivery times stated by Tony's Chocolonely are indicative only. Exceeding a delivery period does not entitle the Customer to any compensation.
  • Delivery of the Products is on an Ex-Works basis (Incoterms 2010). The Customer will receive a message containing a Track & Trace code as soon as the Products are ready for shipment.
  • With due observance of the above provisions of article 4.1 of these Terms and Conditions, Tony's Chocolonely will execute accepted orders as soon as possible and in principle within five (5) working days. If the delivery is delayed, either because it is (temporarily) out of stock or delayed for other reasons, or if a delivery cannot be executed or can only partially be executed, the Customer will be notified no later than five (5) working days after placing the order. In that case, the Customer has the right to cancel the order without costs.
  • At all times, Tony's Chocolonely, for its own reasons, reserves the right to refuse orders. Products from Tony’s Chocolonely may not be used for any unlawful purpose whatsoever. On personalized bars we do not print any designs that are libellous, offensive, obscene or threatening. Tony’s Chocolonely has the right to terminate the service to Customers who use the Products for unlawful activities.


5. Complaints and liability 

  • The Customer has the obligation to examine on delivery whether the Products comply with the Agreement. If this is not the case, the Customer must inform Tony's Chocolonely in writing within five (5) working days. After expiry of this period the Customer is deemed to have accepted the Products.
  • If it is established that the Products do not comply with the Agreement, Tony's Chocolonely has the option to replace the Products in question by new Products, after the Products in question have been returned and receipt thereof, or to refund the invoice amount. In the event that a Product does not comply with the Agreement, the Customer must return the Product to Tony's Chocolonely within eight (8) calendar days of delivery. Return shipments are only accepted if the Product is (in the original packaging and) undamaged. Return shipments must be properly packaged. Any shipping costs for returns are to be borne by the Customer. In the event that any Products delivered were demonstrably damaged or faulty, the shipping costs for returns are to be borne by Tony's Chocolonely.
  • We will not take delivery of Products that are returned carriage forward and this will not affect the period referred to in article 5.2.
  • Tony’s Chocolonely excludes any liability for indirect and consequential loss, with the exception of the provisions of article 8.2. If and insofar as Tony’s Chocolonely is obliged to compensate for damage and has not replaced the Products, Tony’s Chocolonely’s total liability due to attributable failure to perform the Agreement or on any other basis, is limited to the direct damage to a maximum total amount of the specific order, possibly increased by the amount per store that on the basis of article 8.2 qualifies for compensation in case of a recall action. In no event shall Tony’s Chocolonely’s total liability for damage, on any basis whatsoever, exceed the amount paid in the relevant case by the insurer on the basis of the liability insurance taken out by Tony’s Chocolonely, plus the amount of the excess that in the relevant case, based on the conditions of the insurance in question, shall be borne by Tony’s Chocolonely.


6. Payment 

  •   In case of payment in advance, the Customers must pay the price and any other amounts due under the Agreement, in advance by means of the digital payment methods available in the Webshop.
  • Customers with a payment condition of fourteen (14) calendar days will receive a digital invoice that must be paid within fourteen (14) calendar days.


7. Packaging and wraps

  • Tony’s Chocolonely devotes great attention to the packaging of its Products. The wrappers contain essential information about, inter alia, nutritional value, ingredients and allergens. The Customer is under no circumstance allowed to remove the packaging from Products, or to replace or adjust wraps or to render them unreadable in any way whatsoever (in whole or in part). If the Customer acts in violation of article 7, the Customer is liable for any damage incurred by Tony’s Chocolonely and the Customer indemnifies Tony’s Chocolonely against any claims by third parties in this respect. In addition, any liability of Tony’s Chocolonely towards the Customer will completely cease to exist in such a case.
  • Tony's Chocolonely adhers the legal requirements for the product that apply in the Netherlands, for example with regard to labeling and composition. The product is therefore only intended for sale in the Netherlands. Do you want to sell Tony's Chocolonely products in another country? Please contact us at: mailme@tonyschocolonely.com


8. Product recall 

  • Tony’s Chocolonely has the right to recall Products for its own reasons. The Customer shall at all times cooperate with such a Product recall and comply with all reasonable instructions from Tony’s Chocolonely.
  • In the event that Tony’s Chocolonely is liable for a product recall and this recall has not been caused by acts or omissions of the Customer, Tony’s Chocolonely’s liability will be limited to the purchase value of the recalled Products plus a maximum of EUR 25 (twenty-five euro) per store involved in the product recall. If the costs per store are lower than the aforementioned amount, this amount will be considered the maximum amount. In this case, the Customer must demonstrate the costs per store.


9. Retention of Title

The Products delivered by Tony's Chocolonely to a Customer will remain the property of Tony's Chocolonely until all claims of Tony's Chocolonely against the Customer have been paid in full. The risk in the Products will pass at the time of delivery.


10. Intellectual property rights

The word mark TONY’S CHOCOLONELY and all other marks and images of Tony’s Chocolonely are protected under national and international laws and treaties for the protection of intellectual property. It is not permitted without prior permission from Tony’s Chocolonely to reproduce these marks and copyrighted images and/or to make them public.


11. Communication


Tony's Chocolonely is not liable for incorrect or delayed transmission of order details and communications as a result of the use of the internet or any other means of communication in the transactions between the Customer and Tony's Chocolonely, or between Tony's Chocolonely and third parties, insofar as they relate to the relationship between the Customer and Tony's Chocolonely.

12. Force majeure


Without prejudice to its other rights, in the event of force majeure Tony's Chocolonely has the right, at its own discretion, to suspend the execution of an order or to terminate the Agreement after 30 (thirty) calendar days, without judicial intervention, by informing the Customer in writing and without Tony's Chocolonely being obliged to compensate for any damage.

13. Exclusion of precedent effect


In the event that Tony's Chocolonely has allowed deviations from these Terms and Conditions for a short or longer period of time, whether or not tacitly, this does not affect its right to demand immediate and strict compliance with these Terms and Conditions. The Customer can never exercise any right based on the fact that Tony's Chocolonely applies these Terms and Conditions flexibly.

14. Applicable law


The agreements concluded between Tony's Chocolonely and the Customer shall be exclusively governed by Dutch law. To the extent applicable, the applicability of the Vienna Sales Convention is excluded. Any disputes between the Parties will exclusively be submitted to the competent Court in Amsterdam.

15. Miscellaneous


These Terms and Conditions consist of 15 articles.

Tony’s Chocolonely Nederland B.V.
Polonceaukade 20
1014DA Amsterdam
Netherlands

Telephone:+31 20 2051 200
Email:  mailme@tonyschocolonely.com

VAT: NL854138079B01
CoC: 60962704

Rabobank Amstelveen
IBAN: NL44RABO0131759892
BIC: RABONL2U

FLO ID: 18566
SKAL: 027729


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