Terms & conditions and right of withdrawal

As of: October 2026

1. Scope and contracting parties

These Terms and Conditions apply to all orders in the Zeremonie Kakao online shop. The contracting party is:

Jochen Petz
Kautzener Straße 4, 3861 Eggern, Austria
Email: kakao@jochenpetz.at

A consumer is anyone who does not make the purchase for a business (§ 1 KSchG). Special provisions in section 11 apply for business customers. Customer terms that deviate from these only apply if we expressly agree to them.

2. Conclusion of contract

The presentation of products in the shop is not a binding offer, but an invitation to order. By submitting your order, you make a binding offer. The contract comes into being as soon as we send you the order confirmation by email. The language of the contract is German. We store the contract text; you receive it with the order confirmation and invoice by email.

3. Prices and shipping costs

All prices are final prices in euros. Due to the small business exemption (§ 6 para. 1 no. 27 UStG), no sales tax is charged or displayed. Shipping costs are added to the goods value and depend on the weight and destination country. These are displayed in the basket and before you submit your order. Subscription deliveries are free of shipping costs. For collection in Eggern (by arrangement), no shipping costs apply.

4. Payment

Payment is made by bank transfer in advance. You will receive the bank details and payment reference with the order confirmation. The amount must be transferred within 7 days. If no payment is received within 14 days, we may cancel the order and release the goods again.

5. Delivery

We deliver to Austria and to the countries of the European Union. Shipping takes place after payment is received, usually within 3 to 5 working days. As soon as the package is on its way, you'll receive a shipping confirmation with a tracking number. If a product is exceptionally not available, we'll inform you immediately and refund any payments already made.

Until full payment is made, the goods remain our property.

6. Vouchers and discount promotions

Voucher codes are entered in the basket and deducted from the goods value (not from shipping costs). One voucher can be redeemed per order. Each voucher is subject to the conditions communicated (for example, validity period, minimum order value, first order only, once per customer). Cash redemption or subsequent crediting is not possible. If an order is cancelled, the voucher is released again.

Cacao subscription vouchers. A cacao subscription voucher entitles you to a cacao subscription with the quantity and duration specified on the voucher; shipping is included. The voucher code and the voucher as a PDF will be sent to you by email after payment is received. It is redeemed on our website under "Redeem voucher": the person redeeming selects the variety (unless specified) and provides their delivery address; the subscription then begins, no further payment is required. The voucher is transferable, can be redeemed 3 years from purchase and can only be redeemed once. Cash redemption is not possible. The provisions in section 7 apply to the redeemed subscription. The right of withdrawal for the purchase of the voucher belongs to the purchaser as long as the voucher has not been redeemed.

7. Cacao subscription

7.1 Performance. With your cacao subscription, you'll receive your chosen quantity of your selected cacao variety once a month for the duration of your subscription term. We deliver the subscription to Austria and Germany. Shipping within Austria is free of charge; for deliveries to Germany, shipping costs of 10,00 € per month apply, which are included in the total amount. Deliveries are dispatched on the 5th of each month.

7.2 Duration. The minimum duration is 6 months. You choose the duration when placing your order; it corresponds to the number of deliveries. The subscription ends automatically after the last delivery – it does not automatically renew and no cancellation is necessary. An extension is only possible through a new order.

7.3 Payment in advance. The total amount for the entire term (monthly amount × number of months) must be paid once in advance by bank transfer. The subscription starts as soon as the payment is received; the first delivery will follow shortly after. The price remains unchanged for the entire duration.

7.4 Changes and pause. Using the personal link in your subscription confirmation, you can change your delivery address, switch to a different variety within the same price category, and pause your subscription. During a pause, no deliveries will be sent; your outstanding deliveries will be retained and delivered after you resume. Quantity and duration can only be changed after contract completion by mutual agreement with us.

7.5 Early termination. Because the subscription is concluded for a fixed term and paid in advance, regular termination during the term is not permitted. Your statutory right of withdrawal (point 8) and your right to terminate for important reasons remain unaffected; mandatory termination rights for consumers under § 15 KSchG for terms exceeding one year likewise remain unaffected. If the subscription ends early, we will refund the amount for deliveries not yet sent.

7.6 Availability. If your chosen variety is unavailable at any time, we will inform you and offer you an equivalent variety or a later delivery. If neither option suits you, we will refund the amount for the affected delivery.

8. Right of withdrawal for consumers

Withdrawal notice. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not a carrier, take possession of the goods. For an order with multiple partial deliveries, the period begins with receipt of the last partial delivery. For a cacao subscription (regular delivery over a fixed period), the period begins with receipt of the first delivery.

To exercise your right of withdrawal, you must inform us (Jochen Petz, Kautzener Straße 4, 3861 Eggern, Austria, email: kakao@jochenpetz.at) of your decision to withdraw from this contract by means of a clear statement (for example by email or letter). You may use the sample withdrawal form below for this purpose, but you are not required to do so. To meet the withdrawal deadline, it is sufficient for you to send your notification before the withdrawal period expires.

Consequences of withdrawal. If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs incurred because you have chosen a different delivery method from the cheapest standard delivery offered by us), immediately and no later than within fourteen days from the day on which your notice is received by us. For the refund, we will use the same payment method as was used for the original payment (bank transfer), unless something else has been expressly agreed; no charges will be made to you for this. We may refuse the refund until we have received the goods back or until you have provided proof that you have sent them back – whichever is earlier.

You must return the goods to us immediately and no later than within fourteen days from the day on which you inform us of the withdrawal. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if it is due to handling that was not necessary for checking the condition, properties and functioning of the goods. When withdrawing from a cacao subscription, we will refund the prepaid amount; any deliveries already received must be returned.

Exceptions. There is no right of withdrawal for goods delivered sealed and unsuitable for return for reasons of health protection or hygiene if the seal is removed after delivery (§ 18 para. 1 no. 5 FAGG). This applies in particular to cacao and other food products whose packaging has been opened.

No returns or exchanges beyond this. Beyond your statutory right of withdrawal, we do not accept returns or exchanges of purchased items. Opened or partly used food products are excluded from return in all cases. Your statutory rights regarding defective goods remain unaffected.

Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back.)

To Jochen Petz, Kautzener Straße 4, 3861 Eggern, Austria, email: kakao@jochenpetz.at
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Date and signature (only if notification is on paper):
(*) Delete as applicable.

9. Warranty and product information

Statutory warranty provisions apply. Please check your delivery upon receipt and report any transport damage or defects to us as soon as possible by e-mail, preferably with a photo – this helps us clarify matters and your statutory rights remain unaffected.

Ceremonial cacao is a food product and not a medicine. Information about effects and use in the shop is based on experience and does not replace medical advice. Please note the storage and shelf-life information on the packaging. Natural products may vary slightly in colour, shape and taste.

10. Liability

We are liable for damages we have caused intentionally or through gross negligence, as well as for personal injury. We are not liable for other damages caused by slight negligence. Claims under the product liability law remain unaffected.

11. Wholesale customers and businesses

The wholesale customer section is available after registration and activation by us. The current wholesale price of 50,00 € per kg ceremonial cacao applies from a minimum quantity of 6 kg per order. Businesses have no right of withdrawal; the warranty period is twelve months, and defects must be reported immediately upon receipt. For businesses, the place of jurisdiction is the competent court at our registered office.

12. Cacao Partner Programme

The referral programme is subject to the terms described on the "Become a cacao partner" page in their current version. Rewards are only earned once the conditions stated there are met and the relevant orders have been paid. Cancelled or revoked orders do not count. We may change or end the programme in future; rewards already earned remain valid. Partners may only contact people they know personally.

13. Cacao Ceremonies Calendar

Approved cacao ceremony leaders enter their events themselves in the calendar. The organiser and contracting party for participation is exclusively the respective cacao ceremony leader. We assume no liability for the content, execution, cancellation or costs of these events.

14. Data Protection

You can find information about how we process your data in our Privacy Policy.

15. Dispute Resolution and Applicable Law

If something doesn't work, please write to us first – we'll find a solution together. In the event of disputes arising from online purchases, consumers can also contact the Internet Ombudsman (www.ombudsstelle.at). We are not obliged to participate in an out-of-court settlement procedure.

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not restrict any mandatory protective provisions of the country in which they have their habitual residence. Should any provision of these Terms and Conditions be invalid, the remaining provisions remain valid.