Terms and Conditions

Section 1 Scope and provider

 

(1)         These General Terms and Conditions apply to all your purchase orders placed at the online shop of Lindt & Sprungli, Top Floor, 4 New Square, Feltham, Middlesex, United Kingdom and any contract between you and us for the sale of products to you from our online shop (Contract). Please read these General Terms and Conditions carefully and make sure that you understand them, before ordering any products from our online shop. Please note that before placing an order you will be asked to agree to these General Terms and Conditions. If you refuse to accept these General Terms and Conditions, you will not be able to order any products from our online shop. 

You can contact us online by clicking here.

(2)         The products offered in our online shop are only available for purchase by persons who are 18 years or older. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.  A consumer is defined as an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession.

 

(3)         This Section 1(3) only applies if you are a business.   We provide our deliveries, services and offers and enter into any Contract exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions apply also to all future Contracts even if they are not explicitly agreed again. These General Terms and Conditions and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.  You acknowledge that in entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these General Terms and Conditions or any document expressly referred to in them.

 

(4)         The sole contract language shall be English.

 

(5)         Conclusion of the Contract will be documented and stored at our location. Upon conclusion of the Contract, the text of the Contract will not be filed at our location and will therefore not be accessible by you.

 

Section 2 Conclusion of contract

 

(1)         Presentation of products in our online shop shall not represent a binding offer by us to conclude a purchase contract.

 

(2)         After you have placed products into the "shopping cart", you can check and, if necessary, correct your entire order. You will make an  offer of purchase only by clicking the "Order with obligation to pay" or similar button.

 

(3)         Upon receipt of the offer of purchase, you will receive an automatically generated e-mail in which we acknowledge receipt of your order (acknowledgement of receipt). The acknowledgement of receipt does not mean acceptance of your offer of purchase. A contract is not concluded by sending the acknowledgement of receipt.

 

(4)         A purchase contract for the products shall be concluded only when we expressly declare acceptance of the offer of purchase or when we ship the products to you without an express prior declaration of acceptance.

 

(5)         Please note the minimum order value for delivery of products which is [£10] in each case. 

 

(6)         If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our online shop, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.

 

 

Section 3 Coupons, greeting cards

 

(1)         You can purchase online coupons from us. We will send coupons by e-mail to the address indicated by you and on your request directly to another recipient with your compliments. Online coupons can be used immediately. Following entry of the coupon code, the recipient is authorised to purchase products up to the amount of the coupon value indicated from the online shop specified on the coupon. Should the purchase amount exceed the value of the coupon redeemed, the purchaser must pay the difference. Coupons expire 3 years after being issued.

(2)         We cannot be held liable if you incorrectly specify the recipient of a coupon. As soon as you realise that you have specified a wrong recipient, we can deactivate the coupon code if the coupon has not yet been redeemed. In such a case, we will also issue a new coupon to you for the recipient you specify. 

(3)         The minimum order value shall not apply if you exclusively order online coupons.

(4)         Online coupons can only be used once. Should the purchase amount be less than the value of the coupon redeemed, the purchaser will not be able to retain the coupon and use any "balance" for future purchases.  The purchaser will not be entitled to any monetary refund for any balance on the coupon.

(5)         We offer to enclose a greeting card, with a text specified by you, with the delivery of the products. The text must comply with all applicable laws and must not: (i) infringe the rights of any third party (including any copyright, database right or trade mark of any third party); (ii) contain any material which is defamatory of any person; (iii) contain any material which is insulting, offensive, obscene, threatening, abusive, harassing, hateful or inflammatory; and (iv) invade another's privacy, or cause annoyance, embarrassment or alarm. We are entitled but are under no obligation, to review and verify the text.  We will determine, in our discretion, whether there has been a breach of this provision.  We may take such action as we deem appropriate and we reserve the right, at our discretion, to not enclose the greeting card. The design and layout of the greeting card will also be determined by us in our discretion.  

Section 4 Prices, shipping charges

The prices quoted on the product pages include value-added tax (where applicable) and the respective delivery charges within the United Kingdom.

It is always possible that, despite our reasonable efforts, some of the products in our online shop may be incorrectly priced. If this happens then we will not be obliged to supply the products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.

 

Section 5 Terms of payment; default

(1)         Payment can be made by:

Credit card (MasterCard and Visa); 

Debit card (Debit Master card, Visa debit, Maestro, Visa Electron)

(2)         When paying by credit or debit card, the purchase price will be charged to your credit or debit card account upon completion of your order.

(3)         Purchase on account is possible only in individual cases and for orders placed via email or the telephone.

(4)         If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

Section 6 Set-off / right of retention

This Section 6 does not apply if you are a consumer.  

(1)         You shall have a right of set-off only if your counter-claim has been become non-appealable or is not disputed by us.

(2)         You may exercise a right of retention only to the extent your counter-claim is based on the same contractual relationship.

Section 7 Delivery, delivery times, reservation of delivery

(1)         Unless otherwise agreed, the products shall be delivered from our warehouse to the address you have specified.  

(2)         Delivery is possible within the United Kingdom

(3)         On delivery of each product to you the product shall be at your risk and responsibility and you will be responsible for its safekeeping. Products ordered shall be delivered subject to availability of the products. Where products are not available for delivery at the time an order is placed, you shall be informed of the estimated delivery date. As soon as the products are available, they shall be sent to you.

(4)         For deliveries within the United Kingdom we will use reasonable endeavours to deliver the products on any specified date we agree, or if no date is specified, we will use reasonable endeavours to deliver the products within 3- 5 working days (excluding Sundays and public holidays) of the order acknowledgement. Different delivery periods apply to orders of individual bars: "You are the Maître") (10 working days) or individual packages: "Sweet regards" (14 working days).  Please see our Delivery Terms [www.lindt.co.uk/help/shipping-information/] for further information.

(5)         Should there be any risk that high outside temperatures might affect the quality of our products during shipping (possible at 23 degrees Celsius or higher), we shall inform you of possible delays in or temporary suspension of delivery when you place your order. When placing your order, you agree that we will send the products only once the temperature has dropped sufficiently. In that case, the delivery times specified in paragraph 5 above shall not apply. We shall inform you immediately when we send the products.

(6)         In the case of circumstances beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports) we may not be able to deliver the products within the timescales specified in paragraph 5 and we will not be liable for any delay or failure to deliver the products if the delay or failure is wholly or partly caused by such circumstances.

Section 8 Retention of title

(1)         This Section 8(1) only applies if you are a consumer. We shall retain title to the products until the purchase price has been paid in full.

(2)         This section 8(2) applies if you are not a consumer.

-    We shall retain title to the products until all receivables from the current business relationship have been completely paid. Any pledging or transfer by way of security prior to transfer of title to the products subject to retention of title shall not be permissible.

 -   We undertake to release on request the securities due to us to the extent to which the realisable value of our securities exceeds the receivables to be secured by more than 10%. We shall be free to select which securities shall be released.

Section 9 Information about your right of cancellation and cancellation form

If you are a consumer you have a legal right to cancel a Contract without giving any reason subject to the following provisions.

Right of cancellation

Your legal right to cancel a Contract starts from the date of our acceptance of your order (which is when the Contract between us is formed) and ends fourteen days after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products.

If your Contract is for multiple products which are delivered on separate days the cancellation period ends fourteen days after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the multiple products included in your Contract.

To exercise your right of withdrawal, you must inform us,

Company: [Lindt & Sprungli (UK) Ltd]

Address: [Top Floor, 4 New Square, Feltham, Middlesex, United Kingdom]

Phone number: [02086024100]

E-mail: [consumerservice-uk@lindt.com]

of your decision to withdraw from the Contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory

To meet the cancellation deadline, it is for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Effects of cancellation

If you cancel the Contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days after  the day on which we receive the products back or, if earlier, the day on which you supply us with evidence of having sent the products back to us. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, we will not charge you any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the products back or until you supplied evidence of having sent back the products, whichever is the earliest.

You shall send back the products or hand them over to us

[Customer Services, Lindt & Sprungli (UK) Ltd Top Floor, 4 New Square, Feltham, Middlesex, United Kingdom]

without undue delay and in any event not later than within fourteen days after the day on which you communicate your cancellation from the Contract to us. The deadline is met if you send back the products before the period of 14 days has expired.

We will bear the cost of returning the products provided they are returned in accordance with our Returns Policy.  Please see our Returns page [link] for our Returns Policy and information about how to arrange a return.

Please note we are permitted by law to either deduct from your refund or otherwise require you to pay an amount to reflect any diminished value of the products resulting from the handling of the products beyond what is necessary to establish the nature, characteristics and functioning of the products.

Model cancellation form

(complete and return this form only if you wish to withdraw from the contract)

- To [Name, address, E-mail: […], Fax:    […]

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:

- Ordered on (*) / received on (*)

- Name(s) of consumer(s):

- Address(es) of consumer(s):

- Signature(s) of consumer(s) (only if this form is notified on paper)

Date

----------

(*) Delete as appropriate.

 

(1)         The right of cancellation does not apply to any delivery of products which are made to your specification or which are clearly personalised e.g. "You are the Maître" or "Sweet regards", to any delivery of products which are liable to deteriorate or expire rapidly, to any delivery of sealed products which are not suitable for return for reasons of health protection or hygiene if their seals have been removed after delivery or to any delivery of products if they have been inseparably mixed (due to their nature) with other products after delivery.

(2)         Please avoid damage and soiling. Please return the products to us with the original packaging if possible, with all accessories and with all packaging components. If appropriate, use a protective outer packaging. If you no longer have the original packaging, please use an appropriate packaging to provide sufficient protection against damage in transit to avoid claims for compensation due to damage as a result of insufficient packaging.

(3)         Before returning any goods, please call us at […] and notify us of your return delivery. This will enable us to process your refund as quickly as possible.

(4)         Please note that the arrangements specified in the above paragraphs 2 and 3 are not a precondition to effective exercise of your right of cancellation.

Section 10 Risk of transport, Damage in transit

(1)         We bear the risk of transport until the product has been delivered to you. If products obviously damaged in transit are delivered, please notify such defects immediately to the delivery agent and please contact us as soon as possible.

(2)         Any failure to notify the delivery agent or to contact us has no consequences in respect of your legal rights. However, you agree to provide reasonable assistance to help us assert our own claims against the carrier or the transport insurance.

Section 11 Defective Products

(1)         This Section 11(1) only applies if you are a consumer.  As a consumer, we are under a legal duty to supply products that are in conformity with the Contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of cancellation and refund in Section 9 or anything else in these General Terms and Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.  

YOUR CONSUMER RIGHTS ARE NOT AFFECTED

(2)         This Section 11(2) only applies if you are not a consumer. If you are not a consumer we provide a warranty that on delivery and for a period of [12] months from delivery the products shall be of [satisfactory quality and free from material defects] subject to the conditions set out below:

-    You must inspect the products forthwith and in the case of a defect that is apparent on normal visual inspection notify us within 7 days of receipt of the products, or, in the case of a latent defect, within 7 days of the latent defect having become apparent. To meet the deadline, it shall be sufficient to dispatch your notice before expiry of the deadline. If you fail to give notification of any defects in accordance with the timescales set out above you shall be deemed to have accepted such products.

-    In the event of any defect notified to us within the timescales set out above, we shall at our option repair or replace the defective products or repay the price of the defective products in full and we shall have no further liability to you in respect of any such defects.

-    The warranty in this Section 11(2) does not apply to any defect in the products arising from: fair wear and tear; wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; if you fail to operate or use the products in accordance with the user instructions; any alteration or repair by you or by a third party who is not one of our authorised repairers.

Section 12 Liability if you are a business

(1)         This Section 12 only applies if you are not a consumer.  We only supply the Products for internal use by your business, and you agree not to use the Products for any resale purposes.

(2)         We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to products supplied or delivered under any Contract, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

(3)         Nothing in these General Terms and Conditions limits or excludes our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

defective products under the Consumer Protection Act 1987.

(4)         Subject to Section 12(2) we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

any loss of profits, sales, business, income or revenue;

loss of savings;

business interruption;

loss of use or production;

loss caused by delay or other late performance;

loss of business opportunity;

loss of anticipated savings;

loss of goodwill; or

any indirect or consequential loss.

Section 13 Liability if you are a consumer

(1)         This Section 13(1) only applies if you are a consumer.  If you are acting as a consumer in your ordering and/or purchasing of products, to the extent not prohibited by law, we accept no liability for any:

loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement);

loss which arises when we are not at fault or in breach of the Contract; and

business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).

(2)         We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to products supplied or delivered under any Contract, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

(3)         Nothing in these General Terms and Conditions limits or excludes our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

defective products under the Consumer Protection Act 1987.

(4)         If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in these General terms and Conditions is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.

Section 14 Other provisions

(1)         Should any of the provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.

(2)         No person other than you and us shall have any rights to enforce any Contract, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

(3)         If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

(4)         You may not assign or transfer your rights or obligations under any Contract, unless we agree in writing.

(5)         Please ensure that you check the list of ingredients for each product you wish to buy on the nutritional information page of the website if you have any food allergies or intolerances to for example nuts or milk before making your purchase.

(6)         Subject to Section 14(3), you and we agree that any Contract is governed by the law of England and Wales and that any dispute between you and us arising out of or in connection with any Contract (including non-contractual disputes or claims) will only be dealt with by the courts of England and Wales.

(7)         If you are a consumer resident in a part of the United Kingdom other than England and Wales, any dispute between you and us arising out of or in connection with any Contract (including non-contractual disputes or claims) will be dealt with by the courts located there.).

(8)         We may update, vary and amend these General Terms and Conditions from time to time without prior notice. Each time you order or otherwise purchase a product from us, the General Terms and Conditions in force at that time will apply (as set out on our online shop). Please check to ensure that you understand which General Terms and Conditions apply. These General Terms and Conditions were last updated on 13th November 2014.