Terms of Use

Section 1

Scope and regulatory extent of the Terms of Use

(1)         These Terms of Use apply to the online services offered by Lindt & Sprüngli [Top Floor, 4 New Square, Feltham, Middlesex, United Kingdom TW14 8HA. (hereinafter: Lindt) which are available at www.lindt.co.uk (hereinafter: Website). The Website is a site via which the online shop of Lindt can be accessed and on which the user can create profiles to administer his contact details and exchange views with other users (e.g. regarding recipes) (hereinafter: Community). These Terms of Use govern the free-of-charge use of the Community by registered users (hereinafter: User). The General Terms and Conditions available on the Website at www.lindt.co.uk/help/terms-and-conditions/ apply to the purchase of Lindt products via the online shop.

Section 2

Conclusive of contract

(1)         A licence agreement with Lindt is concluded by completing the online registration process and creating a profile.

(2)         Access to the Community requires the creation of a profile and a user account. This consists of the e-mail address and a password ("Login Data"). To create a user account, the User must provide a current e-mail address. That e-mail address is at the same time used for communication with Lindt.

(3)         The User warrants that the data ("Profile Data") used to create his profile such as first name and last name are correct and complete. It is not admissible to use pseudonyms.

(4)         The only contract language is English.

Section 3

Use of the profile

(1)         When using the Community, the User can use various services, e.g. save and edit contact data for his next purchase, edit his shipping and billing address, view the status of orders placed or publish his own content, such as recipes, within the Website and, to this end, upload text, images etc. and comment on recipes or other contents posted by other Users.

(2)         Lindt is entitled to block access to individual content at any time, e.g. when it is suspected that any content violates existing law or infringes a right of a third party.

(3)         The User cannot claim that any individual functionality of the Community will be upheld. Lindt will strive to ensure trouble-free operation of the Website and the Community. Naturally, however, this is limited to services which Lindt can influence.

(4)         Lindt is free to restrict access to the Website or the Community in whole or in part, temporarily or permanently, due to maintenance work, for capacity reasons or due to other events outside its control.

Section 4

User’s duty to cooperate: posting of content

(1)         The User undertakes to comply with applicable law (e.g. criminal law, competition law and laws for the protection of children and the youth) and not to infringe any right of a third party (e.g. rights to names, trademark rights, copyrights and data privacy rights) when he creates and uses his own contents.

(2)         The User warrants to Lindt that any content posted on the Website will neither violate existing law nor offend public decency, neither due to its content nor due to its form. The same applies for any external links established. In particular, it is not permitted to distribute content which represents, concerns or includes

-     racism;

-     glorification of violence and extremism of any kind whatsoever;

-     calling for and/or inciting offences or contravention of any law, threats against life and limb or property;

-     agitation against any person or company;

-     remarks that injure persons, libel, insult or slander against Users or third parties as well as violation of any unfair competition law;

-     contents infringing any copyright or any other infringement of intellectual property rights;

-     sexual harassment of a User or a third party;

-     pornography;

-     offensive, sexist, obscene, vulgar, abominable or disgusting materials or manners of expression;

-     Religious proselytising.

Section 5

Other duties of the User of cooperate

(1)         Without the express permission of Lindt, the User must not use the Website for any purpose other than private purposes and not do any advertising for himself or any third party.

(2)         Should any content include a hyperlink to a third-party web page, the User shall ensure he is authorised to use the hyperlink and that the web page linked ("Landing Page") is consistent with all applicable laws and third-party rights as defined in Section 5 Paragraph 1 hereof.

(3)         The User is obligated to handle the Login Data carefully. Without exception, the User is prohibited from disclosing the Login Data to any third party or to enable any third party access to the profile by circumventing the Login Data.

(4)         The User is obligated to refrain from any activity which is suitable to impair and/or overly burden operation of the Website or the underlying technical infrastructure. This in particular includes:

-     the use of software, scripts or databases in connection with the use of the Website;

-     any blocking, overwriting, modification and/or copying of data and/or other contents;

except where this is necessary to use the Website as intended.

(5)         Should any disturbance occur when using the Website or any of its functionalities, the User shall without delay inform Lindt of the disturbance. The same goes where the User learns of any contents published by a third party which obviously contravene the principles of conduct set forth in Section 4 of these Terms of Use.

Section 5

Rights of use

(1)         The User grants Lindt an irrevocable, non-exclusive, free-of-charge right, unrestricted with regard to scope, time and space and transferrable to third parties to use the contents posted. Lindt shall at any time be entitled to use, edit and exploit the contents. This in particular includes the right of reproduction, the right of distribution and the right to communication to the public, in particular the right of making available to the public. The User waives his right to be named as the originator.

(2)         Lindt holds any and all rights to the contents of the Website. The User is prohibited from reproducing, distributing and/or publishing any content provided on the Website by Lindt, other Users or any third party.

Section 6

Liability

(1)         Unlimited liability: Lindt shall be liable without limitation in any case of wilful intent or gross negligence. In the event of ordinary negligence, Lindt shall be liable for any damage caused by injury to the life, body or health of any person.

(2)         Apart from that, the following limited liability provision applies: In the event of ordinary negligence, Lindt shall be liable only for any breach of a material contractual obligation fulfilment of which makes proper performance of the contract possible in the first place and fulfilment of which the User may typically rely on (cardinal duty). As regards its amount, liability for ordinary negligence is limited to the damage typical for the contract foreseeable at the time the contract was concluded. This limitation of liability shall likewise apply for the benefit of the vicarious agents of Lindt.

Section 7

Indemnification

The User shall indemnify and hold harmless Lindt and its employees or representatives from and against any and all claims being asserted based on an alleged or actual violation of a law or infringement of a third-party right by any action by the User taken in connection with the use of the Website or the Community. Moreover, the User undertakes to reimburse any and all costs which Lindt incurs due to any such claim asserted by a third party. The costs to be reimbursed also include the costs incurred for reasonable legal defence.

Section 8

Terms of the contract/notice of termination

(1)         The contract shall run for an indefinite period and can be terminated without notice by either party to it at any time and without stating a reason.

(2)         In addition to this, each party's right to terminate the contractual relationship without notice for an important reason shall not be affected.

(3)         On the part of Lindt, an important reason for terminating this contract shall be if the customer persistently breaches his obligations under Section 4 and Section 5 of these Terms of Use.

(4)         At its own discretion, Lindt may, instead of giving notice of termination, also order that access by the User be blocked or deleted for an indefinite period of time. Lindt may in particular block/delete access by the User if the User has not used the Login Data for a period of not less than one year, if there is any doubt as to the authenticity of the User's profile or if the e-mail address provided by the User cannot be contacted.

(5)         The consequence of termination is that the User can no longer access the Community with its functions. In the event of termination, Lindt will delete the profile data about the User within a reasonable period of time. This does not apply to any content the User may have created and posted within the portal during the term of the contract. Section 5(1) of these Terms of Use shall not be affected by the termination.

Section 9

Final provisions

(1)         Should these Terms of Use contain any provision which is ineffective, this shall not affect the validity of the remaining provisions of these Terms of Use.

(2)         Any service provided by Lindt is provided exclusively on the basis of these Terms of Use.

(3)         The usage relationship shall be governed exclusively by the law of England and Wales

(4)         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.