0

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 www.lindt.se 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 in the following ways:

Address: Lindt & Sprüngli Nordic AB, Box 3048, 16903 Solna

Telephone: +46 854614000

Telefax: +46 854614044
or e-mail: eshop-se@lindt.com

  1. 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.


  1. This Section 1(3) only applies if you are not a consumer. 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.


  1. Acceptable contract languages are English, Swedish, Danish and Norwegian.


  1. You can view and print out the currently effective General Terms and Conditions on our website at www.lindt.se. 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.


  1. 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.


  1. 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.


  1. A purchase contract for the products (a Contract) 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.


  1. 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 a requested delivery date (if any) 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 Greeting cards

  1. 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

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

  2. 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. Payments are handled by a third party service provider Klarna AB. For terms and conditions regarding payment, and a description of how the payments are handled, we refer to Klarna AB’s terms and conditions available at www.klarna.se


  1. [Standard acceptable payment methods are:

Credit card (such as MasterCard and Visa);

Debit card (such as Debit MasterCard, Visa Debit, Maestro, Visa Electron).

  1. When paying by credit or debit card, the purchase price will be charged by Klarna AB to your credit or debit card account upon completion of your order.

Section 6 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 only within Sweden.


  1. Upon 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.

  2. 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 five working days or what otherwise constitutes a reasonable delivery period, given the nature of the individual order, from the order acknowledgement. The nature of your order will influence the required delivery period, where large, customized or individualized orders will influence the delivery date and what constitutes delivery within a reasonable period.

  3. This Section 6(5) only applies if you are a consumer. As a consumer, we are under a legal duty to deliver in accordance with agreed delivery times. As a consumer, you have mandatory legal rights in relation to products that are delivered to late. These legal rights are not affected by these General Terms and Conditions (see further under Section 12). Advice about your legal rights is available from your local consumer agency (see further under Section 12). To make a complaint that a product has been delivered to late you must notify us within reasonable time from when you received notice of the delivery.

  4. Deliveries may be delayed due to high outside temperatures which may affect the quality of our products during shipping. When placing your order, you agree that we will send the products only once the temperature has dropped sufficiently for the products not to be affected during shipping.


  1. 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 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 7 Retention of title

  1. This Section 7(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 7(2) applies if you are not a consumer. We shall retain title to the products until the purchase price has been paid in full and all receivables from the current business relationship have been completely paid.

Section 8 Information about your right of cancellation, how to make a complaint and cancellation form

  1. Right to cancellation without reason does not apply to any delivery of products under this Contract. Since orders under this Contract concerns delivery of products which are liable to deteriorate or expire rapidly and/or made to your specification or which are clearly personalised cancellations without reason are not accepted. This applies equally whether you are a consumer or not a consumer.

If you are a consumer the legal basis is that you have, within certain time frames and other limitations, a right by law to cancel a contract entered online, without reason. However certain contract types are excluded from this right of cancellation without reason, including, inter alia contracts:

a) - 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.

b) - which are made to your specification or which are clearly personalised.

The products delivered under this contract fulfils the criteria described in a) and/or b) above, why there is no right to cancellation without reason whether you are a consumer or not a consumer.

  1. Right to cancellation with reason still applies in accordance with the terms of the Contract, these General Terms and Conditions and, (especially if you are a consumer), mandatory law. In case of cancellations, you may use the attached model cancellation form, but it is not obligatory.


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:


- reason for cancellation:


- 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. To make a complaint contact us at,


Company: Lindt & Sprungli (Nordic) AB

Address: Box 3048, 169 03 Solna

Phone number: +46 854614000

E-mail: eshop-se@lindt.com

Fax: +46 854614044

If you will send back any products these should be sent to the address above.


Section 9 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.


  1. 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. You may use the attached model cancellation form, but it is not obligatory

Section 10 Defective Products

  1. This Section 10(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 mandatory legal rights in relation to products that are faulty or not as described. These legal rights are not affected by these General Terms and Conditions (see further under Section 12). Advice about your legal rights is available from your local consumer agency (see further under Section 12). To make a complaint that a product is defective you must notify us within reasonable time from when you noticed, or ought to have noticed the deficiency.


  1. This Section 10(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 2 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 10(2) does not apply to any defect in the products arising from: fair wear and tear; wilful damage, abnormal storage or conditions, accident, negligence by you or by any third party; if you fail to store, or use the products in accordance with the instructions; any alteration or repair by you or by a third party who is not one of our authorised repairers.

Section 11 Liability if you are not a consumer

  1. This Section 11 only applies if you are not a consumer. We only supply the products purchased under this Contract for internal use by your business, and you agree not to use such products for any resale purposes.


  1. 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).


  1. Nothing in these General Terms and Conditions limits or excludes our liability for

- fraud or fraudulent misrepresentation;

- responsibility for defective products under applicable mandatory product legislation.

  1. Subject to Section 11(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 12 Liability if you are a consumer

  1. This Section 12 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).

  1. Unless prohibited by law, 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).


  1. Nothing in these General Terms and Conditions limits or excludes our liability for:

- fraud or fraudulent misrepresentation;

- responsibility for delayed deliveries or defective products under applicable mandatory product and consumer protective legislation.

  1. If you are acting as a consumer, you may have certain mandatory legal rights regarding claims in respect of our negligence or failure to carry out our obligations under the Contract, not possible to waive by way of contract (including under certain conditions inter alia, right to cancellation, damages, repair). 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 consumer agency. For consumers located in Sweden advice about your legal rights as a consumer is available from the Swedish Consumer Agency (http://www.konsumentverket.se/), and its suborganisations: Hallå Konsument! (http://www.hallakonsument.se/), and for questions on purchasing goods and services cross-border within the EU, ECC Sweden (http://www.konsumenteuropa.se/).

Section 13 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.


  1. 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.


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


  1. 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.


  1. You and we agree that any Contract is governed by the laws of Sweden and that 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 of Sweden.


  1. If you are a consumer resident within Sweden, dispute between you and us arising out of or in connection with any Contract may also be tried by the Swedish Consumer Agency (Konsumentombudsmannen “KO”) the National Board for Consumer Disputes (Allmänna Reklamationsnämden, “ARN“). For further details on whether KO or ARN will try any particular dispute under the Contract visit their respective webpages (http://www.konsumentverket.se/Other-languages/Svenska/Gor-en-anmalan/) and (http://www.arn.se/info-konsument/innandu-anmaler/kanarn-prova-tvisten/).


  1. 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 2015-11-17.