Terms & Conditions
In case of divergence between the language versions, the Swedish version shall prevail.
Section 1 Scope and provider
1.1 Lindt & Sprüngli (Nordic) AB, org. nr 556668–2067 (”Lindt”) Telegrafgatan 6A, 169 72, Solna, Sweden conducts sales of chocolate products online via its website lindt.se (“Internet store”) to both consumers (“Consumer”) and businesses (“Business”). A consumer is defined as a natural person who shops mainly for purposes that fall outside of business activities.
1.2 These general terms and conditions apply to all orders placed in the Internet store and to all agreements between you and Lindt that relate to the sale of products to you from Lindt's Internet store (the "Agreement"). Before completing an order, you will be asked to accept these general terms and conditions. Please, therefore, read the terms carefully before ordering any products from the online store. If you do not accept the general conditions before ordering, you will not be able to order any products from the Internet store.
You can contact us online by clicking here.
1.3 These general terms and conditions are valid at all times as they are written and may change without you as a Business/Consumer being notified in advance. It is your responsibility as a Business to keep up to date with the latest version of these terms and conditions. It is the version of the terms and conditions in effect at the time of your order that applies to the Agreement. These terms and conditions were last updated on [2022-08-24]. In cases where these general terms and conditions differ depending on whether you act as a consumer or as a “Business”, they will be indicated separately.
1.4 By accepting these general terms and conditions, you certify that you are 18 years of age or older and have the legal capacity to enter into a contract. If you are buying for a Business you confirm that you are authorized to enter into contracts for the company/association for which you purchase products in the Internet store, by accepting these general terms and conditions.
1.5 It shall not affect the validity of the other provisions in these general terms and conditions, should one or some parts of these general terms and conditions be or become invalid or impossible to implement in whole or in part.
1.6 This clause (1.6) is only applicable to Businesses. Lindt provides its deliveries, services and offers, and enters into agreements exclusively on the basis of these general terms and conditions. These general terms and conditions apply to all future agreements between you and Lindt, even if not expressly accepted by you again. These General Terms and Conditions and all documents expressly referred to in them constitute the entire agreement between you and Lindt and supersede and invalidate all prior agreements, promises, assurances, guarantees, representations, and understandings between you and Lindt, whether written or oral, and the like. By entering into a purchase agreement with Lindt, you acknowledge that you cannot rely on any statement, representation, assurance, or warranty (whether negligently made) that is not set out in these terms and conditions or in any document to which these terms and conditions refer.
1.7 The conclusion of the agreement will be documented and stored on our premises. The agreement will not be available to you on our premises.
Section 2 Conclusion of contract
2.1 The agreement is concluded in Swedish.
2.2 Presentation of products in our online shop shall not represent a binding offer by us to conclude a purchase contract.
2.3 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 a similar button.
2.4 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.
2.5 After you have placed an order in the Internet store, you will also receive a confirmation of your purchase via email (order confirmation) with information about which goods you purchased and at what price. It is the price stated in the order confirmation that applies to your purchase.
2.6 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.
2.7 Please note the minimum order value for delivery of products which is [SEK 100] in each case
2.8 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 or due to an order quantity exceeding the stated maximum quantity per customer, 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 Prices and shipping charges
3.1 The prices quoted on the product pages include value-added tax (where applicable) for Sweden. The respective delivery charges will be displayed in the shopping chart.
3.2 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 endeavor 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 4 Terms of payment; default
4.1 Payment can be made by:
Credit card (MasterCard and Visa);
Debit card (Debit Master card, Visa debit, Maestro, Visa Electron)
Klarna
Swish
4.2 When paying by credit or with debit card, the purchase price will be charged to your credit or debit card account upon completion of your order.
4.3 This clause (4.3) is only applicable to consumers. If you have chosen to pay by invoice and have not paid the invoice by the due date, Lindt will charge a reminder fee of SEK 60, as well as an invoicing fee of SEK 45 for paper invoices.
If you have not paid for your purchase by the due date of the invoice, Lindt may also request compensation from you in the form of late payment interest at 8% of the due amount per calendar year. This interest shall run on a daily basis from the due date until the day when full payment of the due debt takes place. The interest must be paid together with the overdue amount
4.4 This clause (4.4) is only applicable if you are a Business. If you have not paid for your purchase by the due date of the claim, Lindt may request compensation from you in the form of late payment interest at 8% of the due amount per calendar year. This interest shall run on a daily basis from the due date until the day when full payment of the due debt takes place. The interest must be paid together with the overdue amount.
Section 5 Delivery, delivery times,
5.1 Unless otherwise agreed, the products shall be delivered from our warehouse to the address you have specified.
5.2 Delivery is possible within Sweden
5.3 On delivery of each product to you the product shall be at your risk and responsibility, and you will be responsible for its safekeeping.
5.4 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.
5.5 For deliveries within Sweden we will use reasonable endeavors to deliver the products within 3- 5 working days (excluding Sundays and public holidays) of the order acknowledgment. For individualized or custom-made products the delivery time is 10 – 14 working days. Please see our Delivery Terms [www.lindt.se/en/help/delivery-information-sweden/] for further information.
5.6 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.
5.7 In the case of circumstances beyond our reasonable control (so-called “force majeure”) 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.
Lindt is also not responsible for any subcontractor's delayed or canceled deliveries if the subcontractor's inability to deliver in accordance with the agreement is wholly or partly due to such an event. Such events may include but are not limited to: accidents, extreme weather, fire, explosions, floods, earthquakes, natural disasters, failure of telecommunications networks, inability to use transport networks, terrorist attacks, war, civil commotion, riots, strikes, lockouts and other industrial disputes, government decisions and the imposition of restrictions on imports or exports.
Section 6 Risk of transport, Damage in transit
6.1 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.
6.2 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 7 Retention of title
7.1 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.
7.2 This section (7.2) applies if you are a Business
- 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 realizable 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 8 Set-off / right of retention
This Section 8 does not apply if you are a consumer.
8.1 You shall have a right of set-off only if your counterclaim has been become non-appealable or is not disputed by us.
8.2 You may exercise a right of retention only to the extent your counterclaim is based on the same contractual relationship.
Section 9 Information about your right of cancellation and cancellation form
9.1 As a consumer, according to the Act (SFS 2005:59) on distance contracts [distansavtal] and agreements outside business premises [avtal utanför affärslokal, distansavtalslagen], you have the right to withdraw from the purchase agreement within 14 days of receiving the goods. The right means that a consumer within 14 days of their purchase has the right to cancel the purchase without reason and get the money back. However, according to the Distance Contracts Act, this right of withdrawal does not apply to goods that, due to their nature, cannot be returned or which can quickly deteriorate, for example, food. The right of withdrawal also does not apply to products that have been sealed due to health or hygiene reasons and if the seal has been broken by the consumer, or to goods that have been specially manufactured according to the consumer's wishes or that otherwise have a clear personal touch.
9.2 The products that Lindt delivers under this Agreement comprise a range of different chocolate products. As chocolate is a fresh product that can quickly deteriorate, the right of withdrawal does not apply according to the Distance Contracts Act. You also do not have the right of withdrawal for products that are sealed and where the seal has been broken by you, or for products that have been specially made for you and thus have been given a clear personal touch.
9.3 Notwithstanding what is stated above in point 9.2, you have the right to withdraw from the Agreement if this right appears
- in the Agreement,
- these general conditions,
- or (especially if you are a consumer), mandatory legislation.
If you wish to withdraw from the Agreement on any of these grounds, you are welcome to use the attached cancellation form or contact us by filling in the online form, but it is not necessary to register a return.
Section 10 Right of complaints, guarantees
10.1 This clause (10.1), as well as clauses 10.2–10.5 are only applicable to consumers. As a consumer, you have a statutory right to receive goods that are not defective. A product is faulty if, for example, it is broken or does not match what was agreed. Minor deviations in the product packaging images are not considered faulty. This statutory right is not affected by the right of withdrawal described in section 9 or anything else set out in these general terms and conditions.
10.2 According to current consumer legislation, you have the right to complain for 3 years from the time you received the item. However, to claim a fault in an ordered item, you must contact Lindt as soon as possible, but no later than within 2 months from when you discovered or should have discovered the fault (complaint). If you do not notify Lindt of the error within this deadline, the right to complain is lost. Complaints are made with the “Contact us” online form, or to [Lindt & Spüngli (Nordic) AB, Telegrafgatan 6a, 169 03 Solna, Sweden]. In the event of a fault in the product, Lindt shall first of all be given the opportunity to remedy the fault, for example by sending you a new product free of charge.
10.3 Lindt's liability for a faulty product is limited to the product's price as stated in the online store (including delivery fee and other related charges), as well as to any return costs, as long as the fault has not caused damage to the consumer and the damage is due to Lindt's negligence.
10.4 Lindt reserves the right to deny a complaint if it turns out that the product cannot be considered faulty according to current consumer protection legislation.
10.5 Advice on your rights as a consumer is available from, among others, the Swedish Consumer Agency. Your statutory consumer rights are not affected by these general terms and conditions. The homepage of the Swedish Consumer Agency is https://www.konsumentverket.se/.
10.6 This clause (10.6) is only applicable to Businesses. To you who are not a consumer, Lindt offers a 6-month guarantee from the time the goods are sent, that the products must be of satisfactory quality and free from material defects. The guarantee is offered subject to the following conditions:
- After delivery, you must immediately inspect the products and inform Lindt of any obvious or visible defects within 7 days of receipt of the order. If the defect is hidden, you must inform Lindt within 7 days from when you discovered or should have discovered the defect. If you do not notify Lindt of the error within the stated time frames, you are deemed to have accepted the incorrect products.
- If you inform Lindt of a faulty product within the given time frame, Lindt will choose between remedying the fault or replacing the faulty products, or refunding the full price of the faulty products. After Lindt has taken such action, Lindt no longer has any damages or other liability towards you in respect of the faulty products.
- The warranty offered under clause 9.2 does not apply to faulty products if the fault results from: normal wear and tear; the trader's intentional damage; abnormal storage or working conditions; accident; negligence on your part or on the part of a third party; your failure to use or benefit from the products in accordance with its instructions, or from any alteration or repair of the products carried out by you or by a third party who is not one of Lindt's authorized repairers
Section 11 Liability if you are a business
11.1 This section (11) is only applicable to Businesses. Lindt's products are intended for internal use within your company. By accepting these terms and conditions, you confirm that you will not use the products for any resale purpose.
11.2 Lindt has no liability to you for delays or inability to deliver in accordance with the Agreement, or for any damage or defect in the products delivered under any Agreement, in such case as stated above under clause 5.7 (force majeure).
11.3 Nothing in these general conditions limits or excludes Lindt's liability for:
- death or personal injury caused by Lindt's gross negligence;
- fraud or fraudulently provided false information.
11.4 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
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 online, 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).
12.2 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.
12.3 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 “Konsumentverket” (see the link under section 10.5).
Section 13 Applicable Law and Dispute
13.1 Subject to what is stated below in point 14.3, Swedish law is applicable to the Agreement and to disputes concerning the interpretation or application of the Agreement, as well as to non-contractual and other claims between you and Lindt. Disputes must primarily be resolved by consensus between you and Lindt. In the event that the dispute cannot be resolved amicably between you and Lindt, you as a consumer have the opportunity to have your case heard free of charge at Allmänna Reklamationsnämnden (ARN), Box 174, 101 23 Stockholm. Lindt follows ARN's recommendations. Otherwise, disputes or claims due to the Agreement, both within and outside of the contract, shall be tried by a general court in Sweden.
Section 14 Other provisions
14.1 You may not assign or transfer your rights or obligations under any Contract unless we agree in writing.
14.2 No person other than you and us shall have any rights to enforce any Contract.
14.3 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.
14.4 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. For complete product information and manufacturing date and/or best before date, refer to the information on the product packaging.
14.5 Lindt reserves our right against any errors in the content of the internet store's website.
14.6 In addition to what is stated in these general terms and conditions, Lindt's Privacy and Cookie policy is applicable at any time and shall also apply to the use of the website lindt.se.
Section 15 E-gift cards, greeting card
15.1 In the online store, you can buy e-gift cards for a minimum value of SEK 100 and a maximum value of SEK 5’000. The e-gift card is sent to the email address you entered when ordering, or, at your request, directly to the recipient to whom you wish to give the gift card, along with your personal greetings.
15.2 The e-gift card can be used immediately after receipt. To use the gift card, enter the gift card's code at checkout during the payment process into the discount code entry field. After the code has been entered, the customer or recipient is authorized to purchase products with the e-gift card up to the value stated on the card. Should the purchase price exceed the value of the gift card redeemed, the holder must pay the difference to finalize the order.
15.3 Lindt takes no responsibility if you accidentally enter the wrong recipient for an e-gift card. If you realize that you entered the wrong recipient for an e-gift card, you can contact Lindt, whereupon Lindt will deactivate the gift card if it has not already been redeemed. If the gift card has not been redeemed and can be deactivated, Lindt will also issue a new e-gift card to the recipient you specify
15.4 The e-gift cards can only be used for goods within Sweden and can only be redeemed online. Vouchers expire two (2) years after they are issued.
15.5 E-gift cards cannot be redeemed or exchanged for cash. You can only use your e-gift card in Swedish kronor (SEK).
15.6 E-gift cards are valid for 24 months from purchase. Once the 24 months have expired, the gift card will be deactivated and any value remaining on the gift card will then be lost. You can see the status and how much money is left on the gift card in your user account at Lindt or at the checkout when you enter the code on the gift card as a payment method.
15.7 If you do not spend the entire value of the gift card in one purchase, the remaining amount will be updated after each transaction. The remaining amount will not be paid out in cash.
15.8 E-Gift Cards cannot be returned or refunded, except in accordance with your statutory rights.
15.9 E-gift cards should be treated like cash. They are not check guarantees, credit, or debit cards. Lindt does not accept responsibility for lost, stolen, or damaged gift cards.
15.10 All refunds for goods or services purchased with an eGift Card will be made in accordance with Lindt's refund policy.
15.11 Lindt reserves the right to change these general terms and conditions at any time. Lindt also reserves the right to take the measures that Lindt deems necessary at any time after a reasonable assessment regarding the e-gift cards, including the decision to deactivate an e-gift card. Nothing in this clause affects your statutory rights.
15.12 Lindt offers to send a personal congratulation/greeting card together with the ordered goods. The text on the greeting/greeting card is up to you, but must comply with all applicable laws and must not: (i) violate, entrench upon or otherwise infringe the rights of any third party (including any copyright, database right, or trademark right held by any third party); (ii) contain any material that is defamatory of any person; (iii) contain any material that is abusive, offensive, obscene, threatening, harassing, hateful or inflammatory; or (iv) invade another's privacy or cause annoyance, embarrassment or distress.
15.13 Lindt is entitled but not obliged to review or verify the text on the greeting/greeting card prior to delivery. Lindt determines at its own reasonable discretion whether there has been a violation of this provision. In the event of a violation of the provision, Lindt decides which measure is considered most appropriate, and Lindt also reserves the right not to send the greeting card if Lindt finds that the text contravenes this provision. The design and layout of the greeting card are also determined by Lindt.