www.lindt.com/uk and shop.lindt.com/uk are sites operated by Lindt & Sprungli (UK) Limited (hereinafter referred to as “LINDT”), a company incorporated in England and Wales (company number 266337) whose registered office is at Top Floor, 4 New Square, Feltham, Middlesex, TW14 8HA. LINDT'S trading address is as above and its VAT number is 222 4008 19.
Please click on the "I Accept" button at the end of these terms and conditions if you accept them. Please be aware that if you refuse to accept these terms and conditions, you will not be able to order any goods from the LINDT site.
For Internet orders placed with LINDT at www.lindt.com/uk and shop.lindt.com/uk, the following terms and conditions apply exclusively in its current version at the time of order. LINDT will not recognise any divergent terms and conditions. All queries or complaints in connection with these terms and conditions or its underlying contracts may be submitted in writing by post to Lindt & Sprungli (UK) Limited, Top Floor, 4 New Square, Feltham, Middlesex, TW14 8HA , or to our Customer Service Department using the contact form provided.
3) Your Status
By placing an order through the LINDT online shop, you warrant that you are at least 18 years of age and legally capable of entering into binding contracts. You also warrant that you are a resident of the UK and are accessing this website from the UK. If you are not a resident of the UK or are not accessing this website from the UK, please visit www.lindt.com to find the LINDT online shop for your country.
4) Offer and Contract Conclusion
The product description specified at our online shop is merely an invitation to place an order and does not constitute a binding quotation for concluding a contract.
You may choose from the range of products at the LINDT online shop and place the selected items in a shopping cart by clicking on “Add to cart”. By clicking on “Confirm Order”, you make a binding offer to buy the goods in your shopping cart. Before completing the order, you will have the option to check and alter the details at any time, such as e.g. quantities, delivery and billing address, etc.
Following receipt of your order by LINDT and full payment of the goods, LINDT will send you an email confirmation. The contract between you and LINDT is brought about with this confirmation, or – if no confirmation is issued – on delivery of the goods to you. All orders are subject to acceptance by LINDT. If LINDT is unable to supply the goods ordered through no fault of its own, for example because its own suppliers have failed to perform and/or failed to punctually perform their contractual obligations towards LINDT, LINDT is entitled to withdraw from the contract with you. In any such event, LINDT shall immediately refund any payments already made. Any claims beyond this are excluded in their entirety.
In the event of any errors occurring in the product specifications provided at our online shop despite careful verification by LINDT, instead of accepting the order, LINDT shall submit an alternative offer to you which you can accept or decline at your discretion.
Lindt advises that you print off and retain a copy of these terms and conditions once your order has been accept by LINDT. LINDT will store a copy of the contract entered into by you [and you can review your contract by checking your account on the LINDT website].
The contract will be concluded in the English language.
5) Customer Rights
If you are contracting with LINDT as a customer, you may cancel a contract at any time within 7 working days, beginning on the day after you received the goods. In this case, you will receive a full refund of the price paid for the goods in accordance with LINDT's refunds policy set out in clause 10 of these terms and conditions.
To cancel a contract, you must inform LINDT in writing in accordance with the requirements of clause 14 of these terms and conditions. You must also return the goods to LINDT immediately, in the same condition in which you received them, and at your own cost and risk. You are legally obliged to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, LINDT may have a right of action against you for compensation.
6) Delivery and Availability of Goods
Goods are delivered as illustrated at LINDT's online shop subject to minor alterations to packaging.
The standard delivery period for consignments within the UK is dispatch of all items within 3 to 5 working days (Mondays to Fridays only, excluding public holidays) of receipt of order. Orders will then be delivered the next working day (from dispatch) before 5pm. Exact details can be obtained by referring to Order & Delivery Periods . Since we dispatch goods through an external service provider, delays may occur depending on processing times. Moreover, in cases of Force Majeure Events and/or of any other events beyond our control (see "Events beyond LINDT's control" below), we have the right to extend delivery periods. You will be notified promptly in this regard.
7) Minimum Orders
The minimum order value from our online shop is £10.00per delivery address and delivery charges will be applied (unless promotional conditions apply).
8) Terms of Payment
The price of any goods will be as quoted on our site from time to time, except in cases of obvious error.
The prices on the LINDT website include VAT but exclude delivery costs, which will be added to the total amount due.
Prices may change from time to time, but changes will not affect orders that have already been confirmed by LINDT.
LINDT's site contains a large number of goods and there is always the possibility that, despite LINDT's best efforts, some of the goods listed on the site may be priced incorrectly. LINDT will normally verify prices as part of its dispatch procedures so that, where an item's correct price is less than LINDT's stated price, LINDT will charge the lower amount when dispatching the item to you. If an item's correct price is higher than the price stated on the site, LINDT will normally, at its discretion, either contact you for instructions before dispatching the item, or reject your order and notify you of such rejection.
LINDT is under no obligation to provide goods to you at the incorrect (lower) price, even after LINDT has confirmed your order, if the error is obvious and unmistakeable and could have reasonably been recognised by you as mis-pricing.
You can select your online payment method (Available options: Visa, Mastercard, Maestro, Electron). Purchase prices are net prices on the date of contract conclusion and are payable without deduction. For payments made online, the maximum order value is £1000.00.
Vouchers may be redeemed up to their face value by entering the code indicated on the voucher. For orders amounting above the value of the voucher, the excess amount is payable in accordance with the aforementioned paragraph.
Deliveries are made exclusively to addresses within the UK.
Shipment is subject to a delivery charge to addresses within the UK.
You agree to comply with all applicable laws and regulations of the country for which the goods are destined. LINDT will not be liable for any breach by you of any such laws.
We guarantee the highest quality for our products. Irrespectively, you are requested to inspect the goods immediately and ensure they correspond to the order placed. Any obvious defects such as damage, breakage or incorrect quantities must be reported immediately to our Customer Service Department in writing in accordance with clause 14 of these terms and conditions and the defective product must be returned to Lindt & Sprungli (UK) Limited, Top Floor, 4 New Square, Feltham, Middlesex, TW14 8HA.
If the ordered goods are defective, you are entitled to request a substitute delivery (post-performance) from LINDT. If post-performance fails, you are entitled to withdraw from the contract or receive a discount on the purchase price. (In the event of a withdrawal LINDT shall refund the purchase price promptly). If you opt for a discounted purchase price, LINDT shall refund the discounted amount promptly.
When you returns goods to us:
(i) because you have cancelled the contract with LINDT within the 7 day cooling-off period, LINDT will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of your cancellation. In this case, LINDT will refund the price of the goods in full, including the cost of sending the item to you. However, you are responsible for the cost of returning the item to LINDT.
(ii) for any other reason (for example, where you have notified LINDT in accordance with clause 19 that you do not agree to any change in these terms and conditions or in any of LINDT's policies, or because you claim that the goods are defective), LINDT will examine the returned item and notify you of your refund via email within a reasonable period of time. LINDT will usually process the refund due as soon as possible and, in any event, within 30 days of the day LINDT confirms to you that you are entitled to a refund for the defective goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to LINDT.
LINDT will usually refund any money received from you using the same method originally used to pay for the purchase.
11) Retention of Title
The goods shall be at your risk from the time of delivery. All goods delivered shall remain LINDT’s property until the purchase price (including delivery charges) has been paid in full.
12) Using Stored Data/ Data Protection
LINDT is fully aware of the importance of data protection and confidential handling of the information you provide via the Internet. We want you to feel secure when you visit our online shop. For this reason, data safety on our homepage is one of our top priorities. We have made tremendous efforts to ensure that our security measures are effective. We also take the privacy of the information and personal data you send us very seriously. For all personal data we are sent during registration or order procedures, in particular payment information, we use secured coding for security.
LINDT complies with the statutory requirements of the Data Protection Act 1998 and all other applicable data protection legislation.
13) Limitation of Liability
LINDT warrants that any goods purchased from it via the online shop are of satisfactory quality and reasonably fit for all the purposes for which goods of this kind are commonly supplied.
LINDT's liability for losses suffered by you as a result of breaching these terms and conditions is strictly limited to the purchase price of the goods purchased by you. This does not include or limit in any way LINDT's liability:
(i) for death or personal injury caused by LINDT's negligence;
(ii) under section 2(3) of the Consumer Protection Act 1987
(iii) for fraud or fraudulent misrepresentation; or
(iv) for any matter for which it would be illegal for LINDT to exclude, or attempt to exclude, its liability.
LINDT is not responsible for indirect losses happening as a side effect of the main loss or damage, including but not limited to: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; or waste of management or office time however arising and whether caused by tort, breach of contract or otherwise.
14) Written Communications and Notices
When using this site you accept that communications with LINDT may be by electronic means. LINDT will contact you by email or provide you with information by posting notices on this site. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that LINDT provides to you electronically comply with any legal requirement that such communication be in writing. This condition does not affect your statutory rights.
All notices given by you to LINDT must be given to Lindt & Sprungli Customer Services at Lindt & Sprungli (UK) Limited, Top Floor, 4 New Square, Feltham, Middlesex, TW14 8HA. LINDT may give notice to you at either the email or postal address you gave LINDT when you placed an order, or in any of the ways mentioned in the paragraph above. Notice shall be deemed as received and properly served (i) immediately when posted on the site, (ii) 24 hours after an email is sent, or (iii) 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the course of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified address of the addressee.
15) Events beyond LINDT's control
LINDT will not be liable or responsible for any failure to perform, or delay in the performance of, any of its obligations under a contract that is caused by events outside its reasonable control (a "Force Majeure Event"). Such Force Majeure Events include any act, event, non-happening, omission or accident beyond LINDT's reasonable control and includes in particular (without limitation) strikes, lock outs or other industrial action; civil commotion, riot, invasion, war, terrorist attack or threat of terrorist attack; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and acts, decrees, legislation, regulations or restrictions of any government.
LINDT's performance under any contract shall be deemed to be suspended for the period that the Force Majeure Event continues, and LINDT will have an extension of time for performance for the duration of that period.
If LINDT fails, at any time during the term of a contract, to insist upon the strict performance of any of your obligations under the contract or any of these terms and conditions, or if LINDT fails to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations. A waiver by LINDT or a default shall not constitute a waiver of any subsequent default. No waiver by LINDT of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 of these terms and conditions.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18) Entire Agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
The parties acknowledge that in entering into a contract, neither of us relies on any statement, representation, assurance or warranty ("Representation") of any person (whether a party to that contract or not) other than as expressly set out in these terms and conditions.
Each party agrees that the only rights and remedies available to them arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions. Nothing in this clause shall limit or exclude any liability for fraud.
19) Variation of terms and conditions
LINDT has the right to revise and amend these terms and conditions from time to time, such changes will be posted on the LINDT website. You shall be subject to the policies and terms and conditions in force at the time that you order goods from LINDT, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which event it will apply to orders previously placed by you), or if LINDT notifies you of the change to these policies or these terms and conditions before it sends you confirmation of receipt of an order and payment (in which event LINDT has the right to assume that you have accepted the change to the terms and conditions, unless you notify LINDT to the contrary within 7 working days of receipt of the goods by you).
20) Applicable Law and jurisdiction
Contracts for purchasing goods via our site and any dispute or claim arising out of or in connection with them, their formation or subject matter (including non-contractual disputes or claims) shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.