TERMS & CONDITIONS

  • SCOPE AND PROVIDER

    • These general terms and conditions (Terms) govern your use of this website (the Site) and apply to all your purchase orders placed at the online shop of Lindt & Sprüngli (Australia) PTY LTD ACN 079 224 892, 16 Hollinsworth Road, Marsden Park NSW 2765 (Lindt, we, us, our). They comprise the contract between you and us for the sale of products to you from our online shop (Contract).  These Terms should be read in conjunction with our privacy policy (Privacy Policy) (click hereto see the Privacy Policy).
    • By using this Site or ordering products, you acknowledge that you have read, understood and agree to be bound by these Terms and the Privacy Policy. If you are an individual, you confirm that you have authority to bind any business on whose behalf you use the Site and/or purchase products.  You may be required to confirm that you agree to these Terms in order to complete an order on the online shop.
    • This Site is operated by Lindt & Sprüngli (International) AG (Lindt International) on behalf of its parent company Chocoladefabriken Lindt & Sprüngli AG (Parent Company) and the Parent Company’s subsidiaries (together, the Lindt Group) for your personal use, subject to these Terms. Personal information that you submit to us will be collected, used, disclosed and held in accordance with our Privacy Policy.
    • We may change the Terms and the Privacy Policy but such changes will only be binding on you when you access the Site or order products after the changes are posted on the Site.
    • If you have any queries or comments in relation to these Terms, the Privacy Policy or the Site, you can either contact us here or call us on (02) 9854 2500.
  • ACCESSING AND USING THE WEBSITE

    • Access to the Site is provided on a temporary basis, and we reserve the right to withdraw or amend the service on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period. Any costs associated with accessing the Site are your responsibility and is dependent on the Internet service provider used.
    • While Lindt endeavours to ensure that the Site is available 24 hours a day, Lindt shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Lindt's control. Your access to the Site, your ability to  participate in all or certain parts of the Site and/or your registration may be terminated by Lindt at any time without notice and without any liability.
      Lindt assumes no responsibility for any technical malfunction, error, omission, interruption, deletion, delay in operation or transmission, communication line failure, virus, bug, tampering, theft or destruction or unauthorised access to the Site, or any injury or damage to any person’s computer related to the use of the Site, or the uploading of material or downloading of any software/material (where permitted) from the Site.
    • You may access and use the Site for lawful purposes only. You may not use the Site:
      • in any way that breaches any applicable local, national or international law or regulation;
      • in any way that infringes the rights of any other person;
      • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      • to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
      • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • Lindt may provide interactive services on the Site, including, chat rooms, bulletin boards and blogging facilities. If you use such services, you must comply with the Acceptable Use Policy at the end of these Terms.
  • SALE OF PRODUCTS

    • The products offered in our online shop are only available for purchase by persons who are 18 years or older.
    • 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 "checkout” button.
    • 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.
    • We will only be taken to have accepted your offer of purchase 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.
    • Please note the minimum order value for delivery of products which is [$25] in each case. 
    • 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.
  • COUPONS & GREETING CARDS

    • 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.
    • We cannot be held liable if you incorrectly specify the recipient of a coupon. As soon as you notify us 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. 
    • The minimum order value for online coupons is AUD$25.00.
    • 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.
    • If you purchase a greeting card with the delivery of your products, you may specify what the text of the greeting card will be. The design and layout of the greeting card will be determined by us at our sole discretion.
    • You agree that the text you specify for the greeting card complies with all applicable laws, and must not:
      • infringe the rights of any third party (including any intellectual property rights);
      • contain any material which is defamatory of any person;
      • contain any material which is insulting, offensive, obscene, threatening, abusive, harassing, hateful or inflammatory; and
      • invade another's privacy, or cause annoyance, embarrassment or alarm.
    • We are entitled, but under no obligation, to review the text and take such action as we deem necessary at our sole discretion including altering the text, or not enclosing the greeting card.
  • PRICES AND PAYMENT

    • The prices quoted on the product pages include GST and the respective delivery charges within Australia.
    • Payment can be made by credit card (MasterCard, Visa, AMEX, Diners Club, JCB, Union Pay), with the purchase price being charged to your credit card account upon completion of your order.
    • When paying by credit, the purchase price will be charged to your credit card account upon completion of your order.
  • DELIVERY

    • Unless otherwise agreed, the products shall be delivered to the address you have specified. Delivery is possible within Australia only, and only to street addresses (delivery cannot be made to PO Boxes, AFPO, PMO or Locked Bags).
    • 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.
    • For deliveries within Australia 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 1-2 working days (excluding Saturday, Sundays and public holidays) of the order acknowledgement.
    • 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 this clause shall not apply. We shall inform you immediately when we send the products.
    • 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 as specified in this clause 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. 
    • 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.
    • 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.

 

  • LIMITATION OF LIABILITY

    • Whilst we take care to ensure the accuracy of all content within our Site, to the extent permitted by law, Lindt assumes no legal liability for and does not warrant that the information contained on this Site is accurate or complete, or that the Site pages will be free from errors or that the Site availability will be uninterrupted. This includes all product related information including but not limited to, product descriptions, product images, product colours, product sizes, product pricing. All such details are correct (and as accurate as possible in the case of product descriptions, images, colours and sizes) at the time of current display, but are subject to change at any time without communication to you.
    • 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, 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).
    • If you are a consumer within the meaning of the Australian Consumer Law (ACL), you may have rights which cannot be excluded.  To the extent permitted by law, our liability for the breach of any such rights, including any breach of a consumer guarantee under the ACL, is limited in accordance with clause 4.
    • Our liability to you under or in connection with this Site or any products is limited, at our option to:
      • the replacement of the products or the supply of equivalent products; or
      • the payment of the cost of replacing the products or of acquiring equivalent products.
    • Subject to clause 3, we will under no circumstances whatever be liable to:
      • 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.
    • The limitations and exclusions in clauses 7.4 and 7.5 apply to all liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
    • Whilst Lindt makes reasonable attempts to exclude viruses or other destructive computer codes from the Site, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code. You should take all appropriate safeguards before using the Site or downloading from the Site.

 

  • INTELLECTUAL PROPERTY

    • The Lindt name, logo, corporate symbols and trade marks are the sole property of Lindt’s Parent or one of the members of the Lindt Group, and no permission is given in respect of their use. The Site and its contents are protected by international copyright laws and other intellectual property rights.
    • Unless otherwise indicated as between Lindt and the user of the Site, Lindt and/or its Parent is the owner of the copyright and all other intellectual property rights in the Site and its contents.
    • Save as set out below, no part of the Site may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of Lindt.

    • You may retrieve and display the content of the Site on a computer screen, or print one copy of such content (including, nutritional information, recipes and the Privacy Policy) for your own personal use, provided you keep intact all and any copyright and proprietary notices. Use of the content otherwise than in accordance with these Terms may expose you to claims for infringement of our intellectual property rights of the Lindt Group and/or of third parties.
  • LINKING

    • You may link to our Site provided you do so in a way that is fair and legal and does not damage Lindt's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement from Lindt.
      Lindt reserves the right to withdraw linking permission without notice. The website you are linking to must comply with the content standards (set out above).
    • Lindt is not responsible for the contents of any website operated by a third party which may be accessed via this Site, and Lindt does not accept any obligation, gives no assurance, and assumes no liability or responsibility (whether express or implied) in relation to any content on any other website. All links on this Site are provided for your convenience only and do not imply that Lindt approves or recommends the content of such websites.
  • GENERAL

    • Should any of the provisions of these Terms be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.
    • Lindt's failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Lindt in writing.
    • You may not assign or transfer your rights or obligations unless we agree in writing.
    • Please ensure that you check the list of ingredients for each product you wish to buy on the nutritional information page of the Site if you have any food allergies or intolerances to for example nuts or milk before making your purchase.
  • COMPETITIONS

    • At different times Lindt may run competitions and promotions on this Site. When such competitions and promotions are run, they will be accompanied by a set of Competition or Promotion Terms, which must be agreed to before entering any competition.
  • GOVERNING LAW

    • These Terms are governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

 

 

ACCEPTABLE USE POLICY

When you use an interactive service on the Site that allows you to upload material to the Site or to make contact with other Site users, you must comply with the Content Standards (set out below). You warrant that any such contribution made by you complies with those standards and you indemnify Lindt for any breach of this warranty. If such services have separate terms and conditions, you must also agree to these terms in order to use the service.

Any material you upload or contribute to our Site will not be considered confidential. You agree that Lindt will have the right to use, copy, distribute and disclose to third parties any such material for any purpose without compensation or acknowledgement of its source. Lindt also has the right to disclose your identity to any third party who is claiming that material posted or uploaded by you to the Site constitutes a violation of their intellectual property.

Lindt will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other users of this Site. Lindt has the right to remove any material or posting you contribute to the Site.

Content Standards

These content standards apply to any and all material which you contribute to the Site and to any interactive services associated with it.
Your contributions must:
• be accurate (where they state facts);
• be genuinely held (where they state opinions); and
• comply with applicable Australian law.
Your contributions must not:
• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case; and
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

When a breach of these Content Standards has occurred, Lindt may take such action as it deems appropriate, including immediate, temporary or permanent withdrawal of your right to use our Site, the removal of postings or uploaded material without informing you and legal proceedings against you for reimbursement of all of Lindt's costs resulting from your breach.

 

Terms & Conditions

Lindt Website Terms of use


These terms and conditions (the "Terms") govern your use of the Lindt Australia website (www.lindt.com.au) (“Site”) and should be read in conjunction with our privacy policy (“Privacy Policy”) (click here to see the Policy).

Please read these Terms carefully. By using this Site you acknowledge that you have read, understood and agree to be bound by these Terms and the Privacy Policy. Do not use (or continue to use) the Site if you do not agree to the Terms or the Privacy Policy.

If you have any queries or comments in relation to the Terms, the Privacy Policy or the use of this Site, you can either contact us or call us on (02) 9854 2500.


Information About Us
This Site is operated by Lindt & Sprüngli (International) AG (“Lindt”) on behalf of its parent company Chocoladefabriken Lindt & Sprüngli AG ("Parent") and Parent’s subsidiaries (together “Lindt Group”) for your personal use, subject to these Terms.
Personal information which you submit to Lindt will be collected, used, disclosed and held by Lindt in accordance with our Privacy Policy. Please click here to see this.

 

This Site and the information on this Site may be changed or updated without notice. Lindt may revise these Terms and any other legal notice on the Site (including the Privacy Policy) at any time without notifying users. All changes will be effective when posted on the Site. Therefore you should check this Site from time to time to review these Terms and other legal notices, because they are binding on you if you continue to use the Site after the changes have been posted.

 

Accessing our Site
Access to our Site is provided on a temporary basis, and we reserve the right to withdraw or amend the service on our Site without notice (see "Site Availability" below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
Any costs associated with accessing the Site is your responsibility and is dependent on the Internet service provider used.

 

Site Availability
While Lindt endeavours to ensure that the Site is available 24 hours a day, Lindt shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Lindt's control.
Your access to the Site, your ability to participate in all or certain parts of the Site and/or your registration may be terminated by Lindt at any time without notice and without any liability. Any limitations on Lindt's liability will survive such termination.
Lindt assumes no responsibility for any technical malfunction, error, omission, interruption, deletion, delay in operation or transmission, communication line failure, virus, bug, tampering, theft or destruction or unauthorised access to the Site, or any injury or damage to any person’s computer related to the use of the Site, or the uploading of material or downloading of any software/material (where permitted) from the Site.

 

Site Use
You may use the Site for lawful purposes only. You may not use the Site:
• in any way that breaches any applicable local, national or international law or regulation;
• in any way that infringes the rights of any other person;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

Disclaimer
Whilst we take care to ensure the accuracy of all Content within our Site, to the extent permitted by law, Lindt assumes no legal liability for and does not warrant that the information contained on this Site is accurate or complete, or that the Site pages will be free from errors or that the Site availability will be uninterrupted. This includes all product related information including but not limited to, product descriptions, product images, product colours, product sizes, product pricing. All such details are correct (and as accurate as possible in the case of product descriptions, images, colours and sizes) at the time of current display, but are subject to change at any time without communication to you.

 

Interactive Services
Lindt may provide interactive services on the Site, including, chat rooms, bulletin boards and blogging facilities.

When you use an interactive service on the Site that allows you to upload material to the Site or to make contact with other Site users, you must comply with the Content Standards (set out below). You warrant that any such contribution made by you complies with those standards and you indemnify Lindt for any breach of this warranty. If such services have separate terms and conditions, you must also agree to these terms in order to use the service.

Any material you upload or contribute to our Site will not be considered confidential. You agree that Lindt will have the right to use, copy, distribute and disclose to third parties any such material for any purpose without compensation or acknowledgement of its source. Lindt also has the right to disclose your identity to any third party who is claiming that material posted or uploaded by you to the Site constitutes a violation of their intellectual property.

Lindt will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other users of this Site. Lindt has the right to remove any material or posting you contribute to the Site.

 

Content Standards
These content standards apply to any and all material which you contribute to the Site and to any interactive services associated with it.
Your contributions must:
• be accurate (where they state facts);
• be genuinely held (where they state opinions); and
• comply with applicable Australian law.
Your contributions must not:
• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case; and
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

When a breach of these Content Standards has occurred, Lindt may take such action as it deems appropriate, including immediate, temporary or permanent withdrawal of your right to use our Site, the removal of postings or uploaded material without informing you and legal proceedings against you for reimbursement of all of Lindt's costs resulting from your breach.

 

Linking to the Site
You may link to our Site provided you do so in a way that is fair and legal and does not damage Lindt's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement from Lindt.
Lindt reserves the right to withdraw linking permission without notice. The website you are linking to must comply with the content standards (set out above).

 

Links from the Site
Lindt is not responsible for the contents of any website operated by a third party which may be accessed via this Site, and Lindt does not accept any obligation, gives no assurance, and assumes no liability or responsibility (whether express or implied) in relation to any content on any other website. All links on this Site are provided for your convenience only and do not imply that Lindt approves or recommends the content of such websites.

 

Intellectual Property
The Lindt name, logo, corporate symbols and trade marks are the sole property of Lindt’s Parent or one of the members of the Lindt Group, and no permission is given in respect of their use. The Site and its contents are protected by international copyright laws and other intellectual property rights. Unless otherwise indicated as between Lindt and the user of the Site, Lindt and/or its Parent is the owner of the copyright and all other intellectual property rights in the Site and its contents. Save as set out below, no part of the Site may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of Lindt.
You may retrieve and display the content of the Site on a computer screen, or print one copy of such content (including, nutritional information, recipes and the Privacy Policy) for your own personal use, provided you keep intact all and any copyright and proprietary notices. Use of the content otherwise than in accordance with these Terms may expose you to claims for infringement of our intellectual property rights of the Lindt Group and/or of third parties.

 

Liability
The Site is provided without any warranties or guarantees. To the extent permissible by any applicable law, Lindt, its associated companies and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of this Site, or reliance on the Site, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the Site (whether negligent or not), except that nothing affects any liability of Lindt, its associated companies and their officers, directors, employees, shareholders or agents of any of them for death or injury caused by their negligence or any other liability which may not be excluded or limited by law. If Lindt is liable for breach of any implied warranty or condition that cannot be excluded, such as the consumer guarantees under the Competition and Consumer Act 2010 (Cth), then Lindt’s liability shall be limited to, at Lindt’s option, in the case of goods, replacing or repairing the goods, or in the case of services, re-supplying the services, or paying for the costs of re-supplying the services.
Whilst Lindt makes reasonable attempts to exclude viruses or other destructive computer codes from the Site, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code. You should take all appropriate safeguards before using the Site or downloading from the Site.

 

Governing Law
Any interpretation of the content of this Site, claims or disputes (of whatever nature and not limited to contractual issues) shall be limited to the non-exclusive jurisdiction of the courts of Australia, under the law of the State of NSW.

 

General
If any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Lindt's failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Lindt in writing.
The section titles in the Terms are for convenience only, and have no legal or contractual effect.

 

Competitions
At different times Lindt may run competitions and promotions on this Site. When said competitions and promotions are run, they will be accompanied by a set of Competition or Promotion Terms and Conditions which must be agreed to before entering any competition.
Collection of Information
Elements of the Site may require you to enter certain details on the Site. Lindt policies in regards to the collection and use of Personal Information can be found here in the Privacy Policy. Please read this policy before entering any details into the Site.
This Terms and Conditions Policy was last updated on 8th September 2020.

 

Collection of Information
Elements of the Site may require you to enter certain details on the Site. Lindt policies in regards to the collection and use of Personal Information can be found here in the Privacy Policy. Please read this policy before entering any details into the Site.

 

This Terms and Conditions Policy was last updated on 8th September 2020

 

Terms & Conditions

Lindt Website Terms of use

These terms and conditions (the "Terms") govern your use of the Lindt Australia website (www.lindt.com.au) (“Site”) and should be read in conjunction with our privacy policy (“Privacy Policy”) (click here to see the Policy).

Please read these Terms carefully. By using this Site you acknowledge that you have read, understood and agree to be bound by these Terms and the Privacy Policy. Do not use (or continue to use) the Site if you do not agree to the Terms or the Privacy Policy.

If you have any queries or comments in relation to the Terms, the Privacy Policy or the use of this Site, you can either contact us or call us on (02) 9854 2500.

Information About Us

This Site is operated by Lindt & Sprüngli (International) AG (“Lindt”) on behalf of its parent company Chocoladefabriken Lindt & Sprüngli AG ("Parent") and Parent’s subsidiaries (together “Lindt Group”) for your personal use, subject to these Terms.
Personal information which you submit to Lindt will be collected, used, disclosed and held by Lindt in accordance with our Privacy Policy. Please click here to see this.

This Site and the information on this Site may be changed or updated without notice. Lindt may revise these Terms and any other legal notice on the Site (including the Privacy Policy) at any time without notifying users. All changes will be effective when posted on the Site. Therefore you should check this Site from time to time to review these Terms and other legal notices, because they are binding on you if you continue to use the Site after the changes have been posted.

Accessing our Site

Access to our Site is provided on a temporary basis, and we reserve the right to withdraw or amend the service on our Site without notice (see "Site Availability" below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
Any costs associated with accessing the Site is your responsibility and is dependent on the Internet service provider used.

Site Availability

While Lindt endeavours to ensure that the Site is available 24 hours a day, Lindt shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Lindt's control.
Your access to the Site, your ability to participate in all or certain parts of the Site and/or your registration may be terminated by Lindt at any time without notice and without any liability. Any limitations on Lindt's liability will survive such termination.
Lindt assumes no responsibility for any technical malfunction, error, omission, interruption, deletion, delay in operation or transmission, communication line failure, virus, bug, tampering, theft or destruction or unauthorised access to the Site, or any injury or damage to any person’s computer related to the use of the Site, or the uploading of material or downloading of any software/material (where permitted) from the Site.

Site Use

You may use the Site for lawful purposes only. You may not use the Site:
• in any way that breaches any applicable local, national or international law or regulation;
• in any way that infringes the rights of any other person;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Disclaimer

Whilst we take care to ensure the accuracy of all Content within our Site, to the extent permitted by law, Lindt assumes no legal liability for and does not warrant that the information contained on this Site is accurate or complete, or that the Site pages will be free from errors or that the Site availability will be uninterrupted. This includes all product related information including but not limited to, product descriptions, product images, product colours, product sizes, product pricing. All such details are correct (and as accurate as possible in the case of product descriptions, images, colours and sizes) at the time of current display, but are subject to change at any time without communication to you.

Interactive Services

Lindt may provide interactive services on the Site, including, chat rooms, bulletin boards and blogging facilities.

When you use an interactive service on the Site that allows you to upload material to the Site or to make contact with other Site users, you must comply with the Content Standards (set out below). You warrant that any such contribution made by you complies with those standards and you indemnify Lindt for any breach of this warranty. If such services have separate terms and conditions, you must also agree to these terms in order to use the service.

Any material you upload or contribute to our Site will not be considered confidential. You agree that Lindt will have the right to use, copy, distribute and disclose to third parties any such material for any purpose without compensation or acknowledgement of its source. Lindt also has the right to disclose your identity to any third party who is claiming that material posted or uploaded by you to the Site constitutes a violation of their intellectual property.

Lindt will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other users of this Site. Lindt has the right to remove any material or posting you contribute to the Site.

Content Standards

These content standards apply to any and all material which you contribute to the Site and to any interactive services associated with it.
Your contributions must:
• be accurate (where they state facts);
• be genuinely held (where they state opinions); and
• comply with applicable Australian law.
Your contributions must not:
• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case; and
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

When a breach of these Content Standards has occurred, Lindt may take such action as it deems appropriate, including immediate, temporary or permanent withdrawal of your right to use our Site, the removal of postings or uploaded material without informing you and legal proceedings against you for reimbursement of all of Lindt's costs resulting from your breach.

Linking to the Site

You may link to our Site provided you do so in a way that is fair and legal and does not damage Lindt's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement from Lindt.
Lindt reserves the right to withdraw linking permission without notice. The website you are linking to must comply with the content standards (set out above).

Links from the Site

Lindt is not responsible for the contents of any website operated by a third party which may be accessed via this Site, and Lindt does not accept any obligation, gives no assurance, and assumes no liability or responsibility (whether express or implied) in relation to any content on any other website. All links on this Site are provided for your convenience only and do not imply that Lindt approves or recommends the content of such websites.

Intellectual Property

The Lindt name, logo, corporate symbols and trade marks are the sole property of Lindt’s Parent or one of the members of the Lindt Group, and no permission is given in respect of their use. The Site and its contents are protected by international copyright laws and other intellectual property rights. Unless otherwise indicated as between Lindt and the user of the Site, Lindt and/or its Parent is the owner of the copyright and all other intellectual property rights in the Site and its contents. Save as set out below, no part of the Site may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of Lindt.
You may retrieve and display the content of the Site on a computer screen, or print one copy of such content (including, nutritional information, recipes and the Privacy Policy) for your own personal use, provided you keep intact all and any copyright and proprietary notices. Use of the content otherwise than in accordance with these Terms may expose you to claims for infringement of our intellectual property rights of the Lindt Group and/or of third parties.

Liability

The Site is provided without any warranties or guarantees. To the extent permissible by any applicable law, Lindt, its associated companies and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of this Site, or reliance on the Site, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the Site (whether negligent or not), except that nothing affects any liability of Lindt, its associated companies and their officers, directors, employees, shareholders or agents of any of them for death or injury caused by their negligence or any other liability which may not be excluded or limited by law. If Lindt is liable for breach of any implied warranty or condition that cannot be excluded, such as the consumer guarantees under the Competition and Consumer Act 2010 (Cth), then Lindt’s liability shall be limited to, at Lindt’s option, in the case of goods, replacing or repairing the goods, or in the case of services, re-supplying the services, or paying for the costs of re-supplying the services.
Whilst Lindt makes reasonable attempts to exclude viruses or other destructive computer codes from the Site, it does not accept any obligation, gives no assurance and assumes no liability or responsibility (whether express or implied) in relation to viruses or such computer code. You should take all appropriate safeguards before using the Site or downloading from the Site.

Governing Law

Any interpretation of the content of this Site, claims or disputes (of whatever nature and not limited to contractual issues) shall be limited to the non-exclusive jurisdiction of the courts of Australia, under the law of the State of NSW.

General

If any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Lindt's failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Lindt in writing.
The section titles in the Terms are for convenience only, and have no legal or contractual effect.

Competitions

At different times Lindt may run competitions and promotions on this Site. When said competitions and promotions are run, they will be accompanied by a set of Competition or Promotion Terms and Conditions which must be agreed to before entering any competition.
Collection of Information
Elements of the Site may require you to enter certain details on the Site. Lindt policies in regards to the collection and use of Personal Information can be found here in the Privacy Policy. Please read this policy before entering any details into the Site.
This Terms and Conditions Policy was last updated on 8th September 2020.

Collection of Information

Elements of the Site may require you to enter certain details on the Site. Lindt policies in regards to the collection and use of Personal Information can be found here in the Privacy Policy. Please read this policy before entering any details into the Site.

This Terms and Conditions Policy was last updated on 8th September 2020

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