Läderach Terms of Business (online sales and purchases)

Last modified: August 2023

Thank you for visiting uk.laderach.com and shop.uk.laderach.com/uk_en

We hope you will enjoy your online experience as much as in store. These are our online Business to Consumer Terms and Conditions of contract. By confirming your purchase, you accept that these Terms and Conditions form the basis of the contract between us (see more at Clause 1 below). Your statutory rights are not affected.

In this contract:

• ‘we’, ‘us’ or ‘our’ means Läderach (UK) Ltd;
• ‘you’ or ‘your’ means the customer purchasing our Product(s);
• ‘Order’ means an order placed by a customer via our website for our Product(s);
• ‘Product(s)’ means the Product(s) which are offered for sale by us on our website;
• ‘Terms and Conditions’ means these terms and conditions of the contract between you and us for the sale by us and the purchase by you of the Product(s).

Do you need extra help?

If you would like these Terms and Conditions to be made accessible in another format (for example: audio, large print, braille) please contact us using one of the methods on our contact us page: https://uk.laderach.com/contact-us.

1. Introduction

1.1 Our FrischSchoggi products have a shelf life of 2 to 6 weeks from the date of purchase. All other products’ shelf life is typically 6 to 12 weeks, unless otherwise specified in the product description or on the product label. We store our Products in special conditions at between 18 -24 celsius in order to maintain them at a high qualitive saleable condition. Our Products are therefore perishable.

1.2 If you buy Product(s) on our website you agree to be legally bound by these Terms and Conditions. Please read these Terms and Conditions carefully and ensure that you understand them before ordering, because you will be required to accept these Terms and Conditions when ordering the Product(s). If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Product(s) through our website.

1.3 These Terms and Conditions of contract apply only if you are buying Product(s) on our website as a consumer and by proceeding you warrant that you are categorised as such. You will not be categorised as a consumer if you are purchasing as a business, trade or profession and if that does apply to you then please refer to our Business to Business Terms and Conditions at https://shop.uk.laderach.com which will be applicable to the purchase of the Product(s). If you are a company and wish to place an order and pay by invoice, please contact us at [email protected].

1.4 These Terms and Conditions of contract are available in English only.

1.5 You also agree to be legally bound by our Acceptable Use Policy,Terms of Use, Privacy Policy and Cookies Policy all of which are available at https://shop.uk.laderach.com

2. Information we give you

2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

2.1.1 visit https://shop.uk.laderach.com

2.1.2 read the acknowledgement email (see Clause 4.3); or

2.1.3 contact us by visiting: https://uk.laderach.com/contact-us

2.2 If we have to change any key information once a legally binding contract between you and us is made, we will write to you and let you know.

2.3 If the customer enters his or her contact details but does not complete the order by clicking on the [Order] button, Läderach will send him or her reminder emails asking him or her if he or she wishes to complete the order or if there are technical issues. If the customer does not complete the order, the shopping cart will be deleted within 30 days. 

3. Customer Account

3.1 The customer may browse and place orders on Läderach’s websites as a guest.

3.2 The customer also has the option to create a customer account on Läderach’s websites, based on his or her email address and a password chosen by him or her. Only the name and email address are required to create the account. If the customer wishes to benefit from the delivery services of Läderach, he or she will be asked to fill in other personal information such as physical address for delivery and billing purposes and telephone number, so that Läderach can deliver the ordered goods. If the customer has already filled out this information in his or her account, his or her credentials and information will have been saved and he or she will only need to log back into the account to place a new order. The customer account will also keep track of purchase history. Once logged in to the account, the customer will be able to modify his or her data at any time. If the customer wishes to close the account, he or she can write to us at the following email address [email protected].

3.3 If the customer decides to open a customer account with Läderach, he or she is responsible for ensuring that the personal information provided are accurate and up to date before placing any orders. The customer should also ensure that the password chosen when logging in is kept confidential and is not disclosed to anyone.

3.4 Läderach reserves the right to refuse an order and/or terminate a customer account without notice if the account is in breach of these General Terms and Conditions or if it decides that it is in Läderach’s best interests.

4. Data Protection

The customer may browse and place orders on Läderach’s websites as a guest. The customer’s personal data will be collected exclusively in accordance with legal requirements and will be processed in accordance with Läderach’s Privacy Policy.

5. Your privacy and personal information

5.1 Your personal information will be treated in accordance with our Privacy Policy which is available at uk.laderach.com/privacy-policy

6. Ordering Product(s) from us

6.1 Below, we set out when a legally binding contract arises between you and us.

6.2 An Order is placed when you click the Order button but a legally binding contract is not formed at this stage (see Clause 4.3 below for when contract is formed). Please read and check your Order carefully before submitting it as the requested order cannot be changed once it has been submitted.

6.3 Once we receive your order, a confirmation email will be sent to you. This acknowledgement does not, however, mean that your order has been accepted by us. Your order is only accepted when we confirm dispatch of your Product(s) by email.

6.4 We may contact you to say that we do not accept your Order. This is typically for the following reasons:

6.4.1 the Product(s) is/ are unavailable;

6.4.2 we cannot authorise your payment;

6.4.3 you are not allowed to buy the Product(s) from us;

6.4.4 we are not allowed to sell the Product(s) to you;

6.4.5 you have ordered too many Product(s); or

6.4.6 there has been a mistake on the pricing or description of the Product(s).

6.5 If we do not accept your order for one of the reasons set out at Clause 4.4, but payment has already been taken in accordance with Clause 8.3, we will refund the payment in full as soon as possible.

6.6 If you are under the age of 18 you are not permitted to buy any alcoholic Product(s) from our website, and those Products so categorised are set out on the relevant webpage in our description of the Product(s).

7. Right to cancel

7.1 As our Products are perishable (and we cannot resell any products that are sold and delivered to customers), they are exempted from the cooling-off provisions under the consumer regulations and you are not able tocancel and return your order and request a refund or replacement, save for in the circumstances set out at clause 5.2 and 5.3.

7.2 Late Delivery

7.2.1 If we miss the estimateddelivery date specified by us in our email confirming despatch of an Order for Products (“estimated delivery date”), you may cancel your Order straight away if:

7.2.1.1 we have refused to deliver the Products for any reason; or

7.2.1.2 you told us before the contract between you and us was made that delivery by the estimated delivery date was essential.

7.2.2 If you do not wish to cancel your Order straight away (or do not have the right to do so in the circumstances set out above), you can give us a new deadline for delivery, which must be reasonable and which must be agreed by us, and if we are unable to meet the new deadline, you may cancel your Order.

7.2.3 If you do choose to cancel your Order for late delivery in the circumstances set out in this clause 7.2:

7.2.3.1 you can do so for either all of the Order or just part of the Order (unless splitting up the Products in the order would significantly reduce their value);

7.2.3.2 if any of the Products in the Order have been delivered to you, we may ask youto return them to us, and we will pay the reasonable return postage costs (calculated on DHL’s standard next day delivery rate) incurred by you in accordance with clause 5.5 below; and

7.2.3.3 after you cancel your Order we will refund any sums you have paid to us for thecancelled Products and their delivery.

7.3 Faulty or Damaged Products

7.3.1 We must provide Product(s) that are of satisfactory quality, fit for purpose, and/or as described at the time of purchase, in accordance with any pre-contract information we have provided in accordance with clause 2 above.

7.3.2 If any Product(s) you have purchased from us do not comply with their Product description or have faults or are damaged when you receive them, then, where appropriate, and subject to production by you of reasonable satisfactory evidence of damage, we will arrange for a replacement Product(s) to be sent to you, or alternatively we will refund you the price you paid for the Product(s).

7.3.3 Where we deliver a replacement Product(s) and such redelivery of the Product(s) remains unsatisfactory for one of the reasons in clause 5.3.2, we will refund you the price of the Product(s) in the quantity sold.

7.3.4 We are not liable to you for any fault where the product(s) that arrive:

7.3.4.1 are damaged though improper or delayed delivery where the customer is at fault; or

7.3.4.2 become damaged by improper handling or storage of the Products after delivery to you.

7.4 If you wish to exercise your right to cancel an Order in accordance with this clause 5 and request replacement Products or a refund, you must inform us of your decision straight away by completing the online cancellation form here https://shop.uk.laderach.com or by using the following contact details:Telephone: 020 3827 8565; Email: [email protected]; or Post: 254 Regent Street, London, W1B 3AA

7.5 If you cancel this contract, we will send you an email confirming cancellation and we will let you know if we require the return of the Product(s). If we do require return, we will provide you with details of how that can be effected. In normal circumstances you will be responsible for the cost of return of the Product(s), unless the Product(s) are faulty or damaged upon arrival, in which case we will be responsible for the standard cost of return of the Product(s). Costs of return will be calculated on DHL’s standard next day delivery rate. If you choose to use another service provider to return the products, you will not be compensated for any additional costs above the standard next day delivery rate by DHL.

7.6 Where a refund of part or whole of the Order is agreed, we will make the reimbursement within 30 days following cancellation or within 30 days following the day we have received the Product(s) if we have requested you to return them.

7.7 If you have purchased a set of Products where there is a built-in discount per unit,this shall be reflected in any per unit refund.

7.8We will make any agreed refund using the same means of payment as you used for your purchase.

7.9 Late delivery and faulty or damaged Products are the only situations where we can offer a refund or replacement. A refund or replacement will only be offered to customers in such circumstances where the customer is the purchaser and where you can produce an email confirmation of your Order or such other evidence of purchase and showing you as the purchaser of the Product(s).

7.10 You do not otherwise have a right to cancel your Order or any contract between us and we are not otherwise able to offer refunds or allow for a return of ordered Products, in accordance with the Consumer Contract Regulations 2013.

7.11 Please see our Laderach UK Refund Policy (INSERT LINK) for further information.

8. Delivery

8.1 We use DHLand Royal Mail to deliver our Product(s). During the online checkout process, you will be given available delivery options to choose from. For more information on delivery options and costs, please go on to our website and click on Delivery Information https://uk.laderach.com/delivery-information .

8.2 The estimated delivery date and time for delivery of the Product(s) is set out in our email informing you that your order has been dispatched.

8.3 If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery. Please see clause 5.2 for your rights when we issue a revised estimated delivery date.

8.4 Delivery will take place at the address specified by you when you placed your order with us.

8.5 If your Product(s) contains any alcohol content, we cannot deliver the Product(s) if we are unable to properly identify you. We would ask that you provide our driver with a form of ID (passport or photocard driving licence).

8.6 Unless you and we agree otherwise, if we cannot deliver your Product(s) within 30 days of the date of your confirmation of despatch email, we will:

8.6.1 let you know;

8.6.2 cancel your order; and

8.6.3 give you a refund.

8.7 If nobody is available to take delivery, please contact the delivery service provider who may provide you with the option of a reschedule, redelivery or to leave the items with a neighbour or at a safe place, amongst other available options. You shall not be entitled to any refunds which arise as a result of your refusal to accept delivery for your Order.

8.8 You are responsible for the Product(s) once they have been delivered to the address specified by you in your Order and the risk in the Product(s) passes to you when you the Product(s) are delivered.

8.9 We do not make deliveries to any addresses outside of the UK and within the UK we will unfortunately not be able to deliver to the following areas Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles. Deliveries will not be made to Jersey and Guernsey.

8.10 We may deliver your Product(s) in instalments and this information will be provided in your confirmation of dispatch email.

9. Payment

9.1  We accept the following payment methods: Mastercard, Visa, Klarna, Paypal and ApplePay.

9.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Product(s) is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or ourPrivacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us. To avoid a third party gaining unauthorised access to any information that you provide to us, we recommend that you install appropriate anti-virus software on your computer.

9.3 Payment will be taken when the Order is submitted and your card issuer may require authorisation from you.

9.4 If you do not pay for the Product(s) and fail to return them, we may collect the Product(s) from you at your address. We will try to contact you to let you know if we intend to do this.

9.5 Nothing in this clause affects your legal rights to cancel the contract in the circumstances set out in clause 5.

9.6 All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges. For information on delivery options and costs, please see Delivery Information [insert link]on our website.

10. Nature of the Product(s)

10.1 As a consumer, you are given certain legal rights (also known as ‘statutory rights’). The Product(s) that we provide to you must be as described, fit for purpose and of satisfactory quality.

10.2 We are under a legal duty to supply you with Product(s) that are in conformity with this contract.

10.3 The packaging of the Product(s) may be different from that shown on the website.

10.4 While we try to make sure that:

10.4.1 all weights, sizes and measurements set out on the website are as accurate as possible, there may be a small tolerance of up to 5% in such weights, sizes and measurements; and

10.4.2 the colours of our Product(s) are displayed accurately on the website, the actual colours that you see on your device may vary depending on the device that you use

10.5 Any Product(s) sold at discount prices, will be identified and sold as such. We do not accept returns for discounted items.This clause does not apply to Products sold in a set with in built discount, as described at clause 7.7 above.

10.6 If we are unable to supply certain Product(s), we may need to substitute them with alternative Product(s) of equal or better standard and value. In this case:

10.6.1 we will let you know if we intend to do this but this may not always be possible; and

10.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

11. Faulty Product(s)

11.1 We must provide Product(s) that are of satisfactory quality, fit for purpose, and/or as described at the time of purchase, in accordance with any pre-contract information we have provided. If any Product(s) you have purchased from us do not comply with description or, have faults or are damaged when you receive them, please contact us as soon as reasonably possible to inform us of the problem using one of the following methods: by telephone: 020 3827 8565; by email: [email protected]; or by post: 254 Regent Street, London, W1B 3AA.

11.2 Please see clause 7.3 for your rights regarding faulty or damaged Products.

11.3 Nothing in this contract affects your statutory rights. You may also have other rights in law. For more information please visit Citizens Advice website www.citizensadvice.org.ukor call 0808 223 1133.

11.4 The recipient undertakes to inspect the goods immediately upon receipt to ensure they are complete and in acceptable condition. Any complaints relating to the quality and completeness of a delivery must be reported to Läderach online shop immediately and within 24 hours of receipt. Otherwise the delivery shall be deemed accepted.

12. Product Recall

12.1 You agree to notify us immediately if you become aware of a Product(s) which may be defective, faulty or otherwise unsafe for consumption.

12.2 Your notification should include:

12.2.1 a copy of your claim or complaint, and any correspondence exchanged with any third party;

12.2.2 details of the Product(s) supplied, batch and serial number of the Product(s), date on which the Product(s) was received and your Order number.

12.3 We will review and investigate all such complaints promptly and where necessary recall the Product(s) or ensure that corrective actions are taken.

12.4 We have the right to initiate a Product(s) recall or corrective action which is deemed necessary and appropriate without requiring your approval and this shall be made at our sole discretion. Any such recall or corrective actions shall where necessary be notified to the appropriate regulatory body.

13. End of the Contract

13.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

14. Limitation on our Liability

14.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

14.1.1 losses that were not foreseeable to you and us when the contract was formed;

14.1.2 losses that were not caused by any breach of this contract or any negligence on our part;

14.1.3 business losses; or

14.1.4 losses to non-consumers.

15. Not for re-sale

15.1 None of our Product(s) are for resale and the offering for sale of any of our Product(s) is strictly forbidden. We reserve the right to take legal action in respect of any resale or offer for sale.

16. Third party rights

16.1 No one other than a party to this contract has any right to enforce any term of this contract. 

17. Jurisdiction, Law, and Disputes

17.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Product(s) you ordered, our service to you or any other matter, please contact us as soon as possible in accordance with our Complaint Handling Policy (see clause 17.2).

17.2 For more information on our Complaints handling Policy please contact us at [email protected]

17.3 If a dispute cannot be resolved in accordance with our Complaint Handling Policy or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.

17.4 If you would like to pursue ADR, you will need to submit a complaint to Retail ADR (previously the Retail Ombudsman) in writing (at Retail ADR, 12–14 Walker Avenue, Wolverton Mill, Milton Keynes MK12 5TW), by email ([email protected]) or by phone (+44 (0)20 3540 8063).

17.5 If you do not wish to use ADR or you are unhappy with the outcome of ADR, you can still bring court proceedings. 17.6 These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, interpreted, and applied in accordance with the laws of England and Wales.

17.7 Subject to Clause 17.4, any disputes concerning these Terms and Conditions, the relationship between you and us, the Product(s) or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts