Order and delivery terms for business service

Order and delivery terms for the Design Your Own Karl Fazer Milk Chocolate business service

10 October 2019

1. General 

1.1. Fazer Store online store is Fazer Confectionery Ltd’s (hereinafter “Fazer”) e-commerce service (hereinafter the “Service”) for foodstuffs.  

1.2. These contract terms contain the terms and conditions concerning the use of the Service as well as the terms and conditions concerning orders and deliveries. In registering for the Service or when purchasing products from the Service, the Service user (hereinafter the “Customer”) accepts the terms and conditions and undertakes to comply with these terms. The Service contains notices and operating instructions specifying these terms and conditions. 

1.3. The terms and conditions valid at a given time are available on the fi.fazer.com website. 

1.4. The Products available in the Service are meant for consumption, not retail sales. Fazer makes separate distribution agreements with distributors.

2. Registration 

2.1. If necessary, the Customer registers as a Service user by completing a contact details form and choosing a User ID and password.  

2.2. The Customer is responsible for the accuracy of the information they provide to Fazer, and for the use and storage of the User ID and password. The User ID or password may not be disclosed or handed over to third parties. 

2.3. Fazer confirms the registration separately. However, Fazer has the right to refuse registration and cancel the Customer's User ID if necessary. 

3. Personal data and the use thereof 

3.1. The personal and company information of the Customers using the Service are collected and recorded in the customer register maintained by Fazer. The use of personal data is described in the privacy statement. Personal data is mainly collected to produce the Service and for the delivery of the products. 
3.2. The Customer is entitled to check their personal data and request that it be amended or deleted entirely from the register.  Read Fazer’s privacy statement. 

4. Order 

4.1. The products are ordered from the online store or on the basis of communication with the online store’s business sales. The customer service of Fazer’s online store can be reached via email (candystore@fazer.com) and by phone (+358 50 3246758).  

4.2. The order becomes binding on Fazer once it has been separately confirmed by Fazer. Fazer retains the right not to accept an order if, for example, a personalised order was contrary to generally accepted good practices or otherwise inappropriate in Fazer's view or if Fazer has reason to doubt the solvency of the Customer. Fazer may also use this right after submission of the order confirmation. Fazer endeavours to notify the Customer of the matter as soon as possible. The Customer is not entitled to cancel the order apart from the situations separately mentioned in the terms of use. An order that concerns personalised or custom-made products cannot be cancelled after their production has commenced. 

5. Product prices 

5.1. Fazer and the Customer agree on the prices valid for the Products separately. The prices are exclusive of delivery costs. Product delivery costs are always added to the invoice in accordance with the actual costs. 

6. Payment  

6.1. The ordered products and delivery costs shall be paid by invoice after delivery of the products. The terms of payment are 14 days net. Interest on late payment pursuant to the Interest Act is charged for late payments. 

7. Delivery 

7.1. The estimated delivery time is stated in connection with the order confirmation. The estimate is not binding on Fazer.  Product delivery costs are always added to the invoice in accordance with the actual costs. 

7.2. The customised Product ordered through the Service is delivered from the warehouse of our partner. The handling and delivery times of these Products is longer than that of other products, i.e. approximately 10–14 days unless otherwise agreed.  

7.3. The orders are handled no later than on the working day following confirmation of the order, after which the Products ordered are submitted for delivery by the transport company. 

7.4. The Products will be delivered to the company address provided by the Customer. Products can be ordered to a single delivery address or multiple delivery addresses. The Customer is responsible for the accuracy of the delivery address. We provide the Customer with separate delivery confirmation and tracking links on customised Products when the Products depart from our partner’s warehouse. In Finland, the customised Products are delivered via Posti, and any shipments abroad are delivered via DHL unless otherwise agreed. Our online store delivers products to the EU area. 

8. Returns  

8.1 The Customer must check the accuracy of the delivery immediately upon receipt of the delivery. If the Customer suspects that the product is faulty or the delivery is incomplete, the Customer must present the complaints related to the deliveries to Fazer immediately, or no later than within 3 days of receipt of the product. If a defect is discovered in the product, Fazer will repair the defect in the manner it deems best by i) delivering a flawless or substitute product to replace the defective product; or ii) cancelling the sale of said product and reimbursing the product price to the Customer. 

8.2. The Customer is not entitled to cancel or return the products ordered unless the ordered products are defective. The Customer is not entitled to make a complaint in terms of a product defect attributable to Fazer having delivered the product and its personalised content in accordance with the Customer’s instructions. Fazer is not liable for the conditions of the delivery address not meeting the recommendations set for the product’s preservation qualities (such as a product’s delivery to a mailbox in summertime). Thus, it is the Customer’s responsibility to transfer the product as soon as possible after the delivery to appropriate storage facilities. 

9. Intellectual property rights 

9.1 All rights to the content of the Service belong to Fazer or its Group companies. All material on the website (such as texts, pictures, logos, trademarks and other protected material) is the property of Fazer or its Group companies. Copying or use of the material is forbidden without the consent of Fazer. 

9.2 If Fazer has completed a personalised order, on the Customer's request, the Customer warrants that the material or content it has delivered for the personalised product is not contrary to generally accepted good practices and does not infringe upon the rights of third parties. The Customer shall be liable to Fazer for all damage or loss incurred by Fazer as a result of the material or content delivered by the Customer or from the fact that it violates generally accepted good practices or the rights of third parties. Fazer retains the right to not accept or deliver an order for a justified reason, such as, if the personalised order is, in Fazer's view, contrary to generally accepted good practices.  

10. Limitation of liability 

10.1 Fazer does not guarantee uninterrupted operation of the Service. The same restrictions apply to the Service that apply to the Internet in general; for example, simultaneous connections from many users may cause congestion in the Service and affect its availability. Fazer shall not be liable if the Customer's order is not received as a result of inactivity of the information network or data connections. Fazer shall not be liable for any delays caused by force majeure. Furthermore, Fazer shall not be liable for any errors occurring during the delivery. 

10.2 Fazer shall not be liable for any indirect or consequential damage or loss. Fazer's liability is in all circumstances limited to the value of the defective/delayed/missing products. 

11. Applicable law and settlement of disputes

11.1 These terms and conditions are subject to Finnish law, with the exception of its conflict rules, unless otherwise required by the mandatory legislation of the Customer’s domicile. The parties shall attempt to settle any disputes arising from these terms and conditions or the application thereof primarily through negotiations. If the negotiations do not lead to a settlement, the disputes are settled in the District Court of Helsinki, Finland.  

12. Details of the service provider  

12.1 Online store’s customer service 
Fazer Confectionery Ltd (Business ID 0728786-8) 
Visiting address: Fazerintie 54, 03600 Vantaa, Finland 
Email: candystore@fazer.com 
Phone: +358503246758 

12.2 Administrator of online store 
Fazer Confectionery Ltd (business ID 0728786-8) 
Visiting address: Fazerintie 6, 01230 Vantaa, Finland 
Postal address: P.O. Box 4, 00941 Helsinki, Finland 
Fazer Privacy Statement