MyLindt Terms & Conditions
1. Scope and Purpose
1.1 The following terms and conditions ("Terms") apply to the MyLindt Rewards ("Loyalty Program") operated by Lindt & Sprungli (Canada) Inc. 900-181 University Ave, Toronto, ON, M5H 3M7, 416-351-8566, contact form available under www.lindt.ca ("Lindt", "we", "our", "us") in Canada. The Loyalty Program only addresses consumers, i.e. natural persons who enter into a legal transaction for purposes that predominantly are outside their trade, business or profession.
1.2 "You" or "your" within the meaning of these Terms refers to all users that register for the Loyalty Program on www.lindt.ca ("Website") or in person in a Lindt retail store participating in the Loyalty Program ("Lindt Retail Store"; for further information please refer to our Website).
1.3 The Loyalty Program entitles you to receive certain benefits and can grant you certain coupons.
2. Registration and creation of a Customer Account
2.1 You are eligible for the use and participation in the Loyalty Program if you are at least 18 years of age. Participation in the Loyalty Program does not require you to make any purchases and is free of monetary charge.
2.2 You can register for the Loyalty Program online or in a Lindt Retail Store by filling out the required fields (salutation, first name, last name, email address, password) ("Registration Data") in the registration form and clicking on the "Create an account" button. The Registration Data provided by you during the registration process must be correct. Before submitting the registration form, you may identify and correct input errors, if any.
2.3 By registering, you create a customer account ("Customer Account") and enter into a contract with Lindt regarding the membership in the Loyalty Program subject to these Terms ("Agreement"). The terms of the Agreement will be stored by Lindt after the conclusion of the Agreement but are not longer accessible to you.
2.4 You are obligated to store the Registration Data for your Customer Account, in particular the password, securely against access of third parties. A disclosure of the Registration Data to third parties is not permitted.
2.5 You must inform Lindt immediately in case of a suspected possible misuse of the Registration Data. In such case, Lindt is entitled to block any access of you to your Customer Account. You will be liable for any consequences of the unauthorized use of the Registration Data by third parties, unless you are not responsible for the unauthorized use.
3. Loyalty Program member card
When you register for the Loyalty Program you will be provided with a digital member card ("Member Card"). The Member Card contains a barcode that can be scanned at Lindt Retail Stores for identification, as well as your MyLindt card number. The Member Card can be printed, screenshotted or added to a digital Wallet from Apple or Google.
4. Coupons and Program Benefits
4.1 As long as you are registered with the Loyalty Program it comprises the following:
· After registering for the Loyalty Program, you will receive a coupon that you can redeem after your registration ("Welcome Coupon").
· Access to one or more products on a regular basis which will be discounted exclusively for members of the Loyalty Program.
· Individualized discounts (if you have consented to advertising and marketing).
· You will receive a defined number of discount coupons based on your spend for the respective calendar year (further details can be found on our website, www.lindt.ca). The amount of your spending will be reset to CAD 0 at the beginning of each new calendar year, with the first reset of your spending taking place on December 31, 2025. Shipping costs, gift card spend and tax will not count when calculating your spend.
· If you have provided your birthdate in the Registration Data, you are entitled to a reward for your birthday as long as you are registered with the Loyalty Program ("Birthday Surprise").
· Access to exclusive promotions, services and events.
4.2 If transacting online, you must be logged into your Customer Account so that any spending is credited to your Customer Account and you can receive coupons and program benefits you are entitled to. Offline spend (purchases in the Lindt Retail Stores) is also credited to your Customer Account if the Member Card was recorded in these purchases.
4.3 You can redeem rewards at the Lindt online shop or at any of the Lindt Retail Stores in Canada by a voucher code.
4.4 Rewards and vouchers cannot be transferred to any third party and cannot be redeemed in cash.
5. Statutory Warranties
You have all legal warranty rights granted to consumers under applicable law, if any, and any additional rights defined in these Terms.
6. Liability and claims for damages
6.1 Lindt's liability for damages caused by slight negligence, irrespective of its legal ground, shall be limited as follows:
a) Lindt shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
b) Lindt shall not be liable due to a slightly negligent breach of any other duty of care applicable.
6.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, and liability for culpably caused injuries of life, body or health. In addition, such limitations of liability shall not apply if and to the extent Lindt has assumed a specific guarantee.
6.3 Sections 6.1 and 6.2 shall apply accordingly to Lindt's liability for futile expenses.
6.4 You shall be obliged to take adequate measures to avert and reduce damages.
7. Term and Termination
7.1 The Agreement is concluded for an indefinite time.
7.2 The Agreement may be terminated by you without cause at any time. If you ask for deletion of your Customer Account, this will be deemed a termination. In case of a termination, the registration will be extinguished and you lose the right to access your Customer Account and its content. The notice period for terminations by Lindt is three (3) months.
7.3 The right to termination for cause of you and Lindt remains unaffected.
7.4 Notice of termination must be given in at least in text form, e.g., by email to [consumerservice-ca@lindt.com]. Lindt may also give notice of termination when you log into your Customer Account by means of a notice displayed on the website.
8. Data protection
For information on the collection and processing of personal data in connection with the Loyalty Program please refer to our Privacy Notice [https://www.lindt.ca/en/privacy-notice].
9. Customer service and settlement of disputes
9.1 You may contact our customer service in case of questions, returns or complaints by using the telephone number [1-866-374-1914] or by email under [consumerservice-ca@lindt.com].
9.2 Lindt does not and is not obligated to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers.
10. Changes to these Terms
10.1
Lindt reserves the right to make reasonable changes to the Terms. In particular, Lindt occasionally makes legally required updates, which are changes that keep our Loyalty Program compliant with applicable law. We also may make these updates to our Loyalty Program for security reasons and to ensure that they meet expected quality standards (e.g. those described in Section 5). Furthermore, we may change our Loyalty Program for the following additional reasons: (i) to adapt to new technologies, (ii) to accommodate an increase or decrease in the numbers of members of the Loyalty Program, (iii) to adapt to important changes in licenses or partnerships with third parties, (iv) and to prevent abuse or damage.
10.2
You will be notified in advance by us about any changes to these Terms. If you do not reject those changes in text form (e.g. email) within 4 weeks after the changes come into effect, the changes are deemed to be agreed. We will expressly notify you about the right to reject and the consequences of being silent.
10.3
If you reject, we reserve the right to terminate the Agreement in accordance with Section 7 above.
11. Choice of law and jurisdiction
11.1
These Terms and Conditions are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its choice of law principles. However, if you reside in Quebec then these Terms and Conditions are governed by the Province of Quebec and the laws of Canada applicable therein.
11.2
The courts of the Province of Ontario and the Federal Courts located therein shall be the exclusive venue for any disputes arising from or in connection with the Agreement. However, if you reside in Quebec then the courts of the Province of Quebec and the Federal Courts located therein shall be the exclusive venue for any disputes arising from or in connection with the Agreement. Any mandatory venue rules will remain unaffected hereof.
12. Miscellaneous
12.1
Deviating, conflicting or supplementing terms and conditions of you shall only govern the participation in the Loyalty Program if explicitly accepted by Lindt in writing.
12.2
The Agreement is the entire agreement between you and Lindt regarding the participation in the Loyalty Program and supersedes all prior agreements, written or oral, between the parties with respect to the subject matter.
12.3
Any amendments and additions to these Terms and the Agreement as well as notifications necessary for their execution require text form (including email, fax) to be effective. The text form requirement can only be overruled in text form.
12.4
Should any of the provisions of these Terms be or become invalid in whole or in part, this shall not affect the remainder of the contract concluded with you.
Version: August 12, 2024