Welcome to the https://www.laderach.in website, a site owned and maintained by Dharampal Satyapal Foods Ltd for the brand “Läderach Chocolatier Suisse” or “Läderach Swiss Chocolatier” who are its sole importer and distributor for Republic of India.
This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of this website (www.laderach.in) and the purchase of products on it (hereinafter referred to as the "Conditions").
For the aforesaid purpose the use of terms & words “our”, “ourselves”, “we” and “us” would refer to Dharampal Satyapal Foods Limited (DSFL), while the user shall be referred to as ''you'', ''your'' and ''yourself'' which shall mean any natural or legal person who is accessing the website, its contents and using the services offered on or through the website.
These Conditions may be modified. It is your responsibility to read them periodically, as the Conditions at the time of using the website or concluding of the relevant Contract shall be those that apply.
These Conditions are published under the requirements specified by Information Technology (Reasonable security practices and procedures and sensitive personal data or information) rules, 2011, made under the Information Technology Act, 2000.
2. Our Details
Sale of products through this website is carried out under the name Laderach by Dharampal Satyapal Foods Ltd., an Indian company with registered address at 4828/24, Plot No-2, G/F Basement, Ward No. XI, Darya Ganj, Central Delhi, Pin - 110002, with e- mail address firstname.lastname@example.org, telephone number 0120-4032223.
3. Your Details and your Visits to this Website
When you use this website and place orders through it, you agree to:
- Use this website to make enquiries and for legally valid orders only.
- Not to make any false or fraudulent Login ID and/or orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and inform the competent authorities.
- If you do not provide us with all the information we need, you cannot place your order.
- When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into binding contracts.
- This website is controlled and operated DSFL from its registered office. DSFL makes no representation that materials in the Sites are appropriate or available for use in other locations and other countries. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- If any provision of this document is be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from this document and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by DSFL.DSFL may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. We therefore ask you to regularly access this section to check the publication of the most recent and updated Terms. If you do not agree, in whole or in part, with the Terms, please do not use the website.
5. Formalising the Contract
6. Technical means to correct Errors
In case you detect that an error occurred when entering your personal data during your registration as a user of this website, you can modify them in the section "My Account".
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, telephone or email address above to correct the error.
7. Availability of Products
All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.
All product orders are subject to availability. In the event any of the product listed on the website is not in stock, you will have the option to pre book the same, subject to confirmation of the order once the same is in stock. In case you opt for the pre booking facility, you will be notified on mail with respect to the pre-booked order and once the same is in stock, our associate will contact you for confirmation of the order delivery. Once you have confirmed the order to our associate, the procedure as stated in clause 5 above shall be followed and the same shall accordingly constitute a written agreement between us. Our associate will contact you for confirmation of the order delivery, once in stock and in case the same is not confirmed from your end within 4 days, from the time of communication by our associate, the pre booked order shall be deemed to be null and void and we will not be responsible for any delivery with respect to the same. In such an event, we reserve the right to use the available stock for fulfilling other orders placed on the Website.
8. Refusal to process an Order
We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.
Notwithstanding Clause 8 above regarding product availability and except for extraordinary circumstances, we will endeavour to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 04 days from the date of the Order Confirmation.
Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone. There might be certain zones where we do not deliver and we urge you to make sure that you fall within our delivery zone before placing order(s). Although we are constantly making endeavours to add more delivery zones, however, we do not assume any responsibility or obligation towards the same.
If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.
For the purpose of these Conditions, the "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.
10.Inability to deliver
If it is impossible for us to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our store.
We will also leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organize delivery on another day.
If your order has not been delivered on grounds not attributable to us, we will contact you and, if four (04) days later of the date when the item was made available to you, it would remain uncollected, or you would refuse to collect it, it will be deemed to have been abandoned. For further information, please contact us via our Customer Service.
11.Transmission of risk and ownership of the Products
The products shall be under your responsibility from the moment of delivery to you as outlined in Clause 10 above.
You will take ownership of the products when we receive full payment of all amounts due, including delivery charges, or at the moment of delivery (as defined in Clause 10 above), if that were to take place at a later time.
12. Price and Payment
The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be refunded to you in full. Please click on the Cancellation and Refunds section at the bottom to visit our policies on the same.
The prices on the website include Goods and Service Tax (GST), duties and cesses but exclude delivery or return charges, which are added to the total price as indicated in our Shopping Guide (see the section on Delivery/ Return Charges).
Prices may change at any time without any prior information. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account" area.
In case you opt for pre booking facility as stated in clause 7 above, no payment will be required to be made at the time of pre booking. Once our associate contacts you for confirmation on delivery of the pre booked order, the same shall be considered confirmed once you choose an appropriate payment method as available on the Website. Please note that until and unless you process the order and make/choose a payment method as per steps in clause 5, the order will not be deemed to be confirmed and we shall not be required to deliver the same.
You may use, as payment method, debit or credit cards in India, with Visa, Mastercard, American Express and Rupay, or by Bank transfer such as mobile or internet banking or by UPI or cash on delivery (COD). In case you opt for COD, please ensure that the amount as stated in the Order Confirmation is paid to our delivery agent.
To minimise the risk of non-authorised access, your credit card/ debit card/ net banking (mobile or internet) details will be encrypted. The payment will be due and payable immediately at the time of placing of the order.
When you click "Authorise payment ", you are confirming that the credit card is yours.
Credit cards and debit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment (either by credit card / debit card / bank transfer), we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.
An online invoice will be provided to you in the section ‘Invoices’ of ‘My account’.
Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to all applicable taxes including but not limited to GST, duties, cesses, etc.
15. Use of Materials on this Website
The trademarks, service marks, brand identities, titles, characters, trade names, graphics, designs, copyrights, and other properties appearing within this Website are protected intellectual properties used by DSFL and/or its related companies and/or those who grant us the licence for their use. These properties may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details. Nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
16. Intellectual property
You should assume that everything you see or read on this Website is copyrighted (unless otherwise noted) and may not be used except as provided in these Conditions or in the text on this Website without the written permission of DSFL. DSFL neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with DSFL. Images, photographs, or illustrations displayed on this website are either the property of, or used with permission by, DSFL. The use of these materials by you or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on this website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statues.
The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, copyrights, and other properties appearing within this Website (collectively, the “Trademarks”) displayed on this Website are protected intellectual properties that are registered and unregistered trademarks of Läderach Chocolatier Suisse and its affiliates. Nothing contained on this Website should be construed as granting, by implication, or otherwise, any license or right to use any Trademarks displayed on this Website without the written permission of DSFL or such third party that may own one or more of the Trademarks displayed on this Website. Your misuse of the Trademarks displayed on this Website, or any other content on this Website, except as provided herein, is strictly prohibited.
17. User Submissions/obligations
In the event that you submit any feedback, suggestions or comments on our website, we reserve the right to use such information without any compensation to you. Any data or information submitted by you must conform to the following requirements
- It must not infringe any patent, trademark, copyright or other proprietary rights.
- It must not violate any law for the time being in force.
- It must not deceive or mislead us about the origin of such messages or communicate any information which is grossly offensive or menacing in nature.
- You must not impersonate another person.
- Must not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
You agree to indemnify, defend and hold harmless DSFL and its associate entities, directors, employees and agents from and against all and any claims, damages and expenses on account of your use of this website.
19. Limitations of liability
In no event shall DSFL or its associate entities, its directors, employees, agents or suppliers be liable to you for any special, incidental, indirect, consequential, foreseeable or punitive damages, whether or not DSFL has been advised of such damages, on account of your use of this website.
Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.
Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
- loss of income or sales;
- operating loss;
- loss of profits or contracts;
- loss of forecast savings;
- loss of data; and
- loss of business or management time.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.
All product descriptions, information and materials shown on this website are provided "as is", with no express or implied warranties on the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the products are in conformity with the Contract if they: (i) comply with the description given by us and possess the qualities that we have presented in this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality which are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.
21. Viruses, Piracy and other Computer Attacks
You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorised access to this website, the server on which the site is hosted or any server, computer or database related to our website. You undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service.
Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorisation to use this website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.
22. Links from our Website
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.
23. Written Communication
The applicable regulations require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights.
24. Events beyond our control
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure").
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout or other forms of protest.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
25. Governing Laws
This Website is intended for users from India only. DSFL makes no representation that the products and the content of this website are appropriate or available in locations other than India.
The relationship between you and DSFL established through this website shall be governed by the Indian Law without reference to conflict of law principles and shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and you hereby accede to and accept the jurisdiction of such courts.
This website is owned and operated by Dharampal Satyapal Foods Limited (DSFL). This website is on an "as is" basis and we disclaim any warranty of any kind, express or implied. We reserve the right to terminate these terms and restrict access to any user at any time without any prior notice, as available under the Indian Laws.
27. Waiving Rights
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above.