Contract Terms—Kitchen Online Store

1. General

1.1 The Kitchen online store is an online food service (hereinafter the "Service") provided by Fazer Food Services (hereinafter "Fazer"). Fazer is responsible for the Service, which is produced in cooperation with the Danish company Hedal-Kruse-Brohus.

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 and conditions. The Service contains notices and operating instructions specifying these terms and conditions.

1.3 Fazer has the right to amend these contract terms. The Customer’s use of the Service constitutes acceptance of such changes. The currently valid terms are available on the Service's homepage.

2. Registration

2.1 Registration is optional, and orders may also be placed without registration.

2.2 The Customer registers as a Service user by filling in a contact details form and by choosing a user ID and password.

2.3 The Customer must be a natural person of full legal age and capacity.  The Customer may also be a legal person, but in such cases, the Customer is not entitled to the rights of a consumer customer. The Customer shall be responsible for the accuracy of the information he or she provides to Fazer and for the use and storage of the user ID and password.

2.4. Fazer has the right to refuse registration and, if necessary, cancel the Customer's user ID.

3. Personal data and the use thereof

3.1 The personal data of the Service's customers is collected and stored in a customer register maintained by Fazer. The use of the personal data has been described in the file description (see Privacy policy).

3.2 The Customer has the right to check any personal data concerning him or her, edit the data or have it removed from the register altogether.

4. Opening hours and orders

4.1. The pick-up service is open during the hours indicated in the Kitchen online store on the days on which Fazer's Amica restaurants (hereinafter the "Restaurant" or “Restaurants”) are open.

4.2 The Restaurants' products can be ordered through the Service's homepages.

5. Products and prices

5.1 The Service's range of products consists of the product range displayed on the Restaurant's pages on any given day in the Kitchen online store.

5.2 The products' currently valid prices are available on the pages of the Kitchen online store. All prices are inclusive of value added tax.

5.3 An ordered product may be temporarily unavailable. In such cases, the Customer will be contacted for a negotiation on a substitute product. Primarily, the Customer will be provided with a product equivalent to the product that is unavailable. The substitute product is sold for the same price as the product ordered by the Customer. Fazer will attempt to find a product that is as close to the ordered, unavailable product as possible in terms of quality and price.

5.4 When the product is picked up, the Customer is provided with a list which itemises the products ordered by the Customer.

6. Payment

6.1 Ordered products are paid for with a payment card in connection with the placement of the order. The Customer will be emailed an electronic receipt for his or her order.

6.1.1 When the Customer pays for his or her order with a Visa or MasterCard, Fazer acts as the seller and marketer of the products and services and delivers the products to the buyer. The payment service provider is Verifone Finland Oy.

Verifone Finland Oy
Vantaankoskentie 14 C
01670 Vantaa, Finland
Switchboard: +358 9 477 4330
Fax: +358 9 436 2490
Business ID 0943819-9
VAT no. FI09438199

6.1.2 When the Customer pays for the order, the payment transaction is handled by Verifone Finland Oy. The card details are collected using a secure, SSL-encrypted form. The store's own system does not collect or store any card details.

7. Delivery

7.1 The products can be picked up from the Restaurant's pick-up point. The pick-up service is open during the hours indicated in the Kitchen online store on the days on which Fazer's Amica Restaurants are open.

8. Cancellations and right of return

8.1 According to the Consumer Protection Act, the right to withdraw from a distance selling contract does not apply to individual deliveries of foodstuffs or restaurant services if the business undertakes to perform the service at a given time or within a given period. Thus, the Customer may not cancel a Service that has been ordered and paid for. Nor do corporate customers have the right to cancel their orders.

9. Product defects and incomplete deliveries

9.1 The Customer must check that he or she receives all the ordered products immediately upon delivery. In the event that the Customer suspects a product of being defective or that the delivery is incomplete, the Customer should notify Fazer thereof immediately and no later than within seven (7) days of the delivery. However, a consumer has the right to file a complaint concerning a defective product with the Restaurant in which the product was prepared within two months of becoming aware of the defect.

9.2 In the event that a defect is discovered, Fazer will remedy the defect in the manner it deems best, by cancelling the transaction concerning the product in question and refunding the transaction price to the Customer, by delivering a product free from defects or a product that substitutes for the defective product, or by granting the Customer a reduction in price equal to the price of the defective product.
If the delivery is incomplete and ordered products are missing without advance notice or substitute products to that end (provided that the Customer has accepted a substitute), the Customer will be refunded according to the price of the missing products.

10. Customer complaints

10. The receipt itemises the products ordered. Fazer undertakes to prepare the products up to the point where they are ready to be picked up and as per order, subject to the limitations mentioned in the section "Limitation of liability". If, nevertheless, defects are discovered in the delivery or product, the Restaurant from which the products in question were picked up should be contacted.

11. Intellectual property rights

11.1 All rights to the content of the Service are the property of 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.

12. Limitation of liability

12.1 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 a Force Majeure event.

12.2 Fazer shall not be liable for any indirect or consequential damage or loss. Regarding corporate customers, Fazer's liability is in all cases limited to the refund of the price of the defective/delayed/missing product.

12.3 These terms do not limit any liability that cannot be excluded or limited on the basis of mandatory consumer protection legislation.

13. Applicable law and settlement of disputes

13.1 Any disputes between the Customer and Fazer are subject to Finnish law and shall be settled in a district court.

14. Details of the service provider

14.1 Fazer Food Services Oy, business ID 0873697-9, Laulukuja 6, 00420 Helsinki, Finland

15. Contact information
Customer service, tel. +358 20 729 6343