Terms of Use

Terms & Conditions

Ferrero Foodservice wants to work in partnership with our customers to develop sustainable business relationships. We also want to ensure we deliver you our great products and service in the right way, so below are our terms and conditions which apply when you are ordering products from our website and which we regularly update in line with legal requirements.

Ferrero UK Limited ("Ferrero," "we," or us") is the owner of the content on and operator of www.ferrerofoodservice.com/en/uk and microsite accessed through the aforementioned website (the "Site"). Please be advised that Ferrero UK Limited is not responsible for any other website maintained by other companies in the Ferrero Group.

Acceptance of Terms of Use

Any documents or links which we refer to in these terms and conditions form part of these terms. Please read these terms and conditions carefully and check you understand them before ordering products from this trade only site. By ordering any of our products, you agree to be bound be these terms and conditions (including our privacy policy, delivery information and terms and conditions relating to promotions) and to comply with all applicable laws. If you do not agree to these Terms of Use, without limitation or qualification, you should not use the Site. We may change these conditions from time to time to reflect changes in how we accept payment from you or changes in relevant laws and regulatory requirements. Each time you order products from us, you should check these terms and conditions to make sure you understand what terms will apply to our contract with you at that time.

These conditions do not affect your legal or statutory rights.

Use of the Website

This website is only intended for commercial business owners, not for individual use. The Products purchases on this website are for commercial use within a business environment not for resale. We reserve the right to deactivate the account of anyone found to be using the website for any use other than in a commercial setting.

Content and Intellectual Property Ownership; Conditional Use of Content.

The content and all other materials on the Site, including, without limitation, the copyrights and other intellectual property rights in the artwork, graphics, photographs, text, video and audio clips, trade marks and logos available on the Site (collectively the "Content") are owned by Ferrero and/or its affiliates and protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site are either the trade marks or services marks (registered or unregistered) of Ferrero, its affiliates and/or its licensors unless otherwise stated herein. Ferrero, its affiliates and its licensors expressly reserve all intellectual property rights in all Content on the Site. No license is granted to you in connection with any Content contained on the Site. In its sole discretion, Ferrero, its affiliates or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Copyright and trademarks

The site www.ferrerofoodservice.com is the exclusive property of Ferrero UK Ltd.

The products and promotional trademarks displayed on the web pages of the Site (including their logos) and all other distinctive, denominative or figurative marks and the slogans related to them are the exclusive property of Ferrero UK Ltd; any use or reproduction of them for any purpose or by any means is expressly and strictly prohibited and will be prosecuted under the appropriate laws.

The web pages that constitute the site and all their content (including, for example, but not limited to: text, images, graphics, sounds) are protected by copyright owned by Ferrero UK Ltd or include material the use of which has been duly authorized; thus their reproduction, duplication, publication, transmission (in whole or in part) in any form or by any means is prohibited. No reproduction of the Site or any part of it may be sold or distributed for commercial purposes. The downloading of material from the Site is permitted only if it is expressly authorised by appropriate indications within the Site; the said authorization regards the use of the downloaded material for personal and non-commercial purposes, any other form of use is strictly prohibited. Nothing contained on the Site may be interpreted as granting, explicitly or implicitly, third parties the license to use Ferrero UK Ltd Trademarks, text, images, graphics, sounds or any other elements protected by rights as per the preceding paragraph. Any material transmitted to the Site by its Users is subject to the specific Regulations which govern the conditions under which material is sent to the Site; Users are recommended to read the Regulations thoroughly before sending any material.

Ferrero UK Ltd takes the greatest possible care in the selection and updating of the Site content; however, Ferrero UK Ltd does not accept any responsibility in the case of missing, incomplete or erroneous information of any kind. Moreover, Ferrero UK Ltd declines any responsibility for any damage that may result to the Users or their property as a consequence of accessing the Site, the impossibility of accessing the Site or the downloading of material from the Site, where this is permitted, including damage to Users’ computers caused by viruses.

User Conduct/Acceptable Use Policy

A Site may provide you with an opportunity to interact with others and share your thoughts, information, and materials. Ferrero expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable conduct by any user, you should contact us and report such activity using one of the options listed below in Section 18.

You are solely responsible for the content, information, and other materials that you post on a Site, submit to a Site, or transmit to other users (including, but not limited to, creative ideas, suggestions, and feedback/information on Ferrero's products and services) ("User Generated Content") and agree that you will not hold the Released Parties responsible or liable for any content, information, or materials from other users that you access on a Site.

Categories of prohibited User Generated Content listed below are merely examples and are not intended to be exhaustive. Without limitation, you agree that you will not post or transmit to other users any User Generated Content that:

• is defamatory, abusive, obscene, profane, scandalous, inflammatory, pornographic, indecent, or offensive;

• infringes or violates another party's intellectual property rights (such as music, videos, photos, or other materials for which you do not have written authority from the owner of such materials to post on a Site);

• violates any party's right of publicity or right of privacy;

• is threatening, harassing, or that promotes bullying, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

• is inaccurate, false, or misleading in any way;

• is illegal or promotes any illegal activities;

• promotes illegal or unauthorized copying of another person's copyrighted work or links to said work, or provides information to circumvent any security measure;

• contains "masked" profanity (i.e., F@&#);

• contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

• contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

We may review, edit, or delete content and materials that you or others send or post to a Site, but are not obligated to do so.

You understand that when using a Site, you will be exposed to content and materials from a variety of sources, and that Ferrero is not responsible for the accuracy, appropriateness, usefulness, safety, or intellectual property rights of or relating to such content and materials.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on a Site. Further, you may not use any such automated means to manipulate a Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell the use of, or access to, a Site to any third party.

Ownership of Material You Send, Post, Submit, or Transmit

Submissions. From time to time, Ferrero may ask that you send, post, submit, or transmit to a Site, User Generated Content. Any User Generated Content that you send, post, submit or transmit is and will be deemed and treated as non-confidential and non-proprietary by Ferrero. Such User Generated Content, upon being transmitted to Ferrero, shall immediately become the property of Ferrero and Ferrero shall exclusively now and hereinafter own all rights, title, and interest therein (subject to any third-party rights). Furthermore, Ferrero and its affiliates, shall be free to use such User Generated Content, without restriction, for any purpose whatsoever (subject to any third-party rights), including, but not limited to, developing, manufacturing, advertising, promoting, and marketing products, WITHOUT COMPENSATION, OTHER OBLIGATION OR ANY OTHER LIABILITY TO YOU, and shall further be entitled to reproduce, disclose, transmit, publish, broadcast, or post in any medium, or edit, modify or delete all or any part of any User Generated Content. Ferrero shall not be liable for disclosure of such User Generated Content or for any similarities in the User Generated Content and any future Ferrero uses or activities.

Notwithstanding the foregoing, Ferrero maintains a policy of not accepting or considering creative ideas, suggestions or materials from the public ("Submissions") and therefore, you should not make any Submissions to Ferrero in any communications through this Site or otherwise. If you do send us a Submission, despite the aforementioned request not to do so, then such Submission shall immediately become the property of Ferrero, Ferrero shall exclusively now and hereinafter own all rights, title and interest therein, and such Submission shall be subject to the terms and conditions set forth in this Section 4 above (including without limitation the freedom to use any Submissions for any purposes whatsoever and without any compensation or other liability to you).

Links to Other Site

A Site may contain links to other website that are not owned, operated, or maintained by us. You should note when you leave a Site and read the terms and conditions and privacy policies of each and every website that you visit. You should also independently asses the authenticity of any website which appears or claims that it is one of our Site (including those linked to through an email). Despite any links that might exist on s Site, we do not control, recommend, or endorse and are not affiliated with these website or their content, products, services, or privacy policies. Viewing any third party site is at your own risk. Downloading material from certain website may risk infringing intellectual property rights or introducing viruses into your computer system.

Privacy

The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we collect, use, disclose, and manage such information, please read our Privacy Policy and Cookie Policy which also govern your use of our Site.

Products

All products shown on our site are subject to availability. If the product you have ordered is not available, we may substitute your product for a substantially similar product of equal or higher value. Of course, if time allows we will attempt to contact you in relation to the proposed substitution, but as the majority of orders are time critical, we may not have time to get in touch with you. However, if the main characteristics of the goods are different to the goods ordered, we will give you the option to reconfirm or cancel your order.

If we are unable to supply you with a product because of an error in the price on our site, we will inform you of this by email and we will not process your order.

All of our products have a shelf-life of 6-8 weeks, unless otherwise specified in the product description.

The images of the products on our site are for illustrative purposes only and your products may vary slightly from those images.

We are under a legal duty to supply goods that conform with the contract agreed between us.

Our Contract with You

These terms and conditions will apply to any contract between us for the sale of products to you. To place an order on our site for a particular product, please click “Add to basket”. You can then click on the basket icon at the top of the page and follow the steps (including providing payment and delivery information) to complete your order. Our order process allows you to check and amend any errors before submitting your order to us.

After placing an order, you will receive an email from us acknowledging the contents and of your order. However, please note that this does not mean that your order has been accepted. Your order will only be accepted by us (and a contract formed) when we dispatch the products to you. We will send you an email confirming that the products have been dispatched.

Delivery

We use a number of couriers, including Hermes, Parcelforce, UPS and Royal Mail in order to provide the highest possible level of service, wherever you are and whatever your specific requirements.

To ensure our products reach you in the best possible condition we use a next day service. Deliveries will be made between Tuesday and Friday with the exception of bank holidays.

Delivery will be completed when we deliver the products to the address you gave us and the products will be at your risk and responsibility from completion of delivery. You own the products once we have received payment in full, including all applicable delivery charges.

Cancellation, Refunds and Returns

We strive to deliver our products in perfect condition and on time. If, however, they do not arrive within the time frame you paid for or are damaged or not as described, we're more than happy to offer a refund or replacement in accordance with the following paragraphs.

If we miss the agreed delivery date for any goods, you may cancel your order straight away if (a) we have refused to deliver the goods or (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances) or (c) you told us before the contract was made that delivery by the agreed delivery date was essential. 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 you can cancel your order if we do not meet this deadline. If you do choose to cancel your order for late delivery in the circumstances set out in this paragraph:

you can do so for just some of the goods or all of them, unless splitting them up would significantly reduce their value;
if any of the goods have been delivered to you, you will have to return them to us and we will pay the reasonable costs of this; and
after you cancel your order we will refund any sums you have paid to us for the cancelled goods and their delivery.

If you change your mind before the order is delivered, for any other reason, or decide that you do not want to receive or keep the goods, you can notify us of your decision to cancel the contract and receive a refund.

You must return the goods to us without delay and in any event not later than 14 calendar days after the day on which you let us know that you wish to cancel the contract. Please return the goods to;

Customer Services

Thornton Park

Somercotes

Alfreton

Derbyshire

DE55 4XJ

The easiest way to cancel a contract is to send an email to foodserviceenquiries.uk@ferrero.com. Your cancellation is effective from the date you send us the email or return the form.

We will process your refund as soon as possible and in any case within 14 calendar days after the day on which we receive the goods back, or if earlier, within 14 calendar days after the day on which you provide evidence of having sent the goods back. If you have not received the goods from us before cancelling the contract, we will make any refunds due to you within 14 days after you inform us of your decision to cancel the contract.

We will refund the price of the products in full, plus any applicable delivery charges you paid to the credit card or debit card that you made payment with (although in relation to delivery charges, the maximum refund will be the costs of delivery by the least expensive delivery method we offer, provided this is a common and generally accepted method of delivery). Please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling in a way which goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Pricing and Payment

We accept payment by Visa and Mastercard. All orders are positively credit card sanctioned prior to dispatch, so please ensure that the details you provide us with are correct. We require you to supply the registered address of the credit card holder which is used to validate your order with your credit card company. We cannot accept responsibility for an order being held back as a result of incorrect or invalid payment details being given.

The total value of your order will be displayed on the order confirmation screen. The displayed price is the amount in pounds sterling. If you are ordering from outside the UK, we will apply an appropriate exchange rate.

Prices for our products are as quoted on our site and may change from time to time, but changes will not affect any order after we have dispatched the products relating to that order. The price of our products does not include delivery charges, which are quoted on our site from time to time.

Our Website contains a number of products and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. If a product's correct price is higher than the price stated on our website we may at our discretion reject your order without liability to you and notify you of such rejection. We are under no obligation to supply products to you at an incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as a pricing error.

VAT Receipt

All prices include VAT at the appropriate rate, (currently 20%). A VAT invoice will be supplied after delivery has been completed.

Disclaimer of Warranties/Limitation of Liability

YOUR USE OF A SITE IS AT YOUR OWN RISK. THE SITE AND ALL SOFTWARE, SERVICES, CONTENT AND USER GENERATED CONTENT MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or

• use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our terms of use.

If you wish to make any use of content on our site other than that set out above, please contact Ferrero Terms of Use

Applicable Law

These terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Severability

If any term or provision of these Terms of Use shall be held or declared to be invalid, illegal or unenforceable for any reason by any rule of law or public policy, such provision shall be severed to the extent invalid or unenforceable and the remaining provisions shall continue in full force and effect.

Waiver; Remedies

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information

Should you have any questions or comments regarding the Site or these Terms of Use, you may contact us by using our online form available on www.ferrerofoodservice.com/en/uk (click on the "Contact US" link) or at the following:

Ferrero UK Limited

Attn: Consumer Affairs - Terms of Use

889 Greenford Road,

Greenford,

UB6 0HE

United Kingdom

Email: consumers.uk@ferrero.com

Tel: 020 8869 4000