TERMS AND CONDITIONS OF SALE FOR PRODUCTS ON OUR WEBSITE
These terms and conditions of sale (“Terms of Sale”) apply in the event you purchase one of our products on our websites: shop.colgate.ch, shop.colgate.eu, shop.colgate.fr, shop.colgate.se and shop.colgate.co.uk (the “Website”).
These Terms of Sale apply between Kolibree S.A.S. (referred to as “we” or “Colgate”) and you (referred to as “you” or “customer”), when you purchase products on our Website.
These Terms of Sale incorporate our general terms and conditions for the Website (the “Terms of Service”). In the event that there is a conflict between a provision of these Terms of Sale and a provision of the Terms of Service, the provision of these Terms of Sale shall prevail.
Please read these Terms of Sale carefully before ordering from Colgate. By ordering products on our Website, you are agreeing to these Terms of Sale. To place an order or purchase a product, you must be aged 18 years or older.
- HOW TO ORDER ONLINE
The presentation of our products on our Website itself is not a binding offer to sell by us. If you wish to purchase a product on our Website, you have to select the product and add it to your shopping basket. Once you have selected all products that you wish to purchase, you can review your shopping basket.
You will then be directed to a webpage that details the products that you have selected, their prices, the delivery options (including delivery fees, if any), and available payment methods. You will have to choose a payment method. You may cancel or modify your order at this point.
When you click on the “Buy Now” button, you submit your order to us.
Upon submission of your order, you will receive an automated email from us summarizing your order and confirming its receipt. This automated email does not constitute acceptance of your order.
We reserve the right to accept or reject your order for any reason, including due to unavailability of a product you wish to purchase. Our acceptance of your order will take place when we email you (no later than seven days from receipt of your order) that your order has shipped, at which point a purchase contract will be concluded between you and us. We will likewise inform you by email if we reject your order. You may cancel your order at any time with an hour after placing your order.
We are under a legal duty to supply products that are in conformity with these Terms of Sale.
- PRICES, PAYMENT AND INVOICES
All prices of the products on the Website are inclusive of any applicable taxes (including applicable VAT). We may modify the displayed prices at our discretion at any time; orders accepted by us will not be affected by such subsequent price modifications.
We will charge you for the purchase price and applicable delivery fees upon our acceptance of your order by using the payment method you selected in the order form.
You agree to receive our invoice for your purchase of products by electronic means. The invoices are made available by email.
Deliveries of purchased products may be subject to delivery fees as specified in the order process. We will ship purchased products only to the countries specified on our Website and to an address designated by you in the order process that complies with these shipping restrictions. You must ensure that the shipping address you provide is correct and complete. We will send you an email when your order is shipped and an email when your order is out for delivery.
- TRANSFER OF RISK AND TITLE
Title to a purchased product will pass to you upon full payment of the purchase price (including the delivery fees, if any). Risk of loss to, and responsibility for, the product will pass to you upon delivery of the purchased product to you.
- RIGHT TO WITHDRAW
If you have your habitual residence within a Member State of the European Union and are contracting with us as a consumer within the meaning of Art. 2(1) of Directive 2011/83/EU (i.e., for purposes which are outside your trade, business, craft or profession), you have the right to withdraw from the purchase contract with us as specified in the Attachment to these Terms of Sale below.
- WARRANTY DISCLAIMER; LIMITATIONS OF LIABILITY
Subject to the remainder of this Section, the warranty disclaimer set out in Section 2.5 of the Terms of Service and the limitations of liability set out in Section 2.6 Terms of Service shall apply to the purchase of a product hereunder.
The above-mentioned limitations of liability shall not apply to claims for loss, costs, damages or harm caused by a fraudulent misrepresentation, fraudulent concealment of defects of the products, willful intent, or gross negligence of Colgate, to claims for personal injury or death, or to claims under the applicable provisions of product liability law that cannot be waived by agreement between the parties in advance.
- APPLICABLE LAW; DISPUTE RESOLUTION
These Terms of Sale are governed by the laws of England and Wales, without regard to their choice of law provisions, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This choice of governing law shall not have the result of depriving you of the protection afforded to you in your capacity as a consumer within the scope of Regulation (EC) No. 593/2008 by provisions that cannot be derogated from by agreement by virtue of the laws applicable where you habitually reside (for example, any mandatory implied warranty rights you may have as a consumer under the laws of your country of residence in the EU if the purchased product is defective).
You and we agree that the English courts will have non-exclusive jurisdiction over all disputes arising out of, relating to or concerning these Terms of Sale. You hereby submit to the jurisdiction of such courts and waive any jurisdictional, venue or inconvenient forum objections to such courts. If you (i) have your place of habitual residence within a Member State of the European Union and (ii) act as a consumer within the scope of Regulation (EU) No. 1215/2012 in entering into a purchase contract with us (i.e., for purposes which are outside your trade, business, craft or profession), you may always bring proceedings against us in the courts of the Member State in which you have your place of habitual residence, and we may only bring proceedings against you in the courts of the Member State in which you have your place of habitual residence.
The European Commission offers a platform for online dispute resolution (ODR) in consumer disputes at: http://ec.europa.eu/consumers/odr. Colgate is neither prepared nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
- MODIFICATION OF SERVICE OR OF THE TERMS AND CONDITIONS OF SALE
We reserve the right to modify our Website, our procedures and our terms and conditions, including these Terms of Sale at any time. You are subject to the Terms of Service and the Terms of Sale that are in force at the time when you order a product, unless an immediate change of the Terms of Service and/or the Terms of Sale is required by a binding order of a court or an administrative or governmental authority. Such a required modification may apply to orders you have already placed. If such a required modification is material, you shall have the right to terminate your order. If any provision of these Terms of Sale is held invalid or unenforceable by a court of competent jurisdiction, the other provisions of these Terms of Sale will remain in full force and effect.
- DEVIATING TERMS FOR GERMAN CONSUMERS
If you habitually reside within the Federal Republic of Germany and are acting as a consumer within the scope of Regulation (EC) No. 593/2008, this Section 9 shall apply and replace the limitations of liability set out in Section 6 above:
We shall be liable for damages and wasted expenditures (jointly the “Damages”) pursuant to the statutory provisions of law, except if otherwise provided for in the next two paragraphs.
Our liability for Damages, irrespective of the legal nature of the claim (i.e., whether under contract, tort, or otherwise), (i) caused by a breach of a material contractual obligation of Colgate with ordinary negligence (einfache Fahrlässigkeit) shall be limited to those Damages foreseeable at the time of the conclusion of the purchase contract between you and us that typically arise in transactions of this kind; and (i) caused by a breach of a non-material obligation of Colgate with ordinary negligence (einfache Fahrlässigkeit) shall be excluded.
For the purposes of this Section 9, a material contractual obligation is an obligation of us, the fulfilment of which is a prerequisite for enabling the proper fulfilment of the purchase contract between you and us and on the fulfilment of which you may rely and do rely. The above limitations to liability apply accordingly to the liability of our employees, executive officers, legal representatives and vicarious agents.
Notwithstanding the foregoing two paragraphs, nothing in these Terms of Sale shall limit our liability for Damages arising (i) from death or personal injury, (ii) from fraudulently concealed defects of products, (iii) from breach of a contractual guarantee as to the quality of the products, or (iv) in case of any other liability pursuant to applicable mandatory law, where such liability cannot be excluded or limited by agreement between the parties in advance (e.g., under section 1 of the German Product Liability Act).
Attachment to Terms of Sale
EU CONSUMER RIGHT OF WITHDRAWAL INFORMATION
If you have your habitual residence within a Member State of the European Union and are contracting with us as a consumer (i.e., for purposes which are outside your trade, business, craft or profession), you have the following right to withdraw from the purchase contract with us:
INSTRUCTION ON THE STATUTORY RIGHT OF WITHDRAWAL
Right of Withdrawal
You have the right to withdraw from the purchase contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of (i) the purchased product, or (ii) the last product delivered if our purchase contract relates to multiple products ordered in one order and delivered separately, or (iii) the first product delivered in the case of a contract for regular delivery of products during a defined period of time.
To exercise your right to withdraw, you must inform us https://www.colgatepalmolive.co.uk/contact-us of your decision to withdraw from this purchase contract by a clear statement (e.g., a letter sent by post, fax or e-mail). You may use the model withdrawal form below, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right to withdraw before the withdrawal period has expired.
For any additional information concerning the right of withdrawal, its content and the instructions, please contact our Customer Service.
Effects of Withdrawal
If you withdraw from the purchase contract, we will reimburse to you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We will make the reimbursement without undue delay and in any event not later than 14 days from the day on which you informed us of your decision to withdraw from the purchase contract. However, we may withhold the reimbursement until we have received the product(s) back from you or you have supplied evidence of having sent back the products (whichever is the earliest).
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
You shall send back the purchased product(s) without undue delay and, in any event, not later than 14 days from the day on which you communicate your withdrawal from the purchase contract to us. The deadline is met if you send back the purchased product(s) before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods (e.g., the shipping costs). You are only liable for any diminished value of the goods resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the goods. We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
I/we* hereby give notice that I/we* withdraw from my/our* contract of sale of the following goods*/for the provision of the following services*:
Ordered on*/received on*:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
*Delete as appropriate.
END OF INSTRUCTION ON THE STATUTORY RIGHT OF WITHDRAWAL