Terms of Sale
Terms of Sale
Last Updated: December 6, 2022
These terms and conditions of sale (“Terms of Sale”) apply in the event you make a purchase of a Product through our Services. These Terms of Sale incorporate the general terms and conditions for our Service (the “Terms of Use”). OUR TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE TERMS OF USE, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND. In the event that there is a conflict between a provision of these Terms of Sale and a provision of the Terms of Use, the provision of these Terms of Sale shall prevail. These Terms of Sale contain very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read these Terms of Sale carefully before ordering from us. By ordering Products on or through our Service, you are agreeing to these Terms of Sale. IF YOU DO NOT AGREE TO THESE TERMS OF SALE, DO NOT USE THIS SERVICE. You may not order or obtain Products or services from the Service unless you (a) agree to these terms and are (b) 18 years of age or older. Capitalized terms used but not defined in these Terms of Sale shall have the meaning set forth in the Terms of Use.
1. Products/Availability, Errors & Inaccuracies/Colors
The Service may make available listings, descriptions and images of goods or services (collectively, “Products”), as well as references and links to such Products. Such Products may be made available by us, and may be made available for any purpose, including for purchase or general information purposes. Any Products sold on or through this Service are sold solely for personal use and are not intended for resale. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
2. Transactions/Shipping/Refunds-Exchanges
2.1 We may make available the ability to purchase or otherwise obtain certain Products through the Service (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any method of payment that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
2.2 We reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to our applicable return policy (if any). You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Without limiting any of the foregoing, we are not responsible for pricing, typographical and other errors in any offer by us and we reserve the right to cancel any orders arising from such error.
2.3 Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Service. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment.
2.4 In some instances, we may partner with certain third party payment processors to process payments you make via the Service. By choosing to place your order, you agree to such third party's terms and conditions, and any such terms, conditions, warranties, or representations associated with such third party are solely between you and the third party. Any representations, marketing statements, descriptions and claims presented in connection with such third party are made by the third party, not by us. You acknowledge and agree that we are not responsible or liable for any loss or damage as the result of such third party.
3. Product Subscriptions
If you purchase a Product on a subscription basis, you agree that we may charge to the method of payment that you have submitted to us the subscription price indicated at the time of purchase, plus any applicable taxes, and that we may then automatically create new orders according to your chosen delivery schedule until you cancel, without further notice to you (unless required by applicable law). Each new/recurring order will be billed at the subscription price in effect on the day the order is processed, plus any applicable taxes. To avoid being charged for a new Product shipment, you must skip the shipment or cancel your subscription before the Product ships. You can cancel your subscription at any time on your account or by calling Customer Service. We reserve the right, in our sole discretion, to terminate your subscription at any time without notice. If we do so, you will only be charged for orders that have been shipped to you at the time of the termination. Subscriptions are good while supplies last. Returns of any subscription Products are subject to the applicable return policy (if any).
4. General Provisions
4.1 We reserve the right to modify these Terms of Sale at any time. You are subject to the Terms of Sale and the Terms of Use that are in force at the time when you order a Product. 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. Your continued use of this Service after any posted change in these Terms of Sale will constitute your acceptance of and agreement to such changes.
4.2 The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Colgate.
4.3 These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.