Terms of Sale
These terms and conditions of sale (“Terms of Sale”) apply in the event you make a purchase of a product through our website from which you are accessing these Terms of Sale (the “Website”). These Terms of Sale incorporate our general terms and conditions for our 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 us. 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 18 years of age or older. THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, 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.
The Website may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by us. and may be made available for any purpose, including general information purposes. 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.
We may make available the ability to purchase or otherwise obtain certain products through the Website (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.
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 refund and exchange policies, available here. You agree to pay all charges incurred by you or on your behalf through the Website, 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 or service.
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 Website. 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.
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 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 on shop.colgate.com 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. Subscriptions are good while supplies last. Returns of any subscription Products are subject to our Returns and Warranty Policy.
4. General Provisions
We reserve the right to modify 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. 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.
5. Note To New Jersey Consumer
If you are a consumer residing in New Jersey, the following provisions of these Terms of Sale (which, as noted above, incorporate the Terms of Service) do not apply to you (and do not limit any rights that you may have) to the extent they are unenforceable under New Jersey law: (a) any disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) any limitation on liability for loss of profits or loss or use of data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under any contract, tort (including negligence), strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) any requirement that you indemnify us (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) any governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).