Terms and Conditions

It is our pleasure to welcome you to our website accessible via the URL www.playtex.eu including any mobile version (together hereinafter referred as the "Site"). This page (and the documents referred to on it) provides information about who we are and the legal terms and conditions that apply to your use of the Site and any product or service you order from us (the "Terms and Conditions"). The Terms and Conditions are made up of the sections set out below. Any reference to the Terms and Conditions incorporates all the provisions in each of these sections. To help you find the information you are looking for, links to each of the sections are set out below.

 

Summary :

I. INFORMATION ABOUT US

 

II. TERMS OF USE

A. Application

B. Access to Site

C. Intellectual Property Rights

D. No reliance

E. Links

F. Contributions and Submissions to the Site

G. Unauthorised Activity

H. Disclaimer of Warranties and Limitation of Liability

I. General

J. Applicable Law and Jurisdiction

 

III. TERMS OF SALE

A. Application

B. Your status

C. Order process

D. Price and paiement

E. Delivery

F. Returns and refunds

G. Cancellation under the consumer regulations

H. Faulty/damaged products

I. Liability

J. Events outside our control

K. Notices

L. General

M. Variation to these terms of sale

N. Law and juridictions

 

I. INFORMATION ABOUT US

The www.playtex.eu merchant site (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet and is published by PW France France, a simplified joint-stock company with a capital of 137,370,645 euros, registered with the Nanterre Trade and Companies Register under number 488 727 298, VAT No. FR 37 488 727 298, and whose head office is located at 2, rue des Martinets, 92500, Rueil Malmaison, France (hereinafter referred to as "Playtex®").

We hold a license to manufacture, sell and distribute apparel products under the "Playtex®" trademark in the member states of the European Union, as well as several other European nations and South Africa. The Site is hosted by SALESFORCE Commerce Cloud a division of Salesforce.com, Inc., headquartered at The Landmark at One Market, Suite 300, San Francisco, CA 94105, United States.

 

II. TERMS OF USE

 

A.           Application

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE SITE AND CONSULT THEM ON A REGULAR BASIS. YOUR RIGHT TO ACCESS AND USE THE SITE IS SUBJECT TO YOUR AGREEMENT TO THESE TERMS OF USE, THE PRIVACY POLICY AND THE COOKIES POLICY AND ANY TRANSACTION YOU CARRY OUT THROUGH THIS SITE IS FURTHER SUBJECT TO OUR TERMS OF SALE. BY USING THE SITE, WHETHER AS A GUEST OR AS A REGISTERED USER, YOU ARE DEEMED TO ACCEPT THE TERMS OF USE, PRIVACY POLICY, COOKIES POLICY AND TERMS OF SALE AND THAT YOU AGREE TO ABIDE BY THEM. IF YOU DO NOT ACCEPT ALL OR PART OF THESE TERMS, YOU ARE NOT AUTHORISED TO ACCESS OR USE THE SITE.

Except where otherwise specified on the Site, the materials on this Site are displayed solely for the purposes of promoting our products and services available exclusively online. PW France FRANCE SAS reserves the right to revise or otherwise modify the Terms and Conditions from time to time. You are expected to check this page regularly to take notice of any changes that are made. Your continued use of the Site after PW France FRANCE SAS has made any modifications shall be deemed to be evidence of your acceptance of any changes, which shall be binding on you.

 

B. Access to Site

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend any and all services we provide on the Site without notice. We will not be liable if for any reason our Site or any part is unavailable for any reason at any time or for any period. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. PW France FRANCE SAS shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or other account details. We have the right without any obligation to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use or if we suspect any unauthorised activity has occurred or we believe is at risk of occurring. You undertake to access and use the Site at your own risk and that you will comply with the laws and regulations in force and in effect in your jurisdiction, especially if such laws and regulations prohibit access to the Site or any part and/or its content. Should you fail to comply with any part of these Terms of Use, without prejudice to any other remedies it may have, PW France FRANCE SAS reserves the right to suspend your access and use of the Site without notice.

 

C. Intellectual Property Rights

All trademarks, copyright, database rights and/or all other intellectual property rights in or in connection with the Site, including (without limitation) in relation to all and any text, names, logos, slogans, pictures, images, art work, videos, graphics, your Contributions and other content and material in whatever form contained on this Site, are the property of PW France France SAS, our group companies or our licensees and used by us with the authorization of the owner of such rights. All such rights are reserved. Other than as expressly set out in these Terms of Use, no user shall by implication or otherwise have any licence or right under any patent, trademark, copyright or any other intellectual property right of PW France FRANCE SAS or any third party, to the Site or any content or materials. If you acquire any copyright or other intellectual property rights in or in connection with the Site, then you hereby assign those rights to us on a worldwide basis absolutely to the fullest extent permitted by law without any further remuneration. You also hereby unconditionally and irrevocably waive any and all moral rights you acquire in or to the Site. You further agree to execute all such documents and do all such acts and things as we may reasonably require in order give full effect to the terms of this clause C and to assign any such rights to us and to waive any moral rights you acquire in or in connection with the Site. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal private reference only, provided that no modifications are made and that all trademarks and copyright symbols (such as ©) displayed on the Site remain intact. 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. Any other use of the Site or any content or materials on the Site, including but not limited to, modification, distribution, copying, renting, hiring, lending, integration into a derivative work, transmission and broadcast of material on this Site, is strictly prohibited. At our option and request, for any reason, you shall destroy any and all copies you might have made of the content of the Site or any part of it. Without prejudice to the above, you must not use any part of the materials on our Site for any commercial or other purposes without obtaining an express written licence to do so from us.

 

D. No reliance

This Site and all material and content on the Site are made available on an "as is" and "as available" basis only. PW France FRANCE SAS does not make any representation, condition, guarantee or warranty of any kind, whether express or implied, such as quality or reliability, fitness for a particular purpose, merchantability, non-infringement, accuracy, reliability or completeness of the Site including any content. This Site may include publications with technical or other inaccuracies or typographical errors and it may contain information that is out of date. PW France FRANCE SAS accepts no responsibility to keep the information up to date and error free. Articles, commentary and other material on our Site are not intended to amount to advice on which reliance should be placed. Any reliance placed on the information contained on the Site will be at your own risk. The views and opinions expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs of PW France FRANCE SAS or constitute any endorsement by us.

 

E. Links

Links from the Site - The Site may include links to other websites or other internet sources. PW France FRANCE SAS has not verified and cannot control the content of such sites or sources, in particular as to their accessibility, content, action, confidentiality, system and data security, or their policy on privacy and personal data and the protection of them.

Links to the Site - You may link to our Site in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must first obtain our prior written approval to do so. We reserve the right to withdraw linking permission at our absolute discretion without any notice and without any liability. With regard to any sites with links from our Site or which carry links to our Site, use by you of such sites is at your own risk and PW France FRANCE SAS does not accept any responsibility or liability for any loss or damage suffered, including in respect of any purchases you make from such sites. Such sites and sources are subject to their own terms and conditions and policies.

 

F. Contributions and Submissions to the Site

You may be invited to make certain contributions or submissions to appear on the Site (including, without limitation, submitting emails, diaries, stories, commentaries, descriptions, blog entries, product reviews, opinions, videos, photos, illustrations, and other material), whether by email, post, or by uploading such material to the Site or sending it to a third party who we direct you to (hereafter referred to as "Contributions"). We respect, and expect users to respect fellow community members, and to comply with these Terms of Use. If you make any Contributions, you must comply with the following standards, including complying with the spirit as well as the letter of the standards: (a) You must ensure that and you hereby warrant to us that (i) any Contributions are accurate (where they state facts); (ii) any Contributions are genuinely held (where they state opinions); and (iii) you have obtained any third party consents required. (b) You must ensure that and you hereby warrant to us that any. Contributions will not be:
•    Abusive, defamatory, or obscene;
•    Fraudulent, deceptive or misleading;
•    In violation of any intellectual property, privacy or other right of another;
•    In violation of any law or regulation;
•    Offensive or inappropriate;
•    Advertising, promotion, marketing or any form of solicitation that has not been authorised by us in writing; or
•    Otherwise in breach of any part of the Terms and Conditions.

We reserve the right to edit, modify or delete any Contributions (or portions thereof) which we, in our sole discretion, deem violate any of the above terms or which are otherwise not suitable for the Site in our sole discretion. Any Contributions submitted by you will be considered non-confidential and non-proprietary. You agree that all intellectual property rights in your Contributions, including all copyright are assigned to PW France FRANCE SAS as further set out in clause C above.  You further agree that your Contribution may be posted on the Site and be used by PW France FRANCE SAS in any other way, with no financial compensation for yourself or any other person, including being reproduced, presented, modified, disclosed, published, displayed, printed, copied, translated, distributed, adapted, grouped, transferred to any third party, transmitted to anyone, separately or together with other works, on any current or future medium whatsoever, using any current or future process and for all purposes, notably but not limited to promotional purposes, advertising purposes, the development and marketing of products or any other commercial purpose. PW France FRANCE SAS may at its discretion decide not to use your Contribution or any part of your Contribution.

PW France FRANCE SAS shall not be liable to you for any loss or damage arising out of posting any Contribution on the Site, including where caused by unauthorised use or alteration of the content or other interference of the Site. You shall be responsible for ensuring that you have obtained all third party consents required in connection with the use of your Contribution as stated above, including the consent of any third party appearing in the Contribution, and you hereby warrant that your Contribution does not infringe any third party intellectual property rights, does not violate any proprietary right, privacy rights, or any other third party right, is not defamatory or libellous and is in compliance with all applicable law and regulation. You agree to indemnify PW France FRANCE SAS and its affiliates, agents and representatives from and against any costs, expenses, loss or liability whatsoever, including without limitation, where incurred pursuant to any third party claim, arising out of or in connection with your Contribution. PW France FRANCE SAS accepts no obligation to monitor your Contribution or any Contribution by others and we do not endorse and we are not responsible for any Contributions and expressly disclaim any and all liability in connection with such Contributions. We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, their right to privacy or any other right.

 

G. Unauthorised Activity

You must not misuse our Site by knowingly or negligently introducing viruses, trojans, worms, logic bombs or other material which is malicious or 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. 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. Unfortunately, the transmission of information via the Internet is not secure and cannot be completely protected from illicit interference from third parties. Communications via the Internet may potentially be intercepted, lost or modified and any transmission is therefore at your own risk. Once PW France FRANCE SAS receives the information, it will employ security features to attempt to prevent unauthorised access. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other 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 material posted on it, or on any website linked to it.

 

H. Disclaimer of Warranties and Limitation of Liability

PW France FRANCE SAS RESERVES THE RIGHT TO WITHDRAW ACCESS TO THE SITE OR ANY PART WITHOUT NOTICE FOR REASONS OF MAINTENANCE, SECURITY, UPDATING AND FOR ANY OTHER REASON. PW France FRANCE SAS SHALL NOT BE LIABLE IF, FOR ANY REASON, THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. PW France FRANCE SAS DOES NOT WARRANT THAT ALL OR PART OF THE SITE IS AVAILABLE OR ADAPTED TO ALL COUNTRIES IN THE WORLD. PW France FRANCE SAS SAS DOES NOT GIVE ANY WARRANTY, EXPRESS OR IMPLIED, CONCERNING ALL OR PART OF THE CONTENT OF THE SITE AND/OR ITS TECHNICAL FUNCTIONING. PW France FRANCE SAS DOES NOT GIVE ANY WARRANTY IN ANY MANNER WHATSOEVER THAT THE CONTENT OF THE SITE IS EXEMPT FROM ANY ERRORS, INACCURACIES, OMISSIONS AND BUGS, MALICIOUS SOFTWARE (INCLUDING BUT NOT LIMITED TO VIRUSES AND TROJANS), DEFECTS, INTERFERENCE WITH RIGHTS OF THIRD PARTIES, OR THAT IT HAS BEEN ADAPTED FOR A PARTICULAR PURPOSE OR USE. YOU EXPRESSLY AGREE UNRESERVEDLY THAT YOUR ACCESS AND USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PW France France SAS, ANY AFFILIATE COMPANY OF PW France France SAS, AND ANY THIRD PARTY CONNECTED TO PW France FRANCE SAS OR THE SITE, HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.
IF YOU ARE A BUSINESS USER, WE WILL NOT BE LIABLE FOR:

  • LOSS OF INCOME OR REVENUE;
  • LOSS OF BUSINESS OR CONTRACTS;
  • LOSS OF PROFITS;
  • LOSS OF ANTICIPATED SAVINGS;
  • LOSS OF OR DAMAGE TO DATA;
  • LOSS OF GOODWILL;
  • WASTED MANAGEMENT OR OFFICE TIME; OR
  • ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE;
  • HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE

IF YOU ARE A CONSUMER, 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.

NOTHING IN THESE CONDITIONS SHALL AFFECT ANY PARTY’S LIABILITY (INCLUDING BUT NOT LIMITED TO PW France France Europe SAS’S LIABILITY) FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, NOR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY TO LIABILITIES ARISING AS A RESULT OF THE SUPPLY OF ANY PRODUCTS FROM US TO YOU, WHICH WILL BE SET OUT IN OUR TERMS OF SALE.

 

I. General

No failure by PW France FRANCE SAS to exercise, and no delay by it in exercising, any right, power or remedy in connection with these Terms of Use will operate as a waiver. Any waiver by PW France FRANCE SAS of a breach of these Terms of Use shall not be effective unless it is in writing and signed by a duly authorized representative of PW France FRANCE SAS. No waiver by PW France FRANCE SAS of any breach of these Terms of Use shall be deemed to be a waiver of any subsequent breach. If any provisions of these Terms of Use are held to be illegal, invalid or unenforceable, in whole or in part, whether under any enactment or rule of law or otherwise, such provision or part shall to that extent be deemed not to form part of these Terms of Use but the legality, validity and enforceability of the remainder of the Terms of Use shall not be affected. The exclusions, limitations, rights and benefits of these Terms of Use shall apply to the direct benefit of PW France FRANCE SAS and any of our affiliates, which means any of our direct and indirect subsidiaries, our ultimate parent company and any of its direct and indirect subsidiaries.

 

J. Applicable Law and Jurisdiction

You agree: (a) that English law, without regard to principles of conflict of laws, will govern these Terms of Use; and (b) that the English courts will have exclusive jurisdiction over any claim arising from, or related to, the Site (including its use or access), except that PW France FRANCE SASshall have the right to bring proceedings against you in your country of residence or any other relevant country.

 

III. TERMS OF SALE

 

A. Application

(i)  These terms and conditions of sale (the "Terms of Sale") apply to any order you place or try and place through this website, accessible via the URL www.playtex.eu and including any mobile version (hereinafter together referred as the "Site") for any of the products and services listed on the Site (together the "Products").
(ii)  These Terms of Sale incorporate our Terms of Use, Privacy Policy and Cookies Policy. Click here for links to each of these documents.
(iii)  You must read these Terms of Sale carefully before placing any order.  By placing an order through the Site, you confirm that you have read, understood and agree to these Terms of Sale.
(iv)  At this present time, the Site only accepts orders for delivery to the UK . We do not accept orders outside this  country.  If you would like to place orders for delivery into any other jurisdiction, please contact us and we may be able to refer you to an appropriate seller.

 

B. Your status

By placing an order through our Site, you warrant that (i) you are legally capable of entering into binding contracts; and (ii) you have the capacity and ability to perform your obligations under these Terms of Sale.

C. Order process

The display of Products on the Site is an invitation and not an offer to sell those Products to you.

When you place the order for your Products, only an offer is made that is still subject to our acceptance and no contract is yet in place. If you enter a correct email address we may send you an order acknowledgement email and order update emails. These do not constitute acceptance of your order from us either and no contract is yet in place. Please note that completion of the online checkout process also does not constitute our acceptance of your order, even if we have taken payment. 

Unless we have notified you that we do not accept your order, order acceptance and the creation of the contract between you and us will only take place at the point the Products are dispatched to be delivered to the address you have given to us, We will  try to confirm such dispatch to you by email.  This contract will only relate to the Products which we have dispatched and not to any other Products that you have ordered. A contract will only be formed in relation to other Products that you may have ordered upon the dispatch of those Products. Usually, the Products are automatically dispatched as soon as you completed the online checkout process.

The contract will be formed at the place of dispatch of the Products.

We take reasonable care to try to ensure that prices quoted on the Site are correct and that Products are described accurately in all material respects and are available. However, when ordering Products through the Site, please note that :
(i). Orders will only be accepted if there are no, and any acceptance is subject to there being no, material errors in the description of the Products or their prices as advertised on this Site;
(ii). All Products are subject to availability. We will inform you as soon as possible if the Products you have ordered are not available;
(iii). Packaging may vary from that shown on the Site;
(iv). The measurements, weights, dimensions and capacities shown on the Site are approximate only;
(v). The reproduction of colours is as accurate as the photographic and production process will reasonably allow. In addition, the actual colours you see will depend on the display on your device and we cannot guarantee that your device’s display of any colour will accurately reflect the colour of the Product on delivery.

On occasions, despite us using reasonable care, an error may occur resulting in the Products described on our Site not being the Products actually available for sale. If this occurs your order will not be or have been accepted. If we accept and process your order where an error is obvious and unmistakeable and could reasonably have been recognised by you as a mistake, we may end the contract and you must return of any Products provided to you in the same condition as you received them and we will give you a full refund. 

 

D. Price and payment

The price of the Products and our delivery charges will be as quoted on the Site from time to time, except in cases of error.

All prices include VAT. 

Product prices and delivery charges are liable to change at any time, but changes will not affect orders that have already been dispatched.

Our Site contains a large number of Products and it is possible that, despite our reasonable efforts, some of the Products listed on the Site may be incorrectly priced. If a Product’s correct price is higher than the price stated on the Site, your order will not be accepted at the lower price, unless we in our discretion expressly confirm (in writing) that we are accepting your order despite the error. We may, at our discretion, notify you of the price error and seek your instructions on whether you are willing to proceed at the correct price before dispatching the Product. 

Payment for all Products must be by credit or debit card or PayPal. We accept payment with the credit cards listed on our Site from time to time.

We will take payment from your card when we process your order, shortly before dispatch. If for whatever reason, payment is not received and you have already received the Products you ordered from us, you must pay for the Products immediately or return those Products to us in the same condition that you received them at your own expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any Products that are the subject of an unpaid order.

We partnered with Global-e, a third-party service that acts as your registered vendor, so you can buy and ship your Playtex® products to more than 200 destinations around the world. When you buy your Global-e Playtex® products, you will see that your payment method is charged by ** Global-e / Playtex® **, and the purchase is subject to Global-e's Terms and Conditions and Privacy Policy (which will be clearly presented in the payment before placing the order).

You can contact Global-e at service@global-e.com or send them a letter at 45, Rue du Cardinal Lemoine, 75005 Paris

PW France / Global-e acts as an introducer and not a lender of unregulated credit products provided by Klarna Bank AB (publ). Credit is subject to status, T&Cs apply. Please note Pay in 3 instalments is not regulated by the FCA. Borrowing beyond your means could seriously affect your financial status, ensure you can afford to make your repayments on time by the due date.

Playtex® is still responsible for the good delivery of your order to the consumer.

 

E. Delivery

Once dispatched, Products will be delivered to you as soon as reasonably possible. Usually, the Products are automatically dispatched as soon as you complete the online checkout process. For full details of our delivery charges and timescales please click here.

The Products will be your responsibility from the time of delivery of the Product(s) to the address you gave us. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

We partnered with Global-e, a third-party service that acts as your registered vendor, so you can buy and ship your Playtex® products to more than 200 destinations around the world. When you buy your Global-e Playtex® products, you will see that your payment method is charged by ** Global-e / Playtex® **, and the purchase is subject to Global-e's Terms and Conditions and Privacy Policy (which will be clearly presented in the payment before placing the order).

You can contact Global-e at service@global-e.com or send them a letter at 45, Rue du Cardinal Lemoine, 75005 Paris

Playtex® is still responsible for the good delivery of your order to the consumer.

 

F. Returns and refunds

If you would like to return your order, please follow this link or contact the customer service. The item (s) must be returnd within a 30 day period from when items have been received by the customer. 

Products returned must be unused and in their original packaging with tags and seals still attached and intact and together with any free gifts or promotions (e.g. 2 for 1). We reserve the right to consider the condition of any products you wish to return and either reject the return or make any deductions to the refund paid to you on account of any use of the product or any damage to the product, packaging, tags or seals.

Please note that for any return, the parcels are to be sent back to our warehouse in France and delivery costs are around 15€. This amount will automatically be deducted from your refund.

Subject to any returns under clause H, you are responsible for the cost of returning the order. You will be responsible for the cost of returning the order whatever the time you notified us of your decision to return the order after you completed the checkout process. Products are returned at your risk and we will not accept any responsibility for any damage or loss to products in transit. We recommend that you use an insured recorded delivery service when returning products.

The right to return does not apply to certain types of products, including any goods that are made to your specification or clearly personalised, sealed goods for health protection or hygiene reasons that are unsealed nor sealed audio, video and software products once unsealed.

Once we have received your return, if we are satisfied all the conditions have been met, we will process a refund as soon as reasonably possible within 14  days from receiving the order.  The refund will be processed to the same payment method that you used to make the order. Your refund will include the cost paid to us for delivery up to the standard delivery cost that you paid (if any). The delivery charge will not be refunded if only part of your order is cancelled or refunded.

All returns should be sent to the following address:

RETOURS PLAYTEX, PLAYTEX France, Quai Réception Porte N°10, Parc d'Activité Bellevue, Rue Pierre Brossolette, 71400 AUTUN, FRANCE

 

G. Cancellation under the consumer regulations

UK and EU customers are also entitled to cancel orders under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Consumer Contract Regulations”).

To return the products, it is imperative to follow the return procedure described in paragraph 36 above. This is the most efficient way to return the products.

In case you experience difficulties during the return procedure described in paragraph 36, you can send an email to our Online Customer Services team clearly mentioning your choice to cancel the order with the following information: email address of the buyer,  First name / Family name of the buyer, Order number.

Subject to any returns under clause H, you are responsible for the cost of returning the order. You will be responsible for the cost of returning the order whatever the time you notified us of your decision to cancel the order after you completed the online checkout process. Products are returned at your risk and we will not accept any responsibility for any damage or loss to products in transit. We recommend that you use an insured recorded delivery service when returning products.

Products returned must be unused and in their original packaging with tags and seals still attached and intact and together with any free gifts or promotions (e.g. 2 for 1). We reserve the right to consider the condition of any products you wish to return and either reject the return or make any deductions to the refund paid to you on account of any use of the product or any damage to the product, packaging, tags or seals.

For a valid cancellation under the Consumer Contract Regulations, we will process your refund within 14 days after the date on which the goods are returned to us. The refund will be processed to the same payment method that you used to make the order.

Your refund will include the cost paid to us for delivery up to the standard delivery cost that you paid (if any).  The delivery charge will not be refunded if only part of your order is cancelled or refunded. If you paid for any enhanced or premium delivery option beyond the standard delivery option, you will not be entitled to a reimbursement for this beyond the standard delivery amount.

The above is not a conclusive or exhaustive guide to your rights under the Consumer Contract Regulations.  Further information can be obtained from your local trading standards office or the citizens advice bureau. 

 

H. Faulty/damaged products

Returns for Products may also be made by you if they are faulty, miss-described or received by you in a damaged condition or if you otherwise have a legal right to return the Product and receive a refund because of something we have done wrong.

To return a product in these circumstances, you must notify us of the problem as is quickly as is reasonably possible and before you return the Products.  If the problem is our fault in case described in paragraph 49 above, we will authorize the return and provide you with a pre-paid returns label so that you can return the product free of cost to you. Then, to return the Products, it is imperative to follow the return procedure as described in paragraph 36 above.

We expect the Product to be returned to us within 30 days of receipt by you. 

We will refund you the price you paid for the Products including any delivery charges paid. We will process your refund within 14 days after the date on which the goods are returned to us. The refund will be processed to the same payment method that you used to make the order.

 

I. Liability

There are certain liabilities which we cannot limit or exclude by applicable law and nothing in these Terms of Sale excludes or limits such liability, including any liability for personal injury or death caused by our negligence or for fraud.
You have certain statutory rights as a consumer, including legal rights relating to faulty goods. Nothing in these Terms of Sale seeks to affect your statutory rights in any way.
Subject to Clauses 13 and 14, to the fullest extent permitted by applicable law, we will not be liable for any loss that result from or in connection with our failure to comply with Terms of Sale that fall into the following categories:
i.    loss of income or revenue;
ii.    loss of business;
iii.    loss of profits;
iv.    loss of anticipated savings;
v.    loss of data; or
vi.    waste of management or office time.

However, this clause will not prevent claims for any direct losses that are a natural, foreseeable consequence of our breach.

 

J. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under or in connection with these Terms of Sale that is caused by events outside our reasonable control provided that we try to take steps to minimize the effect of the delay.
An event outside of our control  includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, shortages, adverse weather, storms, floods, civil commotion, riots, terror attacks, war or preparation for war, fire, explosion, earthquakes, volcano eruptions, natural disaster, pandemic or epidemic, problems with transport, problems with public telecommunications networks, any legislation or acts of government.

 

K. Notices

All notices given by you to us must be given to PW France FRANCE SAS. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We may contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

L. General

If we fail at any time to insist upon strict performance of any of your obligations under these Terms of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Sale, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing. A waiver by us of any default will not constitute a waiver of any subsequent default.

Please note, we will be complying with English law which may differ from the law in the jurisdiction of delivery, including in relation to data protection, privacy and marketing. 

If any provisions of these Terms of Sale are held to be illegal, invalid or unenforceable, in whole or in part, whether under any enactment or rule of law or otherwise, such provision or part shall to that extent be deemed not to form part of these Terms of Sale but the legality, validity and enforceability of the remainder of the Terms of Sale shall not be affected.

The exclusions, limitations, rights and benefits of these Terms of Sale shall apply to the direct benefit of PW France FRANCE SAS and any of our affiliates, which means any of our direct and indirect subsidiaries, our ultimate parent company and any its direct and indirect subsidiaries.

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the sale and purchase of the Products.  Neither party has relied on any warranties or representations not expressly set out in these Terms of Sale which are hereby expressly excluded to the fullest extent permitted by applicable law.  This however does not in any way affect your statutory rights.

The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of the contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of the contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

 

M. Variation to these terms of sale

We have the right to revise and amend these Terms of Sale from time to time for any reason.
You will be subject to the Terms of Sale in force at the time that you order Products from us, unless any change to these Terms of Sale is required to be made by law or governmental authority retrospectively (in which case it will apply to orders previously placed by you), or if we notify you of the change to Terms of Sale before we dispatch your order.

 

N. Law and jurisdiction

You agree that the contracts for the purchase of Products and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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