Terms These terms and conditions (“Terms”) apply to any ordering of products, samples and/or services via any Coloplast platform, whether online or offline, by a third party who shall be referred to as the "Customer". The products, samples and/or services, are referred to as "Products" or "Services.” Except where the Parties have expressly agreed in a separate written agreement, these Terms supersede (i) all other prior agreements, written or oral, between Customer and Coloplast with respect to the subject matter of these Terms and (ii) any additional or conflicting terms contained on Customer's acknowledgment, confirmation, or similar documents. Unless otherwise specifically agreed with Coloplast, any ordering or sampling of Coloplast products is strictly personal, and any resale or redistribution of Coloplast products, with or without remuneration, consideration or bartering in any shape or form, is strictly prohibited.
2. Delivery Coloplast will advise Customer as soon as reasonably possible if the specified delivery date cannot be met.
3. Delay in supply If Coloplast fails to deliver any Products or perform any Services, other than because of a force majeure event, Customer shall have the right to cancel all or any remaining part of the Products or Services that are delayed, without payment.
4. Changes These Terms may be amended or modified by Coloplast. Coloplast may not modify or substitute any Product and/or Services unless Coloplast notifies Customer of such modification or substitution and Customer approves such modification or substitution in writing, and in such event, such modification or substitution shall be at Coloplast’s sole expense.
5. Account creation Customer may create an online user account with Coloplast. By creating an account on a Coloplast website, Customer agrees to abide by these Terms. Customer must be at least 18 years of age to create an account or have a parent or legal guardian create one on Customer’s behalf. To create an account, Customer is required to provide accurate and complete personal information, including full name, e-mail address, and contact details. Customer will also be asked to create a password for the account. The account details will work as login credentials to any of Coloplast’s online universes, including the Coloplast companion apps. The user account is strictly personal and any activity occurring under the account is the responsibility of Customer. Customer agrees not to use Coloplast websites or online services for any illegal, fraudulent, or unauthorized purposes, or to transmit any viruses, malware, or other harmful code. Any violation of these terms will result in the termination of Customer’s account without notice. Coloplast’s privacy policy governs the use and protection of Customer’s personal account information. By creating an account on Coloplast’s website, Customer agrees to the terms of the privacy policy. Coloplast reserves the right to modify the terms and conditions for user account creation at any time without notice. Continued use of Coloplast’s websites or online services following any modifications constitutes Customer’s acceptance of the new terms.
6. Return of defective products All defect Products supplied under these Terms, or that are more than the quantity or quantities ordered under these Terms, shall be returned to Coloplast, or held pending an agreement between Customer and Coloplast regarding their disposition, subject to Coloplast's risk of loss and at Coloplast’s sole expense.
7. Termination Except to the extent prohibited by applicable law, Coloplast (i) may cancel a purchase of Products or Services for any reason prior to shipment of the applicable Products or performance of Services by providing written notice to Customer and (ii) may immediately terminate the purchase, even after shipment, by providing written notice to Customer if Customer breaches any term or condition of these Terms or becomes insolvent or subject to any proceeding under any bankruptcy or insolvency law.
8. Data privacy Coloplast warrants that its relevant employees and potential sub-suppliers shall comply with Coloplast’s obligations under all and any applicable data protection regulations in relation to personal data that is processed by Coloplast while performing its obligations under these Terms.
9. Limitation of liability To the extent permitted by law, in no event will Coloplast be liable for any lost revenues, lost profits, incidental, indirect, consequential, special, or punitive damages.
10. Severability and Non-Waiver If any provision of these Terms shall be deemed invalid or inoperative, these Terms shall be construed with the invalid or inoperative provision deleted, and the remaining provisions will continue in full force and effect.
11. Governing law and venue The laws of the jurisdiction of the address of the Coloplast entity selling its Products or Services under these Terms, disregarding any conflict of law rules in the jurisdiction, will govern any purchase or delivery under these Terms. The venue for any dispute related to a purchase or delivery hereunder shall be, at Coloplast’s option, a court having jurisdiction over parties in the address of Customer, or any court having jurisdiction over the Coloplast entity.
