Terms of Sale

1. Terms of Service

a. These terms of sale ("Terms") apply whenever Coloplast Pty Ltd (1994/008553/10) (“Coloplast”, " we", "us", "our") supplies any products or goods ("Products") to any person or entity ("Customer", "you"), unless expressly agreed otherwise in writing.

b. You may purchase Products and pay for them via our webstore or by contacting us by phone on 011 700 5000 ("the Service"). We agree to sell and you agree to purchase the Products contained in a purchase order issued by you and accepted by us in the course of using the Service.

c. By requesting the supply of Products from Coloplast, you acknowledge and agree to these Terms. By checking the "I accept the terms of sale" checkbox on our website at https://products.coloplast.co.za ("Website") or by purchasing any Products through the Service, you agree to be bound by these Terms, and any other terms of sale that are incorporated herein by reference. These Terms may be varied by us from time to time. All changes will be effective immediately and apply to all Products and the use of the Service thereafter.

2. Description of the Service

a. The Service allows you to place orders for our Products online or by phone using the payment platform available before your order can be processed.

b. You can access the Service 24 hours a day, 7 days a week.

c. For any queries related to the Service, you can contact Coloplast Care Direct by phone on

011 700 5000 (during the hours 8:30 am to 16:30 pm Monday to Friday SAST), or by email at customersupportsa@coloplast.com. During these hours, we can process any orders for Products.

d. We reserve the right to withdraw, discontinue, modify or amend the Service, (or any part or content thereof), in our sole discretion and without notice at any time. We shall not be liable if for any reason all or any part of the Service is unavailable at any time or for any period, or for any modification, suspension or discontinuance of any part of the Service. We may also restrict access to some parts of the Service, or the entire Service.

3. Order

a. All orders for Products should state the name of the product, code number and quantities.

b. You may submit an order for Products using the Service. An order will be a binding request to purchase the Products set forth in the order and will only become a legally binding sales contract between Coloplast and the Customer when Coloplast provides written acceptance of the order to you ("Order Confirmation").

c. We will process your order as soon as reasonably possible. The standard processing time is normally 24 hours from the time payment is made and we have received confirmation of your payment but this may vary from time to time.

d. Occasionally, information provided relating to the Products available in the Service may contain inaccuracies or errors (including but not limited to product descriptions, pricing, product availability and delivery times). We reserve the right to correct any errors and to change or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

e. You may opt-in and consent to our Coloplast Care Direct payment, easy re-order service where you receive a text message reminder prior to your next re-order for Products. This text message reminder will prompt you to visit the Website login page to complete your next order. Please contact our Coloplast Care Direct team by phone on 011 700 5000 (during the hours 8:30 am to 16:30 pm Monday to Friday SAST) or by email at dtcsa@coloplast.com if you wish to opt-in to this re-order service. 

4. Delivery, Risk and Title

a. Please note that we only ship to addresses within South Africa using a delivery service provider that we deem appropriate.

b. All orders will be shipped in discreet packaging with free express shipping South African-wide from our warehoused located in the Gauteng, South Africa. Provided your order meets the minimum order value.

c. We will deliver all orders within 3 to 5 business days from the receipt of payment.

d. Delivery times cannot be guaranteed and will vary depending on your delivery address as it may be affected by factors beyond our control.

e. You may be asked to provide your mobile number when you place an order with us so that we can keep you updated on your delivery and the delivery service provider (i.e. a driver) can make contact with you to deliver your order.

f. Once you have received the Products contained within your first order, we may reach out to you via telephone to welcome you to our service and seek your feedback on your first experience with us.

g. To the extent permitted by law, we will not be liable for any delay in delivery, any lost or undelivered order caused by a third-party service provider, incorrect information provided by you or otherwise for a delay in the delivery of your order.

h. You agree to provide current, complete and accurate purchase information for all purchases made by you using the Service, including the correct postal address.

i. Risk in the Products passes to you immediately upon delivery and delivery shall be deemed to have taken place on delivery to the address you provided when placing your order ("Delivery Address"), upon leaving the Products at the place of delivery if you have given permission to leave the goods unattended, or in leaving the order with another person at the Delivery Address if you are not there.

j. To the extent permitted by law, when the order is delivered, we shall not be liable for any refund or replacement in respect of the order unless as required by the South African Consumer Law, or otherwise agreed between the parties.

k. If we are unable to deliver the whole of an order at one time due to operational reasons or a shortage of stock, we will deliver the order in instalments. Each instalment shall constitute a separate contract. If for any reason we are unable to deliver your order in a reasonable time (as determined by us), and you have already paid for the Products, we will provide you with a refund without unreasonable delay.

l. The following items available for order via the webstore are considered a 'dangerous good' due to their flammable nature:

Brava Adhesive Remover Spray
Brava Skin Barrier Spray

m. For the most up-to-date delivery timeframes, you will be able to track your order using your provided tracking number, which will be sent to the cell phone number registered on your account once the order has been shipped. Alternatively, you can reach out to our Customer Service Team directly on 011 700 5000 or email customersupportsa@coloplast.com if you have any specific questions regarding tracking your order.

n. If you have requested samples as part of your order, please be aware that one of our Consumer Services Specialists will call you to ensure that the samples requested are the most appropriate solution to meet your intimate care needs. If your sample request is approved, you will receive a separate package containing your approved samples requested to your nominated delivery address. We will dispatch all approved sample requests within 3 business days of confirming your request. All sample requests will be shipped with free delivery and in discreet packaging, from our Coloplast South African Headquarters located on 61 Katherine Street, Sandton, Johannesburg, South Africa. Delivery times will vary depending on your delivery address and may be affected by factors beyond our control.

5. Delivery, Risk and Title

a. Payment for Products may be made by credit or debit cards (including Visa and Mastercard) or as instructed when using the Service.

b. The price for Products shall be in accordance with the price displayed on the Service at the time of purchase with the addition of any delivery fees as set forth at checkout (if applicable).

c. We may update the prices from time to time at our sole discretion. Any update in prices shall be binding as soon as published on the Service.

d. You must make payment in accordance with the payment instructions on the Service. Full payment of all fees must be made by you and received by us before we will deliver the Products. We reserve our rights to hold delivery of ordered Products or cancel an order for any order that has not received full payment.

e. Currently, our Webshop service is cash only and we do not support medical aid reimbursements through this service. For all purchases which require a medical aid claim, please contact Coloplast Care by phone on 011 700 5000 (during the hours 8:30 am to 16:30 pm Monday to Friday SAST), or by email at dtcsa@coloplast.com in order for us to further assist you with this option.

f. If you are manging your own funds, or paying for your order "out-of-pocket", you can process and pay for your order online through the Website. When you are paying "out-of-pocket", you may use a credit or debit card (including Visa and Mastercard). When using a debit or credit card, you have the option at the 'Checkout' page to save your card details to your account for an easy, fast and secure checkout for the next time you place an order. 

g. From time to time, we may offer promotions or discounts. Please note that any promotions or discounts offered are not available in conjunction with any other offer. Promotions and discounts are available for the stated time, and if no time period is stated, promotions and discounts are available for seven (7) days from the date the offer was first made, or until stocks last (whichever occurs first). Unless otherwise stated in our offer, promotions and discounts are available on full-priced products only. Promotions and discounts are made in our absolute discretion and we reserve the right to revoke any promotion or discount offer at any time without notice. 

h. From time to time, we may issue you with a credit at our absolute discretion. Any store credit will be subject to these Terms and may be redeemed by you at any time. For any queries relating to store credit, please contact our Coloplast Care team by phone on 011 700 5000 (during the hours 8:30 am to 16:30 pm Monday to Friday SAST) or by email at customersupportsa@coloplast.com

i. The Service may include opportunities for you to benefit from greater discounts by committing to a subscription service. Please contact our Consumer Care Team (using the contact details provided above) for full details of the available subscription services.

6. Returns, Refunds and guarantees

a. In addition to any rights you have under the South African Consumer Law ("SACL"), we have a returns & refund policy ("Policy"). The Policy does not limit your rights under the SACL in any way.

b. Any refunds granted by us (or where we are required to provide you with a refund) will be repaid via the same method that you used to complete the purchase.

c. Our Policy provides that:

• if you are not completely satisfied with our Products and they remain unopened, in a saleable condition and undamaged, you may return these Products or request a replacement within the first thirty (10) days of receiving the delivered Products. You will be responsible for any postage fees associated with returning the Products.

• To initiate a return request with us, please email us at customersupportsa@coloplast.com or by calling us on 011 700 5000.

• We will accept any unused and unopened goods in their original packaging for an exchange, credit note or refund.

• Where you request a return in accordance with this Policy, please note that you are required to inform us of the reason that you wish to return the Product (i.e. change of mind, incorrect size, any fault with the Products from the date of delivery).
  
  
• If you are not satisfied with your order, any unopened products may be returned to us by submitting a returns request by email to customersupportsa@coloplast.com or phone (011) 700 5000, within 10 days from the date of order delivery. The cost of the return will be on the consumer to cover. Coloplast will only accept unopened goods in their original packaging for an exchange, credit note or refund. Once your order has been verified and approved, a refund will be processed. Alternatively, we can charge an upliftment fee and arrange for the collection of the products.

d. To the extent permitted by law, we will not pay for damages or losses incurred by you in relation to the Products where such damages incurred, or loss suffered occurred:

• was not caused by us and which we could not have reasonably foreseen; and/or

• was related to any third-party conduct that was independent of us and outside of our control (including after dispatch)

e. To the extent permitted by law, we may provide the following remedies:

• replacing the defective Products or supply equivalent Products; or

• pay the cost of replacing the Products or acquiring equivalent Products

f. We want you to have a positive experience with us and our Products. If you have any cause for concern, or you wish to make a claim in relation to the Products or the Service, please contact our Coloplast Care Direct team on 011 700 5000 (during the hours 8:30 am to 16:30 pm Monday to Friday SAST), or by email at customersupportsa@coloplast.com. 

7. Limitation of liability

a. To the maximum extent permitted by law, in no event will Coloplast or its affiliates, suppliers or resellers be liable for any special, incidental, indirect, exemplary or consequential loss or damage whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, information provided on the Website or otherwise in relation to the Products, whether arising in tort (including negligence), contract or any other legal theory.

b. To the maximum extent permitted by law and in any case, Coloplast's, its affiliates', suppliers' and resellers' maximum cumulative liability and your exclusive remedy for any claims arising out of or related to these Terms, or the use of the Service or Products purchased through the Service will be limited to the amount actually paid by you for the Products in the preceding twelve (12) months, or the amount actually paid for the Products which the claim refers to, whichever is lowest.

8. Intellectual Property

a. The Service and its entire contents, features and functionality (including, but not limited to, all information, software, products, text, displays, images, video and audio, and the design, selection and arrangement thereof) is the exclusive property of Coloplast, its affiliates, its licensors or other providers of such material, as applicable, and are protected by copyright, patent, trademark and other intellectual or proprietary rights laws.

b. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material in the Service. No right, title or interest in or to the Service or any content in the Service is transferred to you, and all rights not expressly granted are reserved by Coloplast.

c. The trademarks, logos, product and service marks, designs and slogans (collectively the “Trademarks”) displayed in the Service are registered and unregistered Trademarks of Coloplast and its affiliates or licensors or their respective owners.

d. Nothing contained in the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or contained in the Service without written permission from Coloplast. Coloplast does not waive any right to any Trademark or to any other intellectual property rights and nothing herein, including the absence of a Trademark in this Service or shall be construed to the contrary. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

e. In order to improve readability, Coloplast does not use ^™or ^®in the running text or on pictures and other images in this Service, either for its own Trademarks or for the Trademarks of third parties. By doing so, however, Coloplast does not waive any rights to its Trademarks.

9. Privacy

a. These Terms incorporate our Privacy Policy which may be found at Privacy Notice - Coloplast South Africa or by contacting the Coloplast Privacy Officer by emailing DataProtectionOffice@Coloplast.com .

b. We may, in accordance with our Privacy Policy and any applicable law, collect and hold personal information about you, including through the administration and management of Customer orders, market research, marketing Coloplast products and any other purpose relating to these Terms.

10. Miscellaneous

a. Accuracy and completeness: To the maximum extent permitted by law, we do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error free. Your use of, or inability to use, the Service is at your sole risk. The material on our Website or Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information such as proper professional or medical advice in relation to the use of our products which you acknowledge and agree to seek as appropriate. To the maximum extent permitted by law, in no event shall we be liable for any loss caused due to information provided on our Website.

b. Prohibited uses: You shall use the Service only for lawful purposes and in accordance with these Terms. You shall not use the Service in any manner that could impair, overburden, damage, or disable the Service, any server or network of Coloplast or its affiliates. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses, in our sole discretion.

c. Termination: We have the right to terminate your access to the Service or an agreement with you, with or without cause by giving notice to you. Upon such termination we will refund amounts paid in relation to undelivered goods which will not be delivered due to such termination. We are not otherwise liable whatsoever to you or any third party as a result of such a termination.

d. Force majeure: Coloplast will not be liable and the Customer will not be entitled to cancel any purchase order, for any delay or failure by Coloplast to perform its obligations under these Terms caused by any event or circumstance beyond Coloplast's reasonable control (includingwar, mobilisation or military draft of a similar scope, terrorism, sabotage, general or local industrial action, fire, flood, natural disaster, requisition, seizure, public authority order, trade restriction, payment restriction, unavailability of systems, uprising or riot, pandemic, epidemic, shortage of means of transport, shortage of personnel, shortage in material, general shortage, any limitation in the provision of electricity, fuel, or data communications and telecommunications, as well as other similar incidents and any other circumstance over which we have no control, " Force Majeure Event"). Any delay in delivery on part of any party assisting us in the performance of the agreement which is caused by any such Force Majeure Event will result in the delivery time being extended for as long as is reasonable under the circumstances. We shall be entitled to extend the delivery time notwithstanding that the reason for delay arose after the end of the originally agreed delivery time.

e. Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

f. Assignment: You may not transfer any of your rights or obligations under these terms to another person without our prior written consent, which we will not withhold unreasonably. We may transfer all or any of our rights and obligations under these terms to another party, but this will not affect your rights under these terms.

g. Headings for reference only: The headings of sections and paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of these Terms.

h.Governing law and dispute resolution: All matters relating to the Service and/or purchase of Products through the Service and these Terms and any dispute of claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of South Africa.