Terms & Conditions of Supply
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We would like to thank you for visiting www.mentholatum.co.uk (“Mentholatum website”) and your interest in our Mentholatum products.
Access to the Mentholatum website is provided to you by The Mentholatum Company Limited having its principal place of business at 1, Redwood Avenue, Peel Park Campus, East Kilbride G74 5PE, Scotland, UK. Registered in England and Wales under company registration number: 197071 and having its registered office at Tricor Suite, 7th Floor, 52-54 Gracechurch Street, London, EC3V 0EH. VAT registration number: 208310014 (“we”, “us”, “our” or “The Mentholatum Company”). All the information and, products promoted and made available to you for sale on the Mentholatum website (the “Products”) are subject to the following terms and conditions (“Terms & Conditions”).
Please make sure that you read our Terms & Conditions (together with the documents referred to herein) carefully as by using the Mentholatum website and placing an order, you are acknowledging that you have read, understood, and agreed, without limitation or qualification, to be bound by these Terms & Conditions.
Please ensure that you tick the box at the end of these Terms and Conditions to show that you have read these Terms and Conditions. Please understand that if you do not acknowledge that you have read these Terms and Conditions, you will not be able to order any Products from the Mentholatum website. We reserve the rights to update our Terms & Conditions at any time and without any notice so please ensure that you read our Terms & Conditions every time you use the Mentholatum website.
Note: All the Products available for purchase on our Mentholatum website are intended for personal use only. In this respect we reserve the rights to cancel without justification any orders which we deem in breach with our Terms & Conditions. Please contact us if you have any queries.
1. Prices
1.1 Prices for all the Products available on the Mentholatum website are quoted in UK Pounds (£), inclusive of VAT at current rate and exclusive of postage & packaging (the “Delivery Charges”). 1.2 Delivery Charges will be added to your order at check out – as per our delivery policy (the “Delivery Policy”), unless indicated otherwise. 1.3 Prices will be invoiced as quoted to you at the time you submitted your order to us. 1.4 We reserve the right to increase our Product prices and Delivery Charges from time to time and without any notice to reflect industry fluctuations. 1.5 The Mentholatum website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Mentholatum website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Mentholatum website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. 1.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
2. Registration to the Mentholatum website
2.1 If you are placing an order with us for the first time, you will be asked to register your details prior to visiting the Mentholatum online shop. Your details will be dealt with in accordance with the terms of our Privacy Policy. This really quick and easy registration process allows us to ensure that we have the basic details we need to dispatch your future orders. It is your responsibility to ensure that all the details provided by yourself are correct and accurate as we cannot be held responsible for orders dispatched to incorrect delivery addresses due to your negligence. It is also your responsibility to ensure that those details are up to date every time you place an order so that your future orders are dispatched to the correct address. 2.2 The information provided by you during the registration process will not be shared with any third parties outside of The Mentholatum Company. However it is your responsibility to ensure that you keep your account log in details confidential and do not share them with anyone as you are the sole person responsible for any activity taking place within your Mentholatum website account. 2.3 If you think that someone has inadvertently had access to your Mentholatum account log in details please get in touch with us by email immediately so that we can send you a new password/close down your account.
3. Placing an order / Order acceptance
3.1 By placing an order through the Mentholatum website, you warrant that: 3.1.1 You are legally capable of entering into binding contracts; 3.1.2 You are at least 18 years old; and 3.1.3 You are resident in the UK and are accessing the Mentholatum website from the UK. 3.2 To place an order on the Mentholatum website simply select the items you would like to purchase and the quantity required. You may review the content of your basket at any time during this process. Please review your basket contents carefully when checking out as this is your last opportunity to amend your order. 3.3 By clicking on the “Submit” button at the end of the on-line order process you are initiating a selling contract with The Mentholatum Company. 3.4 An email acknowledging receipt of your order will be sent to you once we have received your order request. Please keep this written proof of your order safe as it will contain some key information – such as an order number, a summary of the Products you ordered and their cost as well as the total amount to be debited to your valid debit/credit card, to help us identify your order easily if necessary at a later stage. Please note that this email is not an order acceptance from The Mentholatum Company. Your order constitutes an offer to us to buy a Product. 3.5 You will be notified by email as soon as the card issuer has authorised your payment request. 3.6 The selling contract between us (the “Contract”), initiated by you is subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The Contract will only be formed when we send you the Dispatch Confirmation. In accordance with The Consumer Protection (Distance Selling) Regulations 2000 your confirmed order will be fulfilled within 30 days from the day after your order has been placed. 3.7 Information on your rights to cancel an order can be found under “Order Cancellation”. 3.8 We reserve the rights to decline any orders if we are unable to obtain authorisation from the card issuer for your payment, if we suspect fraudulent activity or breach of our Terms & Conditions or if we identify pricing errors. 3.9 If we are unable to fulfil your order after we have acknowledged acceptance of your order, we will contact you by email to inform you. 3.10 For any information about your order please contact us by email. Our offices are open from 9am – 5pm, Monday to Thursday and, Friday from 9am to 1.30pm excluding Scottish Bank Holidays. 3.11 If you require a VAT invoice please contact us by email within 24 hours of placing your order.
4. Consumer rights
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 12 below). 4.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5. Payment
5.1 You may use any payment methods listed at the beginning of the on-line Payment process on the Mentholatum website. 5.2 Prior to making your payment please ensure that you are the card holder of a valid debit/credit card or that you have written permission from the card holder to proceed with the payment of the order. 5.3 In the event your card issuer declines payment – for any reason, whether in advance or subsequent to a payment, we will not be in a position to dispatch your order and therefore we cannot be held responsible for any delay or non-delivery.
6. Title to Products
6.1 Title to the Products you ordered will pass to you as soon as full payment of all sums due in respect of the Products (including any Delivery Charges) has reached our account. Legal ownership of the Products will immediately revert to us if we refund any such payment to you.
7. Postage & Packaging / Delivery
7.1 We deliver orders to UK addresses only – using a standard postal delivery service. 7.2 The standard postal delivery charge (“post & packaging”) on all orders varies depending on the total weight of the order (please contact us by email for more information) and it will be added to your order at checkout unless stated otherwise. We reserve the rights to increase the post & packaging charge at any time on the Mentholatum website to reflect the latest industry rates. 7.3 Please allow 5 to 7 working days - from the day your payment has reached our account, for the order to reach you. Please allow 2 extra days for deliveries to off-shore islands, Scottish Highlands and Northern Ireland. Any delivery timescales quoted to you are indicative only. In the event of a postal strike your order might take longer to reach you. We are not liable in any way for delayed delivery caused by any third party or circumstances beyond our control. 7.4 Orders are processed and shipped on business working days only – Monday to Friday, excluding Scottish bank holidays. 7.5 The order will be dispatched to the delivery address as entered by you during the check-out process. Please ensure that the delivery address provided is accurate as we cannot be held responsible for orders dispatched to incorrect addresses due to your negligence. 7.6 If you have still not received your order after 7 working days – that is from the day your payment has reached our account, please get in touch with us by email.
8. Risk of loss
8.1 Risks in the Products will pass to you upon delivery.
9. Acceptance of Products
9.1 You are responsible for any risks related to the Products upon delivery of the order to you. It is your responsibility to inspect the Products upon delivery and to notify us by email of any issues with the delivered Products within 7 working days of receipt of delivery of the Products by you. You will be deemed to have accepted the Products unless you notify us that you have cancelled the order and/or return the Products in accordance with our Returns policy. If we haven’t heard from you within this time frame, we shall not be obliged to accept any rejection of the Products at a later date. This does not affect your statutory rights.
10. Order cancellation
10.1 To cancel your order you must do so by email, within 7 working days from the day after you have received your Products. When writing to us please include your contact details and your order reference number. 10.2 When you return a Product to us: 10.2.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. 10.2.2 for any other reason (for instance, because you have notified us in accordance with clause 20 that you do not agree to any change in these Terms and Conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 10.2.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. 10.2.4 Please note that we will only accept cancellation requests for the Products purchased on our Mentholatum website so please ensure that you keep note of your order reference number for at least 14 days from the day you received your order. In this respect any faulty/unwanted Products purchased from a third party retailer must be returned to the outlet where they were purchased from and it is the responsibility of that third party retailer to take adequate action.
11. Returns
11.1 Our Products are manufactured to the highest quality standards. In the event some of the Products you purchased on our Mentholatum website - and on our Mentholatum website only, do not meet your quality expectations we will arrange for a refund providing that the returned products are returned to us in their original pristine condition i.e. unbroken seals, undamaged packaging, unused products, and adequately packaged. 11.2 At The Mentholatum Company we pay extra attention to all of our orders from packing to delivery. In the unlikely event you have been sent the wrong items please email us within 48 hours of receipt of delivery by you so that we can take corrective actions. 11.3 Due to the nature of our Products and for obvious hygiene concerns we are not in a position to accept any Products which we deem in breach of our Returns policy as stated in the paragraph above. In such a situation we will notify you by email if no refund will be processed and you will be responsible for arranging for such Products to be returned to you at your own cost within 30 days of our notification unless specified otherwise in these Terms and Conditions and in particular in accordance with your Consumer rights as set out in paragraph 4 above. 11.4 To return an item back to us, please inform us by email within 48 hours of your receipt of the order and return the Products to us – at your own cost, adequately packaged within 14 days from the day after you received your order. 11.5 When returning an item you agree to do so in accordance with our Terms & Conditions. Please return the Products to:
The Mentholatum Company Ltd UK MENTHOLATUM RETURNS 1 Redwood Avenue Peel Park Campus East Kilbride G74 5PE
11.6 We will inspect the returned Products upon receipt and arrange for a refund of the price of the Products – excluding all initial and return related Post & Packaging cost (unless otherwise stated in these Terms and Conditions). 11.7 As we can only initiate process of the returned Products (unless you are cancelling the Contract in accordance with paragraph 10.2.1) once those have been received by us we highly recommend that you obtain a proof of postage when you return the Products to us. We cannot be liable for returned Products lost in transit. 11.8 We will email you as soon as the returned Products have been received by us. 11.9 Any refund payment will be processed to the original card holder’s account. We do not offer any cash alternatives or credit notes. 11.10 None of the above terms affect your statutory rights.
12. Out of stock
12.1 If a Product is out of stock at the time you are placing your order this will be made clear to you on the screen and any out of stock item will not be added to your shopping basket.
13. Our liability
13.1 We warrant to you that any Product purchased from us through the Mentholatum website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 13.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any direct losses which are a reasonably foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. 13.3 Where you buy any Product from a third party seller through the Mentholatum website, or directly from a third party, the seller's individual liability will be set out in the seller's terms and conditions. 13.4 We, including all directors, other office holders, employees or other representatives exclude our liability to the fullest extent permitted by law. 13.5 Nothing in this clause 13 limits in any way our liability: 13.5.1 For death or personal injury caused by our negligence; 13.5.2 Under section 2(3) of the Consumer Protection Act 1987; 13.5.3 For fraud or fraudulent misrepresentation; or 13.5.4 For any deliberate breaches of these Terms and Conditions by us that would entitle you to terminate the contract between us. 13.5.5 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
14. Intellectual property 14.1 We retain all intellectual property rights in and related to the Products (“Intellectual Property Rights”) and nothing in these Terms and Conditions and shall be taken to grant any rights to you in respect of such Intellectual Property Rights save to the extent provided in these terms and conditions.
15. Transfer of rights and obligations
15.1 The Contract between you and us is binding on you and us and on our respective successors and assigns. 15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. Waiver
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. 17.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
18. Severability
18.1 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
19.1 These Terms and Conditions and any document expressly referred to in them contained within the Mentholatum website constitutes the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any warranties, guarantees or representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions. Accordingly, each of us waives any and all rights and remedies that may be awarded to us in respect of any such warranties, guarantees, representations, undertakings or promises which are hereby excluded to the fullest extent permitted by law. 19.3 We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.
20. Our right to vary these Terms and Conditions
20.1 We have the right to revise and amend these Terms and Conditions from time to time. 20.2 You will be subject to the policies and Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. General queries
21.1 If you have any questions related to your order or our Terms & Conditions please email us.
22. Law and jurisdiction These Terms and Conditions and all Contracts for the purchase of Products through the Mentholatum website will be governed by Scots law. Any dispute arising from, or related to, such Terms and Conditions and Contracts shall be subject to the non-exclusive jurisdiction of the courts of Scotland. |