Last Revised: December 20, 2018
TERMS OF SALE
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE TURTLE WAX PLATFORM. PLEASE NOTE THAT THESE TERMS OF SALE INCLUDE THE ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE.
APPLICABILITY
You are reading these Terms of Sale (“Terms of Sale”) because you are using a Turtle Wax website, digital experience, social media platform, or one of our other products or services, all of which are part of Turtle Wax’s platform (“Platform”). These Terms of Sale create a legally binding agreement between you and Turtle Wax and its affiliates (which we may refer to as “Turtle Wax,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform. We may revise these Terms of Sale without prior notice by posting revised Terms of Sale on the Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. Turtle Wax’s Terms of Use are incorporated herein by this reference. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
BY PLACING AN ORDER ON THE PLATFORM, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE.
PLACING ORDERS ON THE PLATFORM
ELIGIBILITY TO ORDER
To place an order on the Platform, you must be of legal age in your country.
NO PURCHASE FOR RESALE
The Platform is intended solely for Turtle Wax to sell Turtle Wax products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of a Turtle Wax product by someone who resells, or intends to resell, the Turtle Wax product to others (consumers, businesses or any third party). If Turtle Wax believes you are involved in purchase for resale, Turtle Wax reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
HOW TO ORDER
You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups to be able to use all the functionalities of the Platform. When you submit an order, we will send you an e-mail acknowledging receipt of your order and will process the payment. We will send you an e-mail confirming that the products have been shipped (“Confirmation”). We recommend that you print or download a copy of these Terms of Sale and the relevant Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
OUR RIGHT TO REJECT OR CANCEL YOUR ORDER
Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the order we cancelled:
- the product is not available/in stock;
- your billing information is not correct or not verifiable;
- your order is flagged by our security systems as an unusual order or an order susceptible to fraud;
- your bank transfer payment is not received;
- we believe you are under the legal age in your country;
- we believe that you are a reseller;
- there was an error in the price displayed on the Platform;
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control (see below); or
- in the event of misspelling, pricing, or other errors or mistakes in the Platform information.
TITLE TRANSFER
The risk of loss and title for products purchased from Turtle Wax pass to you upon our delivery to the carrier.
PRICE/PAYMENT
PROMOS/COUPONS
If using a promotional/coupon code, it must be entered during checkout in the designated “Promo Code” field to redeem the respective offer. Coupons may not be combined with other coupons or promotional offers, are limited to one per transaction, and may not be redeemed for cash, credit, or refund. See other restrictions in the terms of each offer. Turtle Wax reserves the right to restrict use of coupons on certain products, weight and destination fees, and expedited shipping charges.
PAYMENT METHODS
You can find the available payment methods during the checkout process. We do not accept any method of payment other than those listed on that page. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
PAYMENT PROCESSING
If you pay by credit/debit card, we will deduct the amount due from your account at the time you place your order. If no payment has been received when you submit your order, your purchase will automatically be cancelled. Payments can only be processed if the billing information can be verified. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your order may be suspended or cancelled if you do not resolve the issue promptly.
PRICES AND CURRENCY
The product prices displayed on the Platform may be exclusive of taxes depending on the location to which the order will be delivered.
- United States of America: If your order will be delivered to the United States, all prices are exclusive of sales tax. Sales tax may apply depending on the state of delivery and will be displayed before confirming your order on the Platform.
- UK and European Union: If your order will be delivered to the United Kingdom or European Union, all prices include VAT.
- Rest of the World: For orders shipped to countries outside the European Union, United Kingdom and United States, prices shown are inclusive of sales tax.
The product prices displayed on the Platform reflect any credit card fees applicable to us. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered.
Prices are quoted in local currency. If you change the country of delivery while browsing or during checkout, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country-specific pricing.
YOUR TOTAL PRICE
The total price specified in the final checkout screen includes tax and shipping costs as stated above. This price will be recorded in the Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
Local import duties and additional charge may be payable by you on receipt depending on the location of delivery. You are responsible for any import duties and clearance fees (where applicable) in your country and to check the duties and clearance fees with your local authorities.
PRICE CHANGES
The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in a Confirmation.
SHIPPING & DELIVERY
DELIVERY – WHERE AND WHEN
We do not ship to all locations and do not ship on certain public holidays. Please refer to the shipping section of the website for dates and the available delivery times and methods. We can only fulfill an order to a delivery address which is a home or office address. Questions regarding tracking numbers related to order Confirmations should be directed to the customer service section of the website.
SPLIT DELIVERY
Where possible, we try to deliver all items which you have ordered at the same time. However, please note that we reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs arising solely out of split deliveries.
INSPECTION UPON DELIVERY; LIMITED WARRANTY
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. Damaged products must be reported to customer service within 48 hours of receipt of order. Do not return damaged products. For additional damaged product information please contact customer service through the customer service portion of the website.
We warrant that our products are free from defects in materials and workmanship. Apart from this warranty, the products are provided as-is and we disclaim any warranties, express or implied, as to the product.
RETURNS & CANCELLATIONS
CANCELLING ORDER BEFORE SHIPMENT
You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please check the status of your order first by visiting the “Order status” link at the top right of the website.
If the status of your order is “Pending” or “On Hold” you may cancel your order by contacting us at the website’s customer service section. Our customer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an e-mail and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below.
RETURNING ORDERS AFTER DELIVERY – DEFECTIVE AND NONCONFORMING PRODUCTS
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For additional defective and nonconforming product information please contact customer service through the customer service portion of the website.
You are entitled to return products delivered to you that conform to your order within 30 days, and the purchase price will be refunded upon our receipt of the undamaged goods.
REFUND INFORMATION
Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to our customer service staff when you initiate the return so that we can refund the money directly to your account.
CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS
Pre-order is the process by which you can order a product in advance of the scheduled retail launch. Due to the nature of preordering, the following specific conditions apply to pre-ordered products:
- Pre-ordered products are targeted to be delivered before the retail launch date, if we have received your payment at least 3 working days before such date. Concrete delivery times depend on the moment the product is available in our warehouse. Standard delivery timelines will apply from the moment the pre-ordered product is available in our warehouse. This information is best estimates only, timelines are not binding.
- Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment. For bank transfers this may mean that delivery will be later than set out under the bullet point above.
- The scheduled retail launch date (product launch) for your pre-order product can be found in the product description page on the Website.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.
OTHER IMPORTANT TERMS
The images of the products on our Platform are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the colors of the products. In some cases, the packaging of a product may vary from that shown in images on our Platform. Turtle Wax does not warrant that product images, product descriptions, or other content on the Platform are accurate, complete, reliable, current, or error-free.
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale. You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.