Terms of Use

Privacy Policy

Terms and Conditions of Sale

Terms and Conditions of Sale (“Terms and Conditions”) for the supply of products.

It is important that you read these Terms and Conditions carefully. Together with our Privacy Policy [SA1] and our  Terms of Use [SA2] they govern our relationship with you in relation to this Site, the app (the “Site”) and your purchase of products and service it. If you have any general queries or questions about these Terms and Conditions or do not wish to accept them, please contact the [TENA Net team on 0800 393 431[SA3] ], or at the following address, before continuing:

[TENA Net
Essity UK Limited
Southfields Road
Dunstable
Bedfordshire
LU6 3EJ[SA4] ]
 

You may have other rights granted by law, and these Terms and Conditions do not affect these unless you are purchasing products from us in connection with your business, in which case we exclude to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in these Terms and Conditions and the contract between us for the purchase of the products) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in your favour.

The contract between you and Us

a) Any contract for purchases made through this Site will be between you and [Essity UK Limited, whose registered office is Southfields Road, Dunstable, Bedfordshire LU6 3EJ, company registration number 3226403. Our VAT number is GB600433106[SA5] ] (“Essity”, “Us” or “We”)

b) To purchase from Us you must be over [18].

c) Once you have completed your order process, you will be asked to confirm that it is correct. If it is not correct, you can revisit your order and correct the mistakes before confirming and submitting your order to Us. It is your responsibility to ensure that your order is correct. Payment is due in full at the time of ordering and you may pay by Maestro, VISA, Mastercard and VISA Electron. Once payment has been received, We will confirm to you whether your order has been accepted by sending an email to you at the email address you provide to Us as part of the order process. The email will include your name, products ordered and the total price. Our acceptance of your order brings into existence a legally binding contract between us on these terms.

d) If the products that you have ordered are no longer available, We may offer you substituted products of a similar nature and quality. In this case, We will contact you and ask if you wish to proceed. If you confirm that you do wish to proceed, please remember that We will still not be under an obligation to supply the products to you until We have confirmed that We have accepted your order.

e) The prices payable for products as set out in the Site are inclusive of VAT and delivery, unless otherwise stated. Essity has taken every care in the preparation of the content of this Site, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, prices are subject to change without notice, and orders will only be accepted if there are no material errors in the description of the products or their prices as advertised on this Site. If We are unable to accept your order for any reason then We will, at our option, either not debit your credit card or refund any money paid by you in respect of that order. We will not dispatch the products until We receive payment in full. All items are subject to availability. We will inform you as soon as possible if the products you have ordered are not available by e-mailing you.

f) We are unable to deliver to addresses outside of [the United Kingdom]. If you require delivery of the products outside [the United Kingdom] you will not be able to complete your order via our Site.

Delivery of products to you

a) Essity will post, or arrange a courier on your behalf for, the products ordered by you to the name and address you give at the time you make your order.   

b) Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of our acceptance of your order. All delivery times quoted on the Site are estimates only, based on availability, normal processing and delivery company.

c) You will become the owner of the products you have ordered once We have received full payment from you and you have received them.

Your right to cancel

a) If you are a consumer (i.e. you are not purchasing the goods in connection with your business or you are not a business) you have the right to return the products to Us and receive a refund of your payment. In accordance with the legislation in force on distance selling, the customer has the right to waive his/her purchase without penalty and without giving reasons. You will need to inform Us in writing within [fourteen (14) working days], starting on the day after the products are received by you. The customer has [fourteen (14) calendar days] counting from the receipt of the products ordered to send them back to [Essity UK Ltd] for an exchange or refund. In order to obtain an exchange or refund, the customer must send back the products in the original packaging, unopened, undamaged and together with any accessories, to the address below. Products that have been opened will not be refunded.

b) If you choose to cancel in accordance with (a) above then you must return the products to Us in the condition in which you received them at your cost and risk, and We advise you to ensure that the products are adequately insured during the return journey.

c) All correspondence must be addressed to: [TENA Net, Essity UK Ltd, Southfields Road, Dunstable, Bedfordshire LU6 3EJ]. Once you have notified Essity that you are withdrawing your order, any sum debited to Essity from your credit card including delivery charges will be re-credited to your account as soon as possible and in any event within [fourteen (14) working/calendar days] of your notice of cancellation, PROVIDED THAT the products in question are returned by you and received by Essity in the condition they were in when delivered to you. Essity shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader. The re-payment will be made in the same way the consumer paid his/her order.

Damaged or defective products and our liability to you

a) We warrant that on delivery and for a period of [six (6)] months from the date of delivery, the products shall:

• conform in all material respects with their description subject to any qualification or representation contained in the brochures, advertisements or other documentation;
• be of satisfactory quality;
• be fit for any purpose We say the products are fit for or for any reasonable purpose for which you use the products;
• be free from material defects in design, material and workmanship; and
• comply with all applicable statutory and regulatory requirements for selling the products in [the United Kingdom].

b) If you are a consumer this warranty is in addition to your legal rights in relation to products which are faulty or which otherwise do not conform with these Terms and Conditions. Advice about your legal rights is available from your [local Citizens' Advice or trading standards office].

c) This warranty does not apply to any defect in the products arising from fair wear and tear, willful damage accident, negligence by you or any third party, if you use the products  in a way that We do not recommend, your failure to follow our instructions, or any alteration you carry out without our prior written approval.

d) In the unlikely event that the products do not conform with these Terms and Conditions please let Us know as soon as possible after delivery and We will arrange for their return at no cost to you. Once We have checked whether the products are faulty, We will replace the products or provide a full or partial refund of the price paid by you.

IF YOU ARE PURCHASING THE PRODUCTS:

- IN CONNECTION WITH YOUR BUSINESS: PARAGRAPHS BELOW DO NOT APPLY;

- FOR PERSONAL USE, PARAGRAPH b) BELOW APPLIES.

a) These Terms and Conditions do not exclude our liability (if any) to you for:

• personal injury or death resulting from our negligence;
• fraud or fraudulent misrepresentation;
• any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods Act 1982;
• losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or any other matter which it would be illegal for us to exclude or to attempt to exclude our liability.[SA6] 

b) We are only liable to you for losses which you suffer as a result of a breach of these Terms and Conditions by Us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of Us breaching these Terms and Conditions, for example if you and We could not have contemplated those losses before or when We enter into a contract. Our liability to you shall not in any circumstances include any business losses you may incur such as:

• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• waste of office or management time,

however, this clause (b) shall not prevent claims for foreseeable loss of or damage to your physical property.

c) Subject to paragraphs a) and b) above our liability to you for any losses you incur under each order for products is limited to [100%] of the value of the products under such order that you purchase from Us.

d) If you are purchasing the products in connection with your business then, except as provided in paragraph a) above, We shall have no liability to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation:

• pure economic loss;
• loss of profits (whether direct or indirect);
• loss of business;
• depletion of goodwill and like loss,

howsoever caused arising out of or in connection with the products, any use made or resale of the products by you, any breach of contract by Us or any statement or representation made by Us or on our behalf or otherwise under our contract with you for the purchase of the products provided that this paragraph d) shall not prevent claims for loss of or damage to your tangible property that are covered within paragraph a) above or any other claims for direct financial loss that are not excluded from any of the categories specified in this clause (d).

e) Subject to paragraphs a) and d) above our liability to you for any losses you incur in relation to each order for products in respect of any breach of contract by Us or any statement or representation made by Us or on our behalf or otherwise under our contract with you for the purchase of the products is limited to the value of the relevant order for products purchased by you.

Third parties

Nothing in the contract between us creates any right which is enforceable by any person who is not a party to the contract.

Force majeure

We will have no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to products delivered that is caused by any event or circumstance beyond our reasonable control.

Invalidity

If any part of these Terms and Conditions is unenforceable (including any provision in which Essity excludes its liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.

Complaints

a) Essity operate a complaint handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact the Customer Service department at the following address:

[TENA Net – Customer Services
Essity UK Ltd
Southfields Road
Dunstable
Bedfordshire
LU6 3EJ]

b) [The European Commission[SA7] ] has of 15th of February 2016 installed an Online Dispute Resolution (ODR) platform in order to facilitate for consumers to settle potential disputes out-of-court. You may access the platform here: http://ec.europa.eu/consumers/odr/

 Entire agreement

These Terms and Conditions, together with the current Essity web site prices, product descriptions, delivery details and Essity contact details, set out the whole of our contract relating to the supply of the products to you by Us.

Promotion codes[SA8] 

We may run promotions where the use of a promotion code is applicable and/or a free gift is sent with orders. In these circumstances:

• Promotion codes are only valid for orders placed online
• Essity reserves the right to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed
• Promotion codes may be withdrawn at any time
• Only one promotion code can be used per order and cannot be combined with any other promotion codes. The customer receives the best offer at the time of purchase
• [Free promotional gifts (such as the TENA product pouch free gift) may be sent with TENA Net orders for a certain period of time or until stocks of the free gift run out]
• Free promotional gifts may be restricted to certain types of orders or may be sent with all orders
• Essity cannot guarantee that all orders received during the free promotional gift time period will be supplied with the free gift
• Essity reserves the right to change these Terms and Conditions at any time
• In the event of product returns, the refund will be given minus the discount, plus a collection fee (if applicable)
• In the event of part of the order being returned, the refund will be given to the applicable product (s) minus the discount, plus a collection fee (if applicable)
• [Offer code only available to residents of the UK]
• Promotion codes are valid for a limited period of time as specified on our Site or in the relevant marketing communication relating to the promotional code, they cannot be used outside of that period

Other information which you should be aware of:

We advise you to print a copy of these Terms and Conditions for your information in the future.

Governing Law and jurisdiction[SA9] 

1. The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and Conditions or of any term of these Terms and Conditions and any non-contractual obligations arising out of or in connection with them will be governed by the [law of England and Wales].
2. [The English] courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms and Conditions or use of the Site.

Ownership of rights

All rights, including copyright, in this Site are owned by or licensed to Essity. You may not modify, distribute or re-post anything on this Site for any purpose. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Essity. To request permission to use contents from our Site for corporate use, please Contact Us.

Accuracy of content

Packaging may vary from that shown. Essity shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Site.

[TENA Net Subscription[SA10] 

With TENA Net’s online subscription service you can get automatic and regular deliveries of our products.  You can choose to have your delivery every month, every second month or every three months. After setting up your subscription, we will send a new order at your chosen time interval until you cancel the subscription.

Find more information about how you start, edit, or cancel a subscription click here.

Read our Privacy Policy for information on how we handle your personal information.

Delivery time

You will receive the first delivery 2-5 days after starting your subscription. Thereafter, We will ship a new order at your chosen time interval.

We cannot guarantee a specific date for your delivery. The date that is displayed next to your subscription under “My Subscriptions” is the next order date. This is the day when your order will be processed and sent to the warehouse for picking and shipment. Our deliveries generally take about 2-5 days, so you can usually expect your delivery a maximum 5 days after the order date.

For information on how to change the next order date for your subscription click here.

For late deliveries (more than 5 days) you have the right to cancel your order and get your money back.

Prices

You will always receive the current price as displayed on this Site at the time of your subscription order. This means that the price of each subscription order may differ from your very first order, such as a price increase or decrease since you started the subscription. When the order has been created, you will be sent an order confirmation email to the email address you provided when you setup your account. This order confirmation contains the final price of that order.  

You can always return your order within 14 days from delivery and get a full refund. Click here to read more.

Discounts & offers

We offer a discount of 5% off all subscription orders unless there is a better offer resulting in a cheaper price on the Site. The discount only applies to the products and not to any delivery costs.

If there is a discount on the Site at the time of your subscription order that is better than the subscription discount, you will automatically get that discount instead of the subscription discount.

Some examples:

• There is a Site offer that states “20% off all TENA Discreet” and you have ordered TENA Discreet as a subscription order. You will receive 20% off any TENA Discreet products in your subscription. You will not receive 20% TENA Discreet discount plus the 5% subscription discount
• There is a Site offer that states “Buy 3 TENA Men Active Fit and get 4” and you have ordered TENA Men as a subscription order. If you have a quantity of 3 TENA Men Active Fit in your subscription order, you will receive an extra pack of TENA Men Active Fit for free (i.e. 25% off). You will not receive the additional 5% subscription discount off the price. If you have a quantity of 2 or less TENA Men Active Fit in your subscription order, you will receive the 5% subscription discount.
• There is a Site offer that states “Buy 2 TENA Wash Cream and get 15% off” and you have ordered TENA Wash Cream as a subscription order. If you have a subscription with a quantity of 2 TENA Wash Cream, you will receive 15% off those products. You will not receive the 15% TENA Wash Cream discount plus the 5% subscription discount. If you only have a quantity of 1 TENA Wash Cream in your subscription order, you will receive the 5% subscription discount.

Promotional codes

You can use a promo code when you are at the check-out while setting up your subscription. The promo code discount will only apply to your first order. It is not possible to use a promo code for the reoccurring orders. 

If you have a promo code that you would like to use after you have set-up your subscription, you will need to cancel the current subscription and use the code when starting a new subscription. 

Payments

When starting your subscription by placing your first order, you can choose to pay by Maestro, VISA, Mastercard and VISA Electron. Your card details will be safely stored with our payment service provider, Barclaycard. The reason your payment card data is saved is to allow your payment card to be charged again when your next subscription order is shipped.

If We notice that your card is about to expire, We will send you an email asking you to update your payment card details. 

If We are unable to charge your card at the time of your order, the order will be cancelled. You will be notified that the order has been cancelled by email and you can start a new subscription. 

Read more about payments in TENA Net, click here.

Cancelling your subscription

There is no contract period for a [TENA Net subscription] and you can cancel your subscription at any time. You must cancel the subscription before order date that you see in the “My subscriptions” section under “My account”. To cancel your subscription order, just click the ‘cancel subscription’ text next to the subscription you wish to cancel, and click ‘ok’ when the pop-up box appears asking you to confirm you want to cancel.

If you need to return a product, click here to read more or if you need to make a complaint read more here.]

Do Not Sell Policy

Date: June, 2021

Do Not Sell My Personal Information

Notice to California Residents

If you are a California resident, the California Consumer Privacy Act (“CCPA”) provides you with a right to opt-out of the “sale” of your personal information to third parties. A “sale” of personal information is broadly defined to include transfers of personal information for monetary or other valuable consideration. TENA (together with its affiliates, “Essity”) shares certain personal information collected through this website with third parties under circumstances that might be deemed a “sale” under the CCPA when we allow third party technology partners to use cookies and other technologies to collect your information and present advertising messages based on your preferences and to help us identify other users likely to be interested in our products and services.

You can also opt-out of the use of your personal information for interest-based advertising in the following ways:

Visit the Digital Advertising Alliance (“DAA”) and/or Network Advertising Initiative (“NAI”) websites where you can opt-out of interest-based ads served by participating DAA and NAI members. Note, however, that not all advertising providers participate in the DAA and NAI. In addition, if you opt-out, you may still see online advertising from Essity and third parties, but the ads may be less relevant to you
Block third party cookies in your browser settings.
Use privacy browsers or ad-blocking browser plug-ins that let you block advertising trackers.
The opt-outs are device and browser based. Because the information being shared relates to your device ID and/or browser ID, you will need to opt out on each device and each browser. Opt-outs may be stored via cookies. If you clear cookies, or if your browser blocks cookies, your opt-out cookie may no longer be available so your opt-out choices can not to be honored. If you opt-out, Essity may still use your personal information to deliver contextual advertising or for non-interest based advertising purposes, such as analytics.

You can contact us at dataprivacy@essity.com to learn more about how to exercise your right to opt-out. Review our Global Privacy Policy and California Privacy Notice for more information about Essity’s privacy practices and your rights.

Contact us

If you have questions regarding this Privacy Notice, please contact us:
Iris Winter
Compliance Officer Data Protection
Group Function Sustainability
Quickbornstraße 24
D-20253 Hamburg, Germany
Tel: +49 40 4909-6546
dataprivacy@essity.com