GENERAL TERMS AND CONDITIONS OF SALE

Applicable July, 2021

This document summarises the general terms & conditions of sale (hereafter the T&Cs) which Essity United Kingdom Limited (the “Company”) offers to their Customers. The Customers and the Company are collectively referred to as the “Parties”.

These T&Cs shall apply to any sale of Essity products via our shopping site shop.tena.co.uk (the “Site”) and namely to any sale of TENA products.

Before buying any products, we recommend you read our T&Cs, the terms of use and our Data Privacy Policy. We remind you that the sale of goods is reserved to adults over 18 years of age.

Article 1 – Subject

The present T&Cs aim at defining the rights and obligations of the Parties within the context of an online sale of Goods offered by the Company to his Customers.

The Company may change the present T&Cs from time to time. The new version will apply to all orders placed after the issuance of the new terms on the Site.

By Customer, we mean any individual purchasing on this Site and requiring the products to be delivered in the United Kingdom.

The present T&Cs express the conditions under which the Company proposes and provides remotely and by electronical way the supply of his products to his Customers. By doing so, the Company is committed to comply to all laws and regulations of the United Kingdom.

The Customer acknowledges and accepts without reservations the present T&Cs before ordering any products. No general or specific conditions included in the documents sent by or delivered to the Customer shall be integrated into the present T&Cs without the expressed written consent of the Company. The Company has the right to change the T&Cs from time to time.

Article 2 – Contractual documents

An agreement is formed between the Parties. It includes the following contractual documents presented in a decreasing precedence order:

  1. The electronic order form,
  2. The present T&Cs.

In case of discrepancies between the clauses contained in the various documents, the clauses from the document having precedence shall prevail. 

Article 3 - Identification of the Company offering the goods

In accordance with the legal requirements, please find herewith mandatory information regarding Essity:

  1. Vendor’s name: ESSITY UNITED KINGDOM, a limited company, having its registered office located at Southfields Road, Dunstable, United Kingdom and registered with the Trade and Companies Registry of England and Wales under number 3226403.
  2. General Queries: query@essity.com
  3. Customer Service Queries: support@shop.tena.co.uk

Article 4 - Entering into force – Term

The present T&Cs enter into force when the Customer finalises their order. They remain applicable for the term necessary to the delivery of the products bought and until all warranties lapse.

Article 5 – the Order

Order Registration and validation:

The Customer orders directly online. By doing so, the Customer is making an offer. Once his basket is validated, the Customers shall agree to the T&Cs, indicate the shipping address and delivery mode, and finally validate the payment conditions. This last step shall formalise the sale agreement between the Company and the Customer.

Any order means acceptance of the prices and descriptions of the products on sale. Any disputes and claims on those matters shall be expressed in the context of discussions arising out of the necessity to exchange the Product and shall be limited to the warranties defined hereafter.

The Company shall acknowledge receipt of the order by sending an electronic mail as soon as it is validated.

In some cases, notably in case of payment defaults, wrong addresses or other problems occurring on the Customer’s order or account, the Company shall have the right to modify or cancel the order.

Article 6 – Electronic signature

The electronic signature occurs when the Customer submits the order. This signature has the same value as the handwritten signature. 
Any order submitted by the Customer constitutes a definite and firm commitment.

Article 7 – Proof of transaction

The computerised records maintained in the IT systems of the Company in reasonable secured conditions shall be considered as proofs of communications, orders and payments between the Parties.

The archiving of the orders and invoices shall be on reliable and long lasting support in order to provide a true proof of the transaction.

Article 8 – Information over the Products

The Company offers products for sale on their site and informs Customers on their features in compliance with applicable laws and regulations providing that the Customer shall be informed on the essential features of the products before buying them.

Products and promotions offered by the Company are valid as long as stocks are available.

Products’ visuals are for illustrative purposes only. Your Product may vary slightly from these images.

Should the ordered Product be unavailable, the Company shall contact the Customer to find an alternative solution. Depending upon the solution, the Company may reimburse the Customer of the amounts already paid, without unnecessary delays and at the very latest within 30 days of their payment by the Customer.

Article 9 – Prices

Prices are in British pounds and are valid at the date when the order is placed by the Customer. They are set exclusive of shipping fees, invoiced at the end of the process and indicated before the order validation.

  1. Prices are VAT inclusive (VAT in force in the United Kingdom at the date of the order).
  2. Any change in the VAT figure shall be automatically reported on the final price to be paid.
  3. The payment shall be effective at the date of the order. No partial advance payment shall be accepted.

Article 10 – Payment methods

On this site, the Customer can pay using: Visa, Mastercard and American Express — including the use of Apple Pay and Google pay services.

The Customer warrants the Company that he has all the necessary authorisations to use the chosen payment methods. The Company may suspend any order or delivery in case of refusal of payment authorisation by credit card providers.

The Company may also refuse to deliver the product or honour an order issued by a Customer having not paid in totality their previous order or with whom a payment litigation would be pending.

Article 11 – Shipping conditions

The products are delivered at the shipping address mentioned by the Customer on the online order form. The Company shall only deliver to the United Kingdom within the delivery dates mentioned at the time of the order and within the limit of the available stocks. The invoice shall be sent by electronic means to the address mentioned on the Customer account.

The delivery dates mentioned are merely indicative and given in good faith. We are not responsible for delays outside our control. If delivery of the products to you is delayed by an event outside our control (e.g. because of postal/courier delays, logistics or bad weather), we’ll let you know as soon as possible. If there is a risk of substantial delay, you can contact us to cancel your order via an email to support@shop.tena.co.uk.

Article 12 – Shipping mistakes and Products checks

Products shipped must be inspected on arrival and any damaged or missing goods shall be the subject of written and detailed account from the Customer to the Company on the day of the delivery and transmitted as soon as possible.

Any claim not addressed in accordance with the rules hereabove mentioned and in accordance with the mentioned schedule shall not be taken into consideration and the Company shall not be considered liable towards the Customer.

If you have received an incorrect item in the last 60 days, please email us with your order number as well as picture details of the item you received (style, size, colour). We aim to send out replacement products within 3 working days after your request has been processed.

If the product that you ordered is no longer available, we may offer you substituted goods of a similar nature and quality. In this case, we will contact you and ask if you wish to proceed.

If you have received an item which is faulty (some exceptions apply*), we will happily replace product you purchased in the last 90 days. Please contact us, providing your order number and a clear description of the issue with pictures clearly showing the fault.

*Does not apply to products marked as not in perfect condition or if we informed you about any fault before you bought the item. Products damaged by wear and tear, an accident or misuse are also not eligible.

Article 13 - Withdrawal

Please see our Returns Policy for your rights of Withdrawal. 
By accepting the T&Cs, the Customer also accepts the Returns Policy.

Article 14 - Data Protection

The Company collects personal data to prepare and follow-up your order. The legal basis for this collection is the performance of the contract.

All data is collected, stored and used in compliance with the EU General Regulation on Data Protection as incorporated in the UK legislation.

Customers are invited to read our Privacy Policy to get all information related to this topic.

The Company undertakes to take appropriate technical and organisational measures to protect the Personal Data, which it processes.

The Customer is made aware that their data is stored primarily in the Republic of Ireland and transferred outside the EEA.

Article 15 – Force Majeure

Neither party shall be in breach of this Agreement, or otherwise liable to the other, by reason of any delay in performance, or non-performance of any of its obligations due to a Force Majeure Event. A Force Majeure Event shall not entitle either party to terminate this Agreement.

If either party is affected by a Force Majeure Event under this Agreement it shall immediately notify the other party in writing of the matters constituting the Force Majeure Event and shall keep that party fully informed of their continuance and of any relevant change of circumstances whilst such Force Majeure Event continues.

The party affected by a Force Majeure Event shall take all reasonable steps to minimise the effects of the Force Majeure Event on the performance of its obligations under this Agreement.

The Company will reimburse the amount paid within 30 days following the Event. 
A Force Majeure Event shall mean an event beyond a Party’s and/or its Affiliates’ reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable (using commercially reasonable efforts) including, but not limited to, embargoes, governmental restrictions, wars, war-like actions, riots, uprising, revolutions, lockout, strike (other than strike limited to Supplier's work force), pandemics, fires and floods, earthquakes and other acts of God.

Article 16 – Severability

If one or several of the present provisions are or at any time become to any extent invalid, illegal or unenforceable under any enactment or rule of Law, or definite Court decisions, it shall to that extent be deemed not to form part of this Agreement but it and all other provisions of this Agreement shall continue in full force and effect.

Article 17 – Waiver clause

The fact that one Party shall not take advantage of the other Party’s failure or negligence to enforce at any time any of the obligations mentioned in of the provisions hereof, shall not be construed as nor shall be deemed for the future to be as a waiver of that Party’s right.

Article 18 - Disputes, Claims and ADR

These T&Cs are governed and construed in accordance with the laws of England and Wales.

If you would like to speak to someone else in respect of products you have ordered from us please consider the information on ‘Alternative Dispute Resolution’ and the Citizens Advice Service set out below.

1. (a) Alternative Dispute Resolution (“ADR”) 

ADR is a process where an independent body considers the facts of a dispute and seeks to resolve it, outside the court system. 
The European Union has established its own ADR platform which can be found at http://ec.europa.eu/odr.

2. (b) Citizens Advice. Further information may be available from Citizens Advice service. Please visit the Citizens Advice website at www.adviceguide.org.uk or call 03454 04 05 06 for further details.

Article 19 – Miscellaneous

Failure or neglect by either Party to enforce at any time any of the provisions hereof shall not be construed as nor shall be deemed to be a waiver of that party's rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice that party's right to take subsequent action.

Each provision of this Agreement is severable and distinct from the others. The parties intend that every such provision shall be and remain valid and enforceable to the fullest extent permitted by Law.