Terms & Conditions of Sale
TENA
TERMS AND CONDITIONS OF SALE
Last Updated: 29/08/24
These terms (“Terms”) set out the terms and conditions on which you may purchase products from us on our website at https://shop.tena.co.uk/ (“Website”). These Terms will apply to all orders you make from our Website. The Terms are an important legal agreement between you and us, so please read them carefully and make sure that you understand them before ordering any products from us. If you don’t understand anything in these Terms, you can contact us for help by using the contact information set out in section 3 below.
We draw your attention in particular to section 13, which explains how we limit our liability to you.
1. ABOUT US AND THE TENA WEBSITE
1.1 This Website is provided to you by Essity UK Limited (our legal name) (“us”, “we” or “our”). All products sold on our Website are sold by us. Our registered office is Southfields Road, Dunstable, Bedfordshire, LU6 3EJ and our registered number is 03226403. Our VAT no. is GB 600 4331 06.
2. ABOUT THESE TERMS
2.1 These Terms apply to you when you place an order on our Website. Please read them carefully before placing an order and keep a copy for future reference.
2.2 We may change these Terms at any time and for any reason, including to reflect changes affecting our Website, our products and services, our technology, our licensing arrangements, our payment policies, best practices, relevant laws and/or regulatory requirements. When we do so, we will update the “Last Updated” date above. Any changes that we make to these Terms will not affect any existing order that we have accepted (see section 6 for information about how we accept orders). Before placing an order, you should check these Terms to make sure you are aware of any changes.
2.3 The following other terms and policies may also apply to you when you place an order through our Website and we urge you to read these carefully to ensure you understand them:
(a) our Website Terms of Service apply to you when you access and use our Website;
(b) our Promotion Terms apply to you when you take advantage of one of our promotional offers and separate terms and conditions apply to any seasonal sale that we may run from time to time;
(c) our Money Back Guarantee Terms and Conditions apply to you if you take advantage of our Money Back Guarantee (see Cancelling the contract under our Money Back Guarantee below);
(d) our Privacy Notice explains how we collect, store and process your personal data; and
(e) our Cookie Notice explains how we use cookies on our Website.
3. IF YOU NEED HELP OR WANT TO GET IN CONTACT
3.1 If you have any questions, comments or complaints, please do not hesitate to contact us. You can:
(a) email us at support@shop.tena.co.uk; or
(b) send us a letter to Customer Services, Essity UK Limited, Southfields Road, Dunstable, Bedfordshire, LU6 3EJ.
4. WHO CAN PLACE YOUR ORDER
4.1 You can only place orders with us on our Website if:
(a) you are a consumer (not a business);
(b) you are 18 years of age or older;
(c) you are a resident of the United Kingdom and we deliver to your delivery address (please see section 8); and
(d) you are able to make payment via one of our accepted payment methods (please see section 7).
5. ABOUT OUR PRODUCTS
5.1 We continuously strive to improve our products and to introduce new products. Therefore, our product lines change regularly and we cannot guarantee the continuous availability of any products on our Website.
5.2 Products placed in your basket may also have been placed in the basket of other customers and are not reserved to you. If a product you have placed in your basket goes out of stock before you are able to complete your order, it will be removed from your basket and you will not be able to purchase it.
5.3 Images of our products and their packaging are for illustrative purposes only. We make every effort to display colours and textures accurately, but we cannot guarantee that displayed or sample colours and textures will accurately reflect the true colour and texture of your products or their packaging.
6. PLACING AN ORDER
6.1 When placing an order, please make sure you provide complete and accurate information (for example, your delivery information). It is your responsibility to make sure that your order is correct and accurately reflects your selection. If an order is not correct in any way, please let us know quickly by contacting us using the contact information set out in section 3.
6.2 After you’ve completed the checkout process, we will contact you using the email address you provided during the checkout process to confirm we've received your order. This does not mean we have accepted your order. Your order is only accepted once we contact you again to confirm we've accepted and dispatched your order, at which point a legal contract will come into existence between you and us.
6.3 Sometimes we reject orders. For example, this may happen because a product is unexpectedly out of stock, because you are located outside our delivery areas or because the product was mispriced by us. When this happens, we will let you know as soon as possible and we will either not charge you for your order or refund any prepayment you have made.
7. PAYING FOR YOUR ORDER
7.1 We only accept payment via one of our accepted payment methods, which include Visa, Mastercard, American Express, Apple Pay and Google Pay. Please see the footer of our Website and the individual product pages for the full list of our accepted payment methods.
7.2 If we're unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
7.3 Prices for our products are as set out on our Website. Prices include any applicable VAT but exclude delivery charges (see section 8 for delivery).
7.4 Prices for our products may change from time to time. Price changes won’t affect any order you have already placed, unless the change relates to a change in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we reserve the right to adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
7.5 You will become the owner of the product you’ve ordered once we have accepted your order (as set out in section 6.2) and we have received full payment.
8. DELIVERY OF YOUR ORDER
8.1 We only deliver our products to mainland Great Britain (England, Scotland and Wales) and Northern Ireland. Unfortunately, we currently do not deliver to other addresses outside mainland Great Britain and Northern Ireland, including the Shetland Islands, the Orkney Islands and the Hebrides. We do not deliver to the Channel Islands or the Isle of Man, or to P.O. Boxes, BFPO addresses, hotels, hostels or prisons. Please see our Shipping Policy for full details about where we deliver and any restrictions or exclusions that apply.
8.2 We will arrange for delivery of the products using our chosen delivery partner. The product prices shown on our Website do not include delivery charges but you will be able to see what delivery charges apply during the check-out process before you submit your order.
8.3 We aim to deliver products to you as soon as we can and will contact you with an estimated delivery date when we dispatch your order. Please note that the estimated delivery date is just that and we cannot guarantee delivery by the estimated delivery date. However, we will ensure that all products are delivered to you within 30 (thirty) days of the day on which we accept your order.
8.4 We may deliver your products in several consignments but will not charge you extra delivery charges for this.
8.5 If no one is available to take delivery, our delivery partner will leave a note explaining where your delivery has been left or that it has been returned to the depot, in which case, you will need to contact the depot to arrange re-delivery.
8.6 If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can cancel your order (see Cancelling the contract because of something we’ve done or are going to do below for more information on how to do this).
9. YOUR RIGHTS TO END THE CONTRACT AND RETURN A PRODUCT
Returning a product because you've changed your mind
9.1 For most products bought from us online, you have a legal right to change your mind about your purchase within a 14 (fourteen) day cooling off period and receive a refund of what you paid for it, including standard delivery costs. The cooling off period starts when the contract is formed (see section 6.2) and ends 14 (fourteen) days after the day on which you have received all products forming part of your order. This right to return a product because you’ve changed your mind does not affect your legal rights if there is something wrong with your product (see If there is something wrong with your product below for more information).
9.2 For health and hygiene reasons, we generally cannot accept returns of products that have been unsealed or used after delivery (except where you are entitled to use our “Money Back Guarantee” – see Cancelling the contract under our Money Back Guarantee below for more information). We consider a product to be “unsealed” where any transparent film, security sticker or other seal has been broken or removed from the product or packaging. Although you cannot return these products just because you’ve changed your mind, this does not affect your legal rights if there is something wrong with your product (see If there is something wrong with your product below for more information).
9.3 If you change your mind about a product, you must let us know no later than 14 (fourteen) days after the day we deliver all products forming part of your order. Please let us know by contacting us using the contact information set out in section 3. You can tell us using the cancellation form at the bottom of these Terms, but this is optional.
9.4 You must send off your products to us within 14 (fourteen) days of telling us you have changed your mind. All products must be returned to us at Essity UK Limited, PO box 13263, Galashiels, TD1 9AJ. You are responsible for the cost of returning the product to us. We recommend that you use a tracked service.
9.5 If you handle the product in a way which would not be acceptable in a physical store, we reserve the right to reduce your refund to compensate us for its reduced value. For example, we may reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Support Team can advise you on whether we're likely to reduce your refund (see the contact information set out in section 3).
9.6 The maximum refund for delivery costs will be the cost of standard delivery. This means that if you have paid for express delivery, we will only refund the cost of standard delivery.
9.7 Your refund will be made within 14 (fourteen) days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with satisfactory evidence that you have sent the product back to us. Refunds will be made to your original payment method.
Cancelling the contract under the Money Back Guarantee
9.8 Our Money Back Guarantee only applies to our TENA Washable Absorbent Underwear and TENA Men Washable Protective Boxer products (“Eligible Products”). If you have purchased an Eligible Product from our Website or from a third-party UK retailer and you are unhappy with the fit or any other aspect of the product, you may be able to return it to us for a refund (excluding express shipping costs) or replacement under our limited 60-day money back guarantee (“Money Back Guarantee”). The Money Back Guarantee is offered by Essity UK Limited. It only applies to Eligible Products and can only be used once in any 12-month period (starting with the date of your first claim). For full details of our Money Back Guarantee, including information on eligibility, making a claim and the full terms and exclusions that apply, please see our Money Back Guarantee Terms and Conditions.
9.9 Our Money Back Guarantee does not affect:
(a) your legal right to change your mind about your purchase within your 14 (fourteen) day cooling off period (see Returning a product because you’ve changed your mind above for more information); or
(b) your legal rights if there is something wrong with your product (see If there is something wrong with your product below for more information).
Cancelling the contract because of something we’ve done or are going to do
9.10 If you want to cancel your contract because of something we’ve done or are going to do, for example, because we’ve told you there is going to be a substantial delay to the delivery of your product or because you have a legal right to cancel the contract because of something we have done wrong, we will refund you in full for your purchase (including full delivery costs).
9.11 Please let us know if you want to cancel the contract because of something we’ve done or are going to do by contacting us using the contact information set out in section 3.
9.12 If you cancel your contract, but the product has already been dispatched or delivered to you, please notify us as soon as possible and we will discuss the next steps, including to make arrangements for returning the product to us.
9.13 If you cancel your contract, any refund due will be made to your original payment method within 14 (fourteen) days after the date that you cancel the contract or, if the product has been dispatched or delivered to you, within 14 (fourteen) days after the date you have returned the product to us. If we do not receive the product back from you, we may be unable to process your return and refund.
If there is something wrong with your product
9.14 We have a legal duty to provide products that conform with the contract. We honour our legal duty to provide you with products that are as described to you on our Website and that meet all the requirements imposed by law. If you think your product is faulty or not as described, you may be entitled to a replacement or to reject the product and return it for a refund. More detailed advice about your legal rights in relation to faulty or misdescribed products is available from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk/) or Trading Standards office (www.gov.uk/find-local-trading-standards-office).
9.15 If you think there is something wrong with your product, please contact us using the contact information set out in section 3. We will let you know what to do next, including to make arrangements for returning the product to us.
9.16 If you are entitled to a refund because something is wrong with your product, we will reimburse to you all payments received from you in relation to the affected product, including all delivery charges. Any refund due to you will be made to your original payment method and will be made within 14 (fourteen) days after the date that we receive the product back from you and have had an opportunity to inspect it and determine the nature of the problem. If we do not receive the product, we may be unable to process your return and refund.
Who pays for the cost of returning the product to us
9.17 If you are required to return a product, we will pay the costs of the return if:
(a) the product is faulty or misdescribed;
(b) you are ending the contract because we’ve told you there is going to be a substantial delay to the delivery of your product; or
(c) you are ending the contract because you have a legal right to do so as a result of something we have done wrong.
9.18 If you are returning the product for reasons not set out in section 9.17, including where you are returning a product because you’ve changed your mind, you must pay the cost of return.
10. OUR RIGHTS TO END THE CONTRACT FOR YOUR ORDER
10.1 We may cancel the contract for your order (or only part of it, if applicable) at any time by notifying you if:
(a) your payment does not go through at the point we try to charge you;
(b) you do not, within a reasonable time, allow us to deliver your order to you;
(c) you are (or we reasonably suspect that you are) in breach of these Terms, in breach of any applicable law in relation to these Terms, or in breach of any other contract that may exist between you and us; or
(d) we are unable (or reasonably believe that we are unable) to fulfil your order for reasons beyond our reasonable control or for legal or regulatory reasons.
10.2 If we cancel the contract in the circumstances set out in section 10.1, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the contract (if applicable). Any refund due to you will be made using the same means of payment as you used for the initial transaction and will be made within 14 (fourteen) days after we notify you that we have cancelled the contract.
11. IF YOU BREACH THESE TERMS
11.1 If you are (or we reasonably suspect that you are) in breach of these Terms, we may take any or all of the following actions (without notifying you) to protect our interests and/or the interests of our customers:
(a) issue a warning to you;
(b) suspend or terminate your access to our Website and any account you may have with us;
(c) reject or cancel any order (or only part of it, if applicable) you may have placed with us, whether or not we have accepted it;
(d) take legal action against you;
(e) disclose information about you to law enforcement authorities; and
(f) take any other action we consider appropriate or necessary in the circumstances.
12. HOW WE USE YOUR PERSONAL DATA
Your privacy is important to us. We will collect, store and process your personal data in accordance with our Privacy Notice and our Cookie Notice. Please read these documents carefully to ensure that you understand how we use any personal data you give us and how we use cookies on our Website.
13. OUR RESPONSIBILITY FOR YOUR LOSS
13.1 Consumers have certain legal rights when purchasing goods and services. These are also known as “statutory rights”, as they are derived from laws such as the Consumer Rights Act 2015. Nothing in these Terms affects these rights and nothing in these Terms is intended to limit or exclude our liability where it would be unlawful to do so. In particular, we do not limit or exclude liability for fraud or for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
13.2 As explained in section 4, you can only purchase our products under these Terms if you are a consumer, not a business. Therefore, you understand that we have no liability to you for any direct or indirect business losses, including loss of profit, loss of revenue, loss of business, wasted expenditure, wasted management time, business interruption or loss of business opportunity.
13.3 Except as stated in section 13.1, we will not be liable under or in connection with these Terms (howsoever arising and including as a result of breach of contract, tort (including negligence) or statutory duty) for any loss or damage in circumstances where:
(a) there has been no breach of a legal duty of care owed by us;
(b) the loss or damage was not caused by us breaching these Terms;
(c) the loss or damage was not, at the time you agreed to these Terms, a reasonably foreseeable consequence of us breaching these Terms (loss or damage is “foreseeable” if either it is obvious that it will happen or if, at the time you agreed to these Terms, both of us knew it might happen);
(d) the loss or damage was caused by an event or circumstance beyond our reasonable control (as long as we’ve taken the steps set out in section 8.6); or
(e) you could have avoided the loss or damage by taking reasonable action.
14. APPLICABLE LAWS
These Terms are governed by English law and wherever you live in the United Kingdom you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the part of the United Kingdom in which you live. We can claim against you in the courts of the part of the United Kingdom in which you live.
15. RESOLVING DISPUTES
15.1 Please contact us using the contact details set out in section 3 of these Terms if you are unhappy with any aspect of our products, customer services or any other experience you have with us or our Website. We will try to resolve any disputes with you quickly and efficiently.
15.2 If we are unable to resolve any issues for you, or you are unhappy with the outcome, you may request that alternative dispute resolution (“ADR”) is used. ADR is a process for resolving disputes between you and us that does not involve going to court. We will provide you with the name and website address of an ADR provider that would be competent to deal with your issue.
15.3 If you make a request for the dispute to be settled by ADR, we will consider whether or not we wish to participate in ADR, but we are not obliged by law to participate.
15.4 If you do not wish to use ADR, or you are unhappy with the outcome of ADR, you can still bring court proceedings (see section 14 for more information).
16. OTHER IMPORTANT INFORMATION
16.1 Transferring rights: You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the contract or these Terms, without our prior written consent. You agree that we may transfer our rights and obligations under our contract with you and these Terms to a third-party purchaser of our business or to an affiliate, in which case we will notify you and explain your options. You also agree that we may use third parties and sub-contract our obligations, as long as we remain responsible to you for the performance of the contract.
16.2 Third party rights: The contract for your order is between you and us. Nobody else can enforce the contract and neither of us will need to ask anybody else to sign-off on ending or changing the contract.
16.3 If these Terms are invalidated: If a court or other authority decides that one or more of the provisions of these Terms are unlawful, then any offending provision shall be removed and the remaining provisions of these Terms will continue to apply.
16.4 Delays: We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to do, but that doesn’t mean we can't do it later.
16.5 Conflicts: If there is a conflict or inconsistency between these Terms and any of the other terms referred to in section 2.3, the provisions of these Terms will take priority to the extent necessary to resolve the conflict or inconsistency.
16.6 Interpretation: References to the word “include” or “including” (or any similar term) are not to be interpreted as implying any limitation and general words introduced by the word “other” (or any similar term) shall not be given a restrictive meaning by reason of the fact that they are preceded or followed by words indicating a particular class of acts, matters or things.
Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: Essity UK Limited
Address: Southfields Road, Dunstable, Bedfordshire, LU6 3EJ
Email address: support@shop.tena.co.uk
I hereby give notice that I cancel my contract of sale for:
Products: _____________________________________
Ordered on/received on: _____________________________________
Name of customer: _____________________________________
Address of customer: _____________________________________
_____________________________________
_____________________________________
Signature of customer: _____________________________________
(only if this form is notified on paper)
Date: _____________________________________
It is not obligatory to use this Cancellation Form. It is easiest and quickest to simply contact us using our contact details set out in section 3 of these Terms. If you do wish to use this Cancellation Form, please send it to us at the email or postal address set out at the top of this Cancellation Form.
Refund Policy
Returns and Refunds
Last updated: 29/08/24
We strive to provide the best customer service. If you are unhappy with your purchase, please get in touch with us and give us the chance to make it right.
Please note that we only accept returns or exchanges for products bought on our site (https://shop.tena.co.uk/) (unless you are relying on our Money Back Guarantee – see below).
60-day Money Back Guarantee
Our Money Back Guarantee only applies to our TENA Washable Absorbent Underwear and TENA Men Washable Protective Boxer products (“Eligible Products”). If you have purchased an Eligible Product, we're happy to give you your money back or exchange your Eligible Product within 60 days of purchase, if you open and try it and are not happy with it (excluding express delivery costs). You can only claim via our money back guarantee for one product within a 12-month period, so if you have purchased multiple items, we ask you to try one item first to ensure you are happy with it, before opening and using the rest. Once opened, you will not be able to return your other products, for hygiene reasons. To claim via our money back guarantee, all we ask is that you provide a 15-word statement about why the product wasn't right for you or why you'd like to exchange. For more information and to make a claim, please click here. For details of the full terms and exclusions that apply to our Money Back Guarantee, please click here.
If You Change Your Mind
We hope you’ll be delighted with our products. However, for most products bought from us online, you have a legal right to change your mind about your purchase within a 14-day cooling-off period and to receive a refund of what you paid. The maximum refund for delivery costs will be the cost of standard delivery, which means that if you have paid for express delivery, we will only refund the cost of standard delivery.
If you change your mind about a product, you must let us know no later than 14 days after the day we deliver all products forming part of your order. To tell us you would like to cancel, please contact us within the 14-day cooling-off period, providing your order number and, if possible, the reason for cancelling.
You must send off your product to us within 14 days of telling us you have changed your mind. All products must be returned to us at Essity UK Limited, PO box 13263, Galashiels, TD1 9AJ. You are responsible for the cost of returning the product to us. We recommend that you use a tracked service.
Your refund will be made within 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with satisfactory evidence that you have sent the product back to us. Refunds will be made to your original payment method.
For health and hygiene reasons, we generally cannot accept returns of products that have been unsealed or used after delivery (except where you are entitled to use our “Money Back Guarantee” – see above). We consider a product to be “unsealed” where any transparent film, security sticker or other seal has been broken or removed from the product or packaging. Although you cannot return these products just because you’ve changed your mind, this does not affect your legal rights if there is something wrong with your product (see below).
If you handle the product in a way which would not be acceptable in a physical store, we reserve the right to reduce your refund to compensate us for its reduced value. For example, we may reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Support Team can advise you on whether we're likely to reduce your refund.
If you Receive a Faulty or Incorrect Product
If you think your product is faulty or not as described, or that you have received the wrong product, you may be entitled to a replacement or to reject the product and return it for a refund. (A product is not considered faulty if we informed you about any fault before you bought the item.)
If you think there is something wrong with your product, please contact us as soon as possible, ideally within 30 days of receipt, providing (i) your order number, (ii) a clear description of the issue, and (iii) pictures showing the product you received (style, size, colour), including any fault.
We will let you know what to do next, including to make arrangements for returning the product to us.
If you are requesting a replacement but the product that you ordered is no longer available, we may offer you an alternative product of a similar nature and quality. In this case, we will contact you and ask if you wish to proceed. We aim to send out replacement products within 3 working days after your request has been processed.
If you are entitled to a refund because something is wrong with your product, or you have received the wrong product, we will refund all payments received from you in relation to the affected product, including all delivery charges.
Any refund due to you will be made to your original payment method and will be made within 14 days after the date that we receive the product back from you and have had an opportunity to inspect it and determine the nature of the problem. If we do not receive the product, we may be unable to process your return and refund.
More detailed advice about your legal rights in relation to faulty or misdescribed products is available from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk/) or Trading Standards office (www.gov.uk/find-local-trading-standards-office).
Contact Us
If you have any questions about this policy, contact us at support@shop.tena.co.uk.
