Terms of service

TENA

WEBSITE TERMS OF SERVICE

Last Updated: 29/08/24

1. Welcome to TENA

The TENA website available at https://shop.tena.co.uk/ (“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 600433106.

2. ABOUT THESE TERMS

2.1 By accessing and/or using our Website and the features and functionality made available through it, you agree to these Website Terms of Service (“Terms”). Please review these Terms carefully and keep a copy for future reference. We draw your attention in particular to section 13, which explains how we limit our liability to you.

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. You should check these Terms on a regular basis to keep yourself informed of any changes. If you continue to use our Website, you are deemed to have accepted any changes we make to these Terms. If you do not agree to (or cannot comply with) such changes, you should not use our Website.

2.3 The following other terms and policies may also apply to you when you use our Website and we urge you to read these carefully to ensure you understand them:

(a)  our Terms and Conditions of Sale apply to you when you make a purchase from 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 on certain eligible products;

(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. REGISTERING FOR AN ACCOUNT AND KEEPING IT SECURE

4.1 To use certain parts of our Website, you may be required to register for an account (an “Account”) by providing your name, your email address and a password of your choosing (“Registration Data”).

4.2 To be eligible to create an Account you must be at least 18 years of age.

4.3  You must ensure that your Registration Data, and any other information that you provide to us in relation to your Account, is accurate and kept up to date. We will use your Registration Data and such other information, as set out in our Privacy Notice.

4.4 You are responsible for your use of our Website or any other use that you have authorised, including any transactions that occur in respect of such use. You are also responsible for keeping your Registration Data secure and protecting it against unauthorised use and for ensuring the security of any device from which you sign into your Account. If you fail to do so, you are responsible for any unauthorised use of our Website using your Registration Data, including any transactions that occur in respect of such use and we shall have no liability to you in respect of such use. We recommend that you change your password from time to time to assist with security.

4.5 If you believe someone has accessed our Website using your Registration Data without your authorisation, it is your responsibility to set up a new password. You agree to immediately notify us of any unauthorised use of your Registration Data.

4.6 You may only have one Account at any one time. We may contact you and require you to satisfy us that you are not in breach of these Terms by operating multiple accounts at the same time.

4.7 You can ask us to delete your Account at any time by emailing us at dataprivacy@essity.com. We will delete your Account and any other data that you have provided in connection with your Account within 30 days of receiving your request. Once we have deleted your Account and such other information, it cannot be recovered. If you wish to obtain a copy of your Account data prior to deletion, please request access to your data in accordance with your rights set out in our Privacy Notice.

4.8 You can find your Account settings on our Website by clicking the head-and-shoulders profile icon at the top right of the Website. 

5. USING OUR WEBSITE

5.1 You can only use our Website if you are a consumer (not a business).

5.2   You are responsible for making all arrangements necessary to access our Website. In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Website. You are responsible for ensuring that no one else uses our Website on your devices. 

5.3  You acknowledge that your agreement with your mobile network and/or internet service provider will apply in respect of your use of data when using our Website and that you may be charged by your provider in respect of such use. You accept responsibility for such charges. If you are not the bill payer for the device being used to access our Website, you must obtain, and will be assumed to have received, permission from the bill payer for using our Website.

5.4  You must not (and you must not cause any other person to) any of the following (“Prohibited Uses”):

(a)   use any automated system or software to extract content or data from our Website for commercial purposes, except where you or any applicable third party has entered into a written agreement with us that permits such activity;

(b) interfere with, or disrupt, our Website or any servers or networks connected to our Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of our Website is rendered or displayed in a user’s browser or device;

(c) access our Website via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);

(d) attempt to restrict another user of our Website from using or enjoying our Website and you must not encourage or facilitate the breach of these Terms by others;

(e)  use our Website for any illegal or unauthorised purpose or in any way that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement, computer misuse, or collecting or harvesting any information or data from our systems or servers;

(f)  use our Website in any way that (i) is defamatory of any other person, (ii) is obscene or offensive, (iii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or (iv) is likely to harass, upset, embarrass, alarm or annoy any other person; or

(g) change, modify, adapt or alter our Website or change, modify or alter another Website so as to inaccurately imply an association with our Website or us.

6. NO PROMISES

6.1 We will do our best to make sure that our Website (and any email that we send to you in connection with our Website or our relationship with you) is accurate, reliable, up-to-date and free from bugs, trojan horses or other harmful components but we cannot promise that it will be, and you are responsible for putting in place your own internet security and safety measures.

6.2 The content displayed on our Website (and the content that we send to you by email) is made available to you for your general information and is for non-commercial use only. We give no promises that such content is accurate or reliable. The content is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the content made available on our Website is at your own risk. 

6.3 Our Website and the content displayed on our Website are provided free of charge and have not been developed to meet your specific requirements. We cannot promise that they will be fit or suitable for your specific purposes or that they will be compatible with all or any hardware or software which you may use. We also do not make any promises that our Website will be uninterrupted or error free, that defects will be corrected or that our Website or the server that makes it available are free of viruses or anything else that may be harmful or destructive.

6.4 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw access (partially or entirely) from our Website for any reason and without notice.

7. UPLOADING PRODUCT REVIEWS TO OUR WEBSITE

7.1 On certain parts of our Website, including product pages, you may be invited to submit product reviews for publication on our Website and/or use by us in accordance with these Terms.

7.2 Your product review and its content must not:

(a)  be, or cause you to use our Website in any way that is, a Prohibited Use (see section 5.4 of these Terms);

(b)  contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;

(c)  be illegal or infringe the Rights (as defined in section 8) or privacy rights of any third party, or include any personal or confidential information concerning any person; or

(d)  be technically harmful (by way of example it must not include any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

7.3 We may moderate any product review before it is uploaded to our Website. We may (in our absolute discretion) determine whether any product review is suitable for inclusion on our Website and make no guarantee that any product review will be uploaded to our Website or used by us.

7.4 We reserve the right to monitor and review product reviews posted by you and other users of our Website at any time, but do not have the obligation to do so. You acknowledge that, unless expressly stated otherwise, product reviews posted by you and other users of our Website have not been verified or approved by us. Views expressed by other users on our Website do not represent our views or values.

7.5 By uploading a product review to our Website, you grant us and our designees, together with users of our Website a worldwide, irrevocable, non-exclusive, transferable, royalty-free licence (which is unlimited in time) to view and use your product review to provide, use and improve our products and our Website. We also reserve the right, acting reasonably, to disclose your identity to any third party who is claiming that your product review infringes their Rights (as defined in section 8) or their right to privacy, or as required by law.

7.6 We make no guarantee that any product review will be kept on our Website for any length of time, and we reserve the right to remove any product review as we see fit, including if it does not comply with these Terms or its removal is otherwise desirable for business or operational reasons. We do not routinely keep a record of product reviews removed from our Website.

7.7 If you wish to request us to stop using your product review at any time, you should notify us by contacting us using the contact details set out in section 3, setting out details of your product review and where it can be found on our Website. We will endeavour to respond to you promptly and will consider your request and any concerns that you have, however, please note that we may still continue to use your product review where it is reasonable for us to do so.

7.8 You will notify us without delay by contacting us using the contact details set out in section 3 of these Terms if you become aware that your product review may be in breach of section 7.2 and you will provide us with any and all information and assistance that we require to identify and remove any offending content from our Website.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Our Website and all information, music, images, photographs, videos and other content displayed on our Website (“Materials”) are protected by certain rights. These rights include all patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to us or are licensed to us from their respective owners or licensors. 

8.2 You may only view, print out, use, quote from and cite our Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgment to us where appropriate.

8.3 We expressly reserve all Rights in and to our Website and the Materials and your use of our Website and the Materials is subject to your full compliance with the following restrictions:

(a)  you must not copy our Website and/or any of the Materials except where such copying is incidental to normal use of our Website, or where it is necessary for the purpose of back-up or operational security;

(b)  you must not sub-license or otherwise make available our Website and/or any of the Materials in whole or in part (including object and source code), in any form to any person without our prior written consent;

(c)  remove any copyright or other proprietary notices contained in any of the Materials;

(d) use any of the Materials in any manner that may infringe any of our Rights or the Rights of a third party;

(e) use the Materials in any way that might be illegal or breach these Terms;

(f) reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Website and/or any of the Materials in any way for any commercial purpose, without our prior written consent;

(g) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of our Website and/or any of the Materials or attempt to do any such thing; or

(h) use our Website and/or any of the Materials in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using our Website and/or any of the Materials in connection with any obscene, defamatory or illegal material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography or tobacco or otherwise than in accordance with normal standards of decency.

8.4 Any use of our Website and/or any of the Materials in a manner not expressly permitted by these Terms may constitute an infringement of our Rights and/or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in our Website and the Materials accessible on it.

9. TRADE MARKS

9.1 We reserve all Rights in the name “Bodyform”, the bodyform.co.uk domain name and all related domains and sub-domains, our logo and our service marks, brand names, trading names and/or trade marks appearing on our Website. Other trade marks, products and company names mentioned on our Website may be the trade marks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.

9.2 Nothing in these Terms should be construed as granting any licence or right to use any such trade marks or our domain name.

10. LINKING TO YOUR WEBSITE

10.1 We permit you to link to our Website for non-commercial purposes if you comply with the following conditions:

(a) you only do so in a way that is fair and legal and does not take advantage of or damage our reputation,

(b) you do not link to our Website via any digital property containing content of an adult or illegal nature, or material that is offensive, harassing or otherwise objectionable;

(c)  you do not suggest any form of association, approval or endorsement by us unless we have given our prior written approval;

(d) you do not remove, obscure or modify in any way any advertisement, copyright notice or other information on our Website, or frame any aspect of our Website on any other site;

(e) you do not link to any page of our Website other than the home page; and

(f)  you do not link to our Website for commercial purposes. 

10.2 We reserve the right to withdraw our permission granted at section 10.1 at any time without notice.

10.3 If you would like to link to our Website for commercial purposes or any purposes not included above, please contact us using the contact details set out in section 3.

10.4 Anyone providing access to, or information relating to our Website, whether by link or otherwise, is responsible for bringing these Terms to the attention of the person receiving such access or information. Failure to do so will not result in liability for us. 

11. LINKS TO THIRD PARTY WEBSITES

11.1 Our Website (and emails that we send to you in connection with our Website and our relationship with you) may include links to third party websites, applications and/or other digital properties (“Third Party Services”) that are controlled and maintained by third parties. If you decide to visit any Third Party Service or use a service made available through, or purchase products via, a Third Party Service, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of the relevant third party and the services they offer. We are not responsible for the content, accuracy or opinions expressed on Third Party Services. Links that we make available do not imply that we are, or our Website is, affiliated to or associated with such websites or services. 

11.2 Your interaction with any Third Party Service is subject to the relevant third party’s own terms and policies. In particular, third parties will process your personal data in accordance with their own privacy notices. Please read all applicable terms and polices of the relevant third party before using a Third Party Service and/or using a service made available through, or purchasing products via, a Third Party Service.

12. IF YOU BREACH THESE TERMS 

12.1 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.

13. OUR RESPONSIBILITY FOR LOSS

13.1 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 5, you can only use our Website 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 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 both of us knew it might happen);

(d)  the loss or damage was caused by an event or circumstance beyond our reasonable control; or

(e) you could have avoided the loss or damage by taking reasonable action.

13.4 Nothing in these Terms affects our liability to you in respect of products that you purchase from us on our Website. Our liability to you in respect of your purchase of products from us will be as set out in our Terms and Conditions of Sale.

14. ACCESSING OUR WEBSITE

Our Website is intended for use only by those who can access it from within the United Kingdom. We make no warranty or representation that our Website is lawful or can be lawfully accessed outside the United Kingdom. If you choose to access our Website from locations outside the United Kingdom, you are responsible for compliance with local laws.

15. APPLICABLE LAWS

15.1 Please contact us using the contact details at section 3 of these Terms if you have any concerns or complaints. We would prefer to try to resolve any issues you may have informally between you and us in the first instance.

15.2 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.

16. OTHER IMPORTANT ITEMS

16.1 Transferring rights: You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with these Terms, without our prior written consent. You agree that we may transfer our rights and obligations under our contract with you to a third-party purchaser of our business or to an affiliate, in which case we will notify you and explain your options. 

16.2 Third party rights: These Terms are between you and us. Nobody else can enforce them and neither of us will need to ask anybody else to sign-off on ending or changing them.

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, but that doesn’t mean we can't do it later.

16.5 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.