Terms And Conditions
Terms and conditions for the supply of Depend® products
You may have other rights granted by law, and these Terms and Conditions do not affect these unless you are purchasing goods 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 goods) 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 website will be between us, Kimberly-Clark Ltd. Kimberly-Clark Limited is a limited company registered in England and Wales, registered number 00308676, with its registered office address at 1 Tower View, Kings Hill, West Malling, Kent ME19 4HA.
b. To purchase from us you must be over 18 and resident in the United Kingdom.
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 goods that you have ordered are 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 confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the goods to you until we have confirmed that we have accepted your order.
e. The prices payable for goods as set out in the web site are inclusive of VAT and delivery, unless otherwise stated. Kimberly-Clark has taken every care in the preparation of the content of this website, 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 goods or their prices as advertised on this website. All payments must be made in full at the time of placing the order by Maestro, VISA, MasterCard or VISA Electron. 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 goods until we receive payment in full. All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available by e-mailing you.
f. HM Revenue & Customs allow some products to be zero-rated for VAT purposes where they have been specifically designed for use by persons who have a chronic condition which has a long-term and substantial adverse effect upon his/her everyday life. The Depend range of products are designed specifically to empower the individual in coping with their condition and to rebalance their life.
You are eligible for VAT relief if:
- You are purchasing these products for yourself or a member of your immediate family who suffers from a chronic incontinence condition for your or their personal use in managing that condition; and
- You are not purchasing these products for a state regulated care or welfare provider or institution such as nursing home or hospital or for any other commercial purpose; and
- You or the person for whom you are making this purchase, are not an in-patient or resident of an institution such as a hospital or nursing care home.
Please refer to HMRC VAT Notice 701/7 if you require any further information in respect of this VAT relief.
g. We are unable to deliver to addresses outside of the United Kingdom. If you require delivery of the goods outside the United Kingdom you will not be able to complete your order via our website.
Delivery of Goods to you
a. Kimberly-Clark Ltd will post, or arrange a courier on your behalf for, the goods 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 web site are estimates only, based on availability, normal processing and delivery company.
c. You will become the owner of the goods you have ordered once we have received full payment from you and you have received them.
Right of cancellation (for consumers only)
If you are a consumer you have the right to cancel your order from the date that we confirm the order by email until the date 14 days after you receive the goods (or the last goods in your order are received if sent in separate instalments). To cancel your contract you just need to let us know by calling our Customer Services on 0800-011-3232.
If you cancel your contract we will re-credit any sum debited to KC from your credit card including delivery charges as soon as possible and in any event within 14 days of receipt by us of the returned product (or 14 days from the date of proof of return). However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
- You have the right to return the products to us and receive a refund of your payment
- All returns for credit must be communicated to Consumer service. Please call our consumer service 0800-011-3232 within fourteen (14) working days , starting on the day after the goods are received by you
- Returned goods must be in their original condition. Packaged goods must be unopened, unmarked and in a re-sellable condition and together with any accessories that you received
- The re-payment will be made in the same way you paid your order.
- A credit for returned goods requires a copy of the delivery docket, invoice, or documentation showing the customer’s name and date of purchase
Please call 0800 011 3232 to speak to our Consumer Service representative for all return enquiries
Our Liability to you in case of Damaged or Defective Goods
In the unlikely event that the goods do not conform with our terms and conditions please let us know as soon as possible after receiving the good and we will arrange for their return at no cost to you. Once we have checked whether the goods are faulty, we will replace the goods or provide a full or partial refund of the price paid by you. If you are a consumer you have a legal right to receive goods which conform to their description. These terms do not affect those rights.
IF YOU ARE PURCHASING THE GOODS:
- IN CONNECTION WITH YOUR BUSINESS: PARAGRAPHS a TO e BELOW APPLY;
- FOR PERSONAL USE, ONLY PARAGRAPHS a AND b BELOW APPLY.
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.
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 paragraph a and b above our liability to you for any losses you incur under each order for goods is limited to 120% of the value of the goods under such order that you purchase from us.
d. If you are purchasing the goods 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 goods, any use made or resale of the goods 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 goods provided that this clause shall not prevent claims for loss of or damage to your tangible property that are covered within clause 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 goods 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 goods is limited to the value of the relevant order for goods purchased by you.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
We will have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control.
If any part of these conditions is unenforceable (including any provision in which Kimberly-Clark excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
Kimberly-Clark Ltd operate a complaints 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 0800 011 3232
These terms and conditions, together with the current Depend® web site prices, product descriptions, delivery details and Depend® contact details, set out the whole of our contract relating to the supply of the goods to you by us. These terms and conditions cannot be varied except in writing signed by a director of Depend®.
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
a. 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.
b. 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 website.
Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Kimberly-Clark Ltd. You may not modify, distribute or re-post anything on this website for any purpose. Any use of this website 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 Kimberly-Clark. To request permission to use contents from our website for corporate use, please Contact Us.
Accuracy of content
Kimberly-Clark has taken every care in the preparation of the content of this website, 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. Packaging may vary from that shown. Kimberly-Clark 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 website.
In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.