Terms of Sales of Products
What these terms cover
- These are the terms and conditions on which we sell and supply product to you. We supply product, Always discreet pads (available in different lengths/absorbencies and variants) and pants (available in different sizes, absorbencies and colours) for personal use only (and not for resale or as a business concern).
- The offer is limited to the first 500 consumers for the term of the offer, which is 9 months from the commencement date, commencing from 12:00 on the 1st of July 2020 and ending at 12:00 on 30th of April 2021. We reserve the right to withdraw the site and supply of products at any time, but always subject to the below terms even if you have already placed an order and payed for a product via the site.
Who we are
- We are TDG Brand Communications Limited a company registered in England and Wales trading as TDG Commerce. Our company registration number is 00519609 and our registered office is at Mill House, Haddricks Mill Road, Newcastle Upon Tyne, NE3 1QL. Our registered VAT number is GB733863026.
- How to contact us. You can contact our customer service team via the contact form which is available at www.myalwaysdiscreet.co.uk/contact or via email@example.com.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. Please note that we will be sharing your personal data, including your order details and delivery address, with third parties in order to supply and fulfil your order, and to monitor and report on consumer uptake of the Always Discreet product and any customer complaints. Please see clause 12 for more information.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
You can place an order by registering for an account or checking out as a guest
- You must be over 18 years old to register as a user and, whether registering an account or buying as a guest, you must be over 18 years old to purchase from the My Always Discreet website.
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it after you have paid, or we (or someone on our behalf) perform services (such as despatch and delivery of products you have ordered) which make clear we have accepted your order, at which point (whichever is the latest) a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product (or refund any money paid in advance). This might be because the product is out of stock, because we have discontinued the sale of a product, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. Our website is solely for the promotion and sale of Always Discreet, on a limited availability basis. Unfortunately, we cannot currently deliver to addresses outside the UK. In order to purchase on My Always Discreet website and lawfully enter into and form contracts with us under English law, You must be 18 years or older and provide the necessary information when placing an order, checking out as a guest or registering an account on the My Always Discreetwebsite.
- We only sell and deliver to home addresses in the UK. Our website is solely for the promotion and sale of Always Discreet, on a limited availability basis. Unfortunately, we cannot currently deliver to addresses outside the UK. In order to purchase on My Always Discreet website and lawfully enter into and form contracts with us under English law, You must be 18 years or older and provide the necessary information when placing an order, checking out as a guest or registering an account on the My Always Discreetwebsite.
Products may vary slightly from their pictures
- The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that your electronic device's display of the colours or other features of the products accurately reflects the products’ features. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in any images on our website.
- Our products. We offer both pads (available in different lengths /absorbencies and variants) and pants (available in different sizes, absorbencies and colours). You are responsible for ensuring you order the correct product. The product on offer is a genuine Procter & Gamble product, we will fulfil your order using an authorised third-party delivery company. Our products are available to order as a one-off purchase or you can choose to subscribe and receive monthly deliveries of the product. Further information on how to order (and cancel) is set out below.
- One off purchases. You can order your chosen products on a one-off basis and in any case less than to 200 pads/pants per order / per consumer and for your personal consumption. Delivery details and fees are set out in clause 6 below.
- Monthly subscriptions. We also offer our products on a monthly subscription basis. You will need to register and open an account on our site: myalwaysdiscreet.co.uk. You can then choose products to be delivered on a regular basis (monthly, two monthly, quarterly) with payment made by nominated payment method, made in advance of the delivery date. Delivery details and fees are set out in clause 6 below. You may suspend your subscription up to 3 days prior to the next subscription order date by amending your subscription directly from your account on the My Always Discreet website. You may cancel your subscription entirely at any time, but cancellations made less than 3 days prior to your next subscription order may result in a final delivery and payment for those products. For further information please see the cancellations Clause 8 below.
Minor changes to the products
- We or the product manufacturer/our supplier may change the product:
- To reflect changes in relevant laws and regulatory requirements;
- To implement minor technical adjustments and improvements, for example to address health and safety issues. These changes will not affect use of the product and will usually be for the user’s benefit;
- Where a change is otherwise necessary, or the product has been withdrawn.
- We or the product manufacturer/our supplier may change the product:
- Delivery is in the United Kingdom only and will charged at £3.40 (GBP) per order. However, postage will be free of charge on the first order as well as for subsequent orders of £33 (GBP) or above.
- The delivery charges may be subject to variation by the Delivery Company. We will inform you if there has been any variation in the price or delivery charges and you will have the option to cancel the order in accordance with clause 7.1.2.
- When we will provide the product. Delivery of the first order of a subscription: by courier (UPS) within 48 hours of us providing the first order confirmation to you. All other orders will be delivered within 48 hours of us providing the order confirmation to you.
- We are not responsible for delays outside our control. If our supply or delivery of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable to you because of the delay, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any product you have paid for but not received.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery, the Delivery Company will follow their own procedure to rearrange delivery or collection by you.
- If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the goods from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
- When you become responsible for the goods. The goods you order will be your responsibility from the time we deliver the goods to the address you gave us or you collect them from our Delivery Company.
- When you own goods. You own a product once we have received payment in full and it has been delivered to you, we will not deliver product to you until you have made payment in full.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the product to you, for example, your name, email address, telephone number and home address for delivery. The information we require will have been stated in the order form on our website. If you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the product late if this is caused by you not giving us the correct information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply
of a product to:
- Deal with technical problems or make minor technical changes;
- Update the product to reflect changes in relevant laws and regulatory requirements; or
- Due to a third-party manufacturer or supplier suspending supply of a product.
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than fourteen (14) days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- We may also suspend supply of the product if you do not pay. Full payment of the price must be made at the time of placing your order. If you do not pay us for the product when you are supposed to (see clause 10.4) we will not supply the product. We will contact you to tell you we are suspending supply of the product pending payment.
You can end your contract with us
- Your rights when you end the contract will depend on whether there is anything wrong with
the supplied product, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 7.4;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
- If you have just changed your mind about the product within 14 days of delivery, see clause 7.3.
Ending the contract because of something we have done or are going to do. If you are
ending a contract for a reason set out at sub-clauses 7.2.1. to 7.2.2. below, the
will end immediately and we will refund you in full for any product which has been paid for but not
provided. If you are cancelling after product has been delivered to you because of something we have
done or changed (listed below), you will need to return the product unopened and in original packaging
and we will refund you (within 14 days of the return being received and validated) the price of the
product and cost of return postage. The reasons are after you have placed your order:
- We have told you about an upcoming change to the product or these terms which you do not agree to;
- We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- There is a risk that supply of the product may be significantly delayed because of events outside our control;
- We have suspended supply of the product for technical reasons, or notify you we are going to suspend supply for technical reasons, in each case for a period of more than two (2) weeks; or
- You have a legal right to end the contract because of something we have done wrong, in which case you may also be entitled to compensation (depending on the circumstances and what we have done wrong) as well as refund of your purchase price.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most
products bought online you have a legal right to change your mind within 14 days from the
day you receive your goods. If you tell us within 14 days of delivery that you want to change your
mind (using the form at the end of this document), and return the products to us (in accordance with
clause 7.3.3), then we will provide you with a refund.
- These rights, under the Consumer Contracts Regulations 2013, are a no fault right for you to change your mind about the products within 14 days of the date of delivery. We will not pay for costs of postage where the return is under your 14 day no fault return right.
- To return your product. Contact TDG Commerce via firstname.lastname@example.org or myalwaysdirect.co.uk/contact-us within 14 days of your request to change your mind. The returns process is as follows:
- For a no fault refund (exercising your right to cancel within 14 days of delivery), the consumer must return all goods in sealed or non-tampered packs.
- The products are returned at the cost of the consumer, posting their packs to My Always Discreet, Pimbo Road West, Pimbo Ln, Skelmersdale WN8 9PE, United Kingdom
- Once the return is received and validated, the consumer will receive an email confirming that the refund will be made, paid to the original payment method within a further 14 days.
- If There Is a Problem With the Product (faulty goods)
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. By using the ‘contact us’ page on (www.myalwaysdiscreet.co.uk/contact).
- Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights include a right (for up to 30 days from delivery) to receive an immediate refund for faulty goods.
- Your obligation to return rejected faulty products. If you wish to exercise your legal rights to reject faulty products you must post them back to us if we request you do so. We will provide you with an address for returning faulty product if that is required. We will pay the costs of postage or collection where return is due to faulty or defective goods.
- Once your complaint about the faulty products has been validated (and, where we have requested you return the product, the return is received and validated), the consumer will receive an email confirming that the refund will be made, which will be paid to your original payment method within a further 14 days, unless you require a product replacement.
- Your rights when you end the contract will depend on whether there is anything wrong with the supplied product, how we are performing and when you decide to end the contract:
You can end your subscription at any time
- To end the subscription contract with us, please let us know by doing one of the following:
- By logging into your account. You can log into your account and amend your subscription settings, by either pausing subscription, amending the delivery frequency, or cancelling the subscription.
- By Email. By emailing us at email@example.com. Please provide your name, home address, details of the order (including order number) and, where available, your phone number and email address.
- Provided we receive your subscription cancellation more than 3 days before your next subscription order due date, we will not take any further payments and will not make any further deliveries.
- Returning product after ending the subscription contract. If you end your subscription less than 3 days before your next subscription order date we may still take payment and deliver product which is due within 3 days of your cancellation notification. If that happens, and you do not wish to keep that final delivery of product, you must post the product back to us at My Always Discreet P&G, Pimbo Road West, Pimbo Ln, Skelmersdale WN8 9PE, United Kingdom within 14 days of receipt (postage paid by you and returned product must be unopened and in original packaging). Once we have received and validated the returned product, we will refund you to your original payment method within a further 14 days.
- To end the subscription contract with us, please let us know by doing one of the following:
We may end the contract if you break it
- We may end the contract for a product at any time by writing to you if:
- You do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, a correct delivery address; or
- You do not, within a reasonable time, allow us to deliver the products to you or collect them from our Delivery Company.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1.1. we will refund any money you have paid in advance for product 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 breaking the contract.
- We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for product which will not be provided.
- We may end the contract for a product at any time by writing to you if:
Where to find the price for the product
- The price of the product will be the price indicated on the order pages when you placed your order (delivery charges and any VAT applicable will be stated separately, but all costs will be included in the total payable prior to your completing the purchase). We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
- VAT Exemption. The products on offer are VAT exempt for domestic and personal use. If the order placed is for more than 200 pants/pads, then a signed declaration that the order is not for the use by an institution or any commercial entity e.g nursing home is required to be provided, or VAT will be applied to the order.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions on whether you wish to proceed with the order before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. Payment must be made at the point of checkout or via subscription. Payment methods available are Paypal, Visa and Mastercard (both credit and debit card), American Express and wallet payments (eg Applepay, Google pay etc).
- What to do if you think an invoice or charge is wrong. If you think an invoice or charge is wrong please contact us promptly to let us know.
We are responsible to you for foreseeable loss and damage caused by us
- If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We are not the manufacturer of the product. For any questions on the products, please see the ‘contact us’ link on this website. If you wish to return a faulty product, please follow the instructions set out in Clause 7.4 above.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product including the right to receive product which is: as described and match information we provided to you and any sample seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection legislation.
- Nothing in these terms will affect your statutory legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
- We are not liable for business losses. We only supply the product for domestic and private use. If you use the product for any commercial, business or re-sale purpose, you will be in breach of these terms and we will have no liability to you.
- You must account to us for profits. You warrant not to use our goods for business use. By entering into a contract with us you warrant not to use any goods for any commercial, business or resale purpose. You agree to account to us for any profit made by you in using the goods supplied under these terms and conditions in a way described by this clause 11.5.
- When you register for and shop on this My Always Discreet Website, or place an order as a guest, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, and phone number. We confirm that this information will be processed in accordance with any relevant registration we have with the Information Commissioner's Office. Please note that if you choose to order as a guest, we will use your personal details only to fulfil your order and we will not store your personal data. When you make another purchase on this My Always Discreet Website, you will have to re-enter all your personal details. Please also note that ordering as a guest does not enable you to open a subscription with us.
How we will use your personal information. We will use the personal information you
provide to us:
- To supply the products to you;
- To help process your payment for the products (although your credit card or other bank details will only be held by our third party payment gateway provider Stripe, 510 Townsend Street, San Francisco, CA 94103, USA
- To ensure you are not attempting to order more products than we are offering in this promotion;
- If you agreed to this during the order process (opt-in statement), we may provide you with certain marketing materials and/or share your details with certain third parties. You may opt to stop receiving this information at any time by using the unsubscribe link which will appear in every promotional email you receive.
These terms are governed by English law and you can bring legal proceedings in respect of the product in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
* See more details in our <a class="t-underline" href="/faq/" target="_blank">FAQ</a>.