Your use of this Site is for delivery addresses in the United States and shall be governed in all respects by the laws of the state of Wisconsin, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located closest to Neenah, Wisconsin.
purchasing items on our site
Kimberly-Clark takes reasonable precautions to try to ensure that the prices quoted on the Site are correct, and to describe the items available on the Site as accurately as possible and to depict the most up to date packaging. However, when ordering products please note that Kimberly Clark does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Site will match the actual product that you receive. If a product described on the Site is not as described when you receive it, or the packaging on the Site does not match the product you receive, your sole remedy is to return it to us in unused and undamaged condition in accordance with our Return Policy . All items are subject to availability and we will inform you as soon as possible if the product(s) you have ordered are not available and we may offer alternative product(s) of equal or higher quality and value.
The use of certain services on the Site requires the user to have established a user account (an “Account”). There is no charge to establish or maintain an Account, and an Account is not required to make a purchase from the Site.
You are solely responsible for maintaining the confidentiality of your password(s) and for restricting access to your computer, and for all activities that occur under your Account or password. We will not be liable for any loss that you may incur as a result of someone else using your Account or password, either with or without your knowledge. You agree to be responsible for losses incurred by us or another party due to someone else using your Account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorized use of your Account and/or password(s) and any other breach of security relating to the Site. You agree that any information you provide to us will be current, accurate and complete and that you will keep such information up to date by notifying us of any changes.
We reserve the right to terminate any Account at any time in our sole discretion, including without limitation for any failure to comply with this Agreement or any of its terms, any fraud or abuse, or any misrepresentation that you or anyone using your Account may make to us.
order acceptance and shipment
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization and your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment. The Site does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Site. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us.
Orders will only be shipped to addresses within the 50 states of the United States of America. We strive to ship your order as quickly as possible. However, our shipping estimates are not guarantees or promises that a product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.
Shipping charges are based upon the shipment option you select at Checkout. The following shipping options are available.
Standard Delivery: (5-8 Business Days)
Orders are typically delivered within 5 – 8 business days. Actual delivery time depends on shipping distance and may vary.
Delivery to some remote addresses may require up to 2 additional days.
Express Delivery: (2 Business Days)
Orders are typically delivered by the end of the second business day after they are shipped.
Next Day Delivery
order and payment information
If you use the Site or other means to purchase a product, payment must be received by Kimberly-Clark prior to Kimberly-Clark acceptance of an order, unless otherwise agreed by Kimberly-Clark. All Kimberly Clark products are subject to sales tax, which will be applied to your order total. Kimberly-Clark may need to verify information you provide before Kimberly-Clark accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Kimberly- Clark will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order, in the same tender as the original purchase. Kimberly Clark expressly conditions its acceptance of your order on your agreement to this Agreement.
In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Kimberly-Clark is registered to you. Kimberly-Clark shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Kimberly- Clark, or for any other reason it, in its sole discretion, deems appropriate You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Kimberly-Clark may reject orders where the stated delivery address is outside the United States. Kimberly-Clark will add applicable shipping and handling fees.
pricing errors and omissions, specification changes
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. Kimberly-Clark reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the Site without incurring any obligation to you. We make every effort to insure the accuracy of the information on the Site and if errors are discovered, we correct them. Be advised that Kimberly-Clark reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
electronic signatures and agreements
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by Kimberly-Clark to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY THE COMPANY. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
risk of loss
All items purchased from the Site are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.
You may return items in accordance with the Return instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also call Customer Service for assistance at 1-800-868-2117.
limitations of actions brought against kimberly-clark
You agree that any claim or cause of action arising out of your use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Any dispute related to the Site or this Agreement that the parties are unable to resolve through negotiation will be submitted to binding arbitration, at the request of either party and in accordance with the commercial arbitration rules of the American Arbitration Association, including the AAA’s Supplementary Procedures for Consumer Related Disputes (the “Rules”) then in effect. These Rules are found at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the Rules.
In any dispute in which the amount in controversy is less than One Million Dollars ($1,000,000), there shall be one (1) arbitrator agreed to by the parties or, if the parties are unable to agree within thirty (30) days after demand for arbitration is made, selected in accordance with the Rules. In all other cases there shall be three (3) arbitrators, one (1) of whom shall be selected by each Party within thirty (30) days after delivery of the demand for arbitration to the respondent. The remaining arbitrator shall chair the panel and be selected by the nominated arbitrators within thirty (30) days after their selection. If one or more arbitrator(s) is not selected within the permitted time periods, the missing arbitrator(s) shall be selected in accordance with the Rules. The arbitrator(s) shall issue a decision in writing, stating reasons therefor, including both findings of fact and conclusions of law, and may award any remedy available at law or in equity (consistent with the terms of this Agreement). The arbitrator(s) shall have no power to amend or supplement this Agreement or reinstate this Agreement, to award damages other than as permitted by this Agreement, or to fail to follow applicable law. Any award rendered by the arbitrator(s) shall be final and binding on the Parties, and may be confirmed by the judgment of a court of competent jurisdiction. If for any reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute.
Any dispute submitted by you shall be done so individually, and shall not be subject to any class action status. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You hereby waive any and all rights to claim punitive, incidental or consequential damages, attorney's fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with this Agreement. The arbitration shall occur exclusively in the city and county of Neenah, Wisconsin. All lawsuits, causes-of-action, disputes or other proceedings not subject to arbitration as a matter of law, if any, shall be brought exclusively in the state or federal courts located closest to Neenah, Wisconsin. The terms of this section survive any termination of the Agreement.
severability of provisions
The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of other provisions. If any provision is unenforceable, the parties will substitute an enforceable provision that preserves the original intentions and economic positions of the parties to the maximum extent legally possible.
changes to agreement and monitoring of content
end of agreement
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