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Terms and Conditions
1. The Contract between us:
We must receive payment of the whole of the price for the goods
that you order before your order can be Processed. Once payment
has been received by us we will confirm that your order has been
accepted by sending an e-mail to you at the e-mail address you provide
in your order form. Our acceptance of your order brings into existence
a legally binding contract between us.
Only adults (that is, those aged 18 and over) are entitled to enter
our web site and into legally binding contracts and as a result
are the only people entitled to transact through this site. Any
other individuals who are unable to perform legally binding contracts
are prohibited from ordering goods using this site. If you do not
qualify DO NOT use this site. By ordering on this web site you are
making a statement, upon which we are entitled to rely, that you
are aged 18 years or older and capable of forming a legally binding
contract.
2. Price
2.1 The prices payable for goods that you order are as set out
in our web site.
2.2 You will be required to pay extra for delivery. Our delivery
charges are set out in our web site.
3. Right for you to cancel your contract
3.1 You may cancel your contract with us for the goods that you
order at any time up to the end of the second working day from the
date you order the goods. You do not need to give us any reason
for cancelling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us by email to our
email address.
3.3 If you have received the goods before you cancel your contract
then you must send the goods back to our contact address at your
own cost and risk. If you cancel your contract but we have already
processed the goods for delivery you must not unpack the goods when
they are received by you and you must send the goods back to us
at our contact address at your own cost and risk as soon as possible.
3.4 Once you have notified us that you are cancelling your contract,
any sum debited to us from you credit card will be re-credited to
your account as soon as possible and in any event within 30 days
of your order PROVIDED THAT the goods in question are returned by
you and received by us in the condition they were in when delivered
to you. If you do not return the goods delivered to you or do not
pay the costs of delivery, we shall be entitled to deduct the direct
costs of recovering the goods from the amount to be re-credited
to you.
4. Cancellation and Back orders by us
4.1 We reserve the right to Back Order the contract between us
if:
4.1.1 we have insufficient stock to deliver the goods you have
ordered;
4.1.2 one or more of the goods you ordered were listed at an incorrect
price due to a typographical error or an error in the pricing information
received by us from our suppliers
4.2 If we do cancel your contract we will notify you by email and
will re-credit to your account any sum deducted by us from your
credit card as soon as possible but in any event within 30 days
of your order. We will not be obliged to offer any additional compensation
for disappointment suffered.
5. Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you
give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order
is accepted and processed in any event within 30 days of your order.
5.3 You will become the owner of the goods you have ordered when
they have been delivered to you and they have been paid for in full
by you. Once goods have been delivered to you they will be held
at your own risk and we will not be liable for their loss or destruction.
6. Liability
6.1 If the goods we deliver are not what you ordered or are damaged
or defective or the delivery is of an incorrect quantity, we shall
have no liability to you unless you notify us by e-mail, telephone,
fax, or post of the problem within 7 working days of the delivery
of the goods in question.
6.1a Goods must be returned to us as outlined in section 3.4
6.2 If you do not receive goods ordered by you within 30 days of
the date on which you ordered them, we shall have no liability to
you unless you notify us by e-mail, telephone, fax, or post at our
contact addresses of the problem within 37 days of the date on which
you ordered the goods.
If you notify a problem to us under this condition, our only obligation
will be, at your option:
6.2.1 to make good any shortage or non-delivery.
6.2.2 to replace any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question
in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you for any
indirect or consequential loss, damage or expenses (including loss
of profits, business or goodwill) howsoever arising out of any problem
you notify to us under this condition and we shall have no liability
to pay any money to you by way of compensation other than to refund
to you the amount paid by you for the goods in question under clause
6.2.3 above.
6.4 You must observe and comply with all applicable regulations
and legislation, including obtaining all necessary customs, import
or other permits to purchase goods from our site. The importation
or exportation of certain of our goods to you may be prohibited
by certain national laws. We make no representation and accept no
liability in respect of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions
is intended to limit any rights you might have as a consumer under
applicable local law or other statutory rights that may not be excluded
nor in any way to exclude or limit our liability to you for any
death or personal injury resulting from our negligence.
7. Notices
Unless otherwise expressly stated in these terms and conditions,
all notices from you to us must be in writing and sent by e-mail,
telephone, fax, or post to our contact addresses and all notices
from us to you will be either displayed on our web site from to
time or via post or email marketing.
8. Events beyond our control
We shall 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 control including, without limitation, strikes, lock-outs and
other industrial disputes, breakdown of systems or network access,
flood, fire, explosion, accident or war.
9. Invalidity
If any part of these terms and conditions is unenforceable (including
any provision in which we exclude or liability to you) the enforceability
of any other part of these conditions will not be affected.
10. Privacy
You acknowledge and agree to be bound by the terms of our privacy
policy.
11. Third Party Rights
Except for our affiliates, directors, employees or representatives,
a person who is not a party to this agreement has no right under
the UK Contracts (Rights of Third Parties) Act 1999 to enforce any
term of this agreement but this does not affect any right or remedy
of a third party that exists or is available apart from that Act.
12. Governing Law
Each and every transaction carried out is deemed to be completed
within the United Kingdom and therefore shall be governed by and
interpreted in accordance with English Law. The terms of this charter
(and any dispute, controversy, proceedings or claims of whatever
nature in relation to them) shall be governed and interpreted in
accordance with English Law and the English Courts shall have exclusive
jurisdiction in relation thereto.
13. Entire Agreement
13.1 These terms and conditions, together with our current web
site prices, delivery details, contact details and privacy policy,
set out the whole of our agreement relating to the supply of the
goods to you by us. Nothing said by any sales person on our behalf
should be understood as a variation of these terms and conditions
or as an authorised representation about the nature or quality of
any goods offered for sale by us. Save for fraud or fraudulent misrepresentation,
we shall have no liability for any such representation being untrue
or misleading.
13.2 We make no representations or warranties about the accuracy
completeness or suitability for any purpose of the information and
related graphics published on our web site. From time to time our
site may contain technical inaccuracies or typographical errors.
All liability of howsoever arising for any such inaccuracies or
errors is expressly excluded to the fullest extent permitted by
law.
13.3 Not withstanding the foregoing, nothing in these terms and
conditions is intended to limit any rights you may have as a consumer
under applicable local law or other statutory rights that may not
be excluded nor in any way to exclude or limit our liability to
you for any death or personal injury resulting from our negligence.
14. Trade Marks
Adult Toys Boutique the operator of the adulttoysboutique.co.uk
trade mark and get up. All other trademarks, product names and company
names or logos sited herein are the property of their respective
owners. No permission is given by Adult Toys Boutique in respect of
the use of any such brand names, product names or titles or copyrights
and such use may constitute an infringement of the owners' rights.
15. Events Beyond our Control
Adulttoysboutique & Adult Toys Boutique will not be in breach
of this Agreement or otherwise liable for any delay in performance
if to the extent that any delay or failure is due to circumstances
beyond its reasonable control including, without limitation, strikes,
lock-outs and other industrial disputes, break down of systems or
network access, flood, fire, explosion, accident or war.
16. Invalidity
If any part of the terms of this charter are unenforceable (including
any provision in which we exclude our liability to you) the enforceability
of any other part of these conditions will not be affected.
For any further information please e-mail us at sales@adulttoysboutique.co.uk
or call 0870 747 2122.
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