TERMS OF SERVICE
This website is operated by Exotica Erotica. Throughout the site, the terms “we”, “us” and “our” refer to Exotica Erotica. Exotica Erotica offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us such as our adult sex toys, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms of Service”, “Terms”), including those additional Terms of Service and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
We use an online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of 18, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
If you disagree with or are not able to comply with any of the policies listed on this Terms of Service page, leave this website immediately. By continuing to browse our website after reading our Terms of Service, you are agreeing to abide by our Terms of Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – PRICING AND PAYMENT
6.1. Where the Goods are sold on our website or any other website used by us from time to time (the “Website”) then the price of the Goods will be the price stated in the on the Website at the date on which the order for the Goods is received by us.
6.2. Prices for Goods incorrectly advertised by us whether on the Website or elsewhere do not constitute an offer by us to supply such Goods at the incorrect price and we will not be liable to supply the Goods to you at the incorrect price but we will give you an option of reconfirming your order at the correct price or cancelling it and receiving a full refund. If we are unable to contact you we will treat your order as cancelled.
6.3. Unless otherwise stated, prices advertised for Goods are shown per item.
6.4. You will be required to make payment for the whole of the price of the Goods you order together with any delivery charges, before or at the same time that your order is processed, unless otherwise agreed between you and us in writing.
6.5. All prices advertised by us are in US dollars and are exclusive of Tax (at the then current rate) and any delivery and other charges unless otherwise agreed between you and us in writing.
6.6. All payments must be made in US Dollars unless otherwise agreed in writing by us, and time will be of the essence for payment.
6.7. Whilst we use all reasonable precautions to protect your credit/debit card details, in the event that you discover that any Goods have been ordered and paid for by persons unauthorized by you using your credit or debit card then you should inform us, the card issuer and the police of such unauthorized usage as soon as is reasonably practicable.
SECTION 7 – DELIVERY
7.1. We will deliver pursuant to the terms herein.
7.2. Any dates specified by us for delivery of the Goods are intended to be an estimate and time for delivery will not be made of the essence. If no date for delivery is specified, delivery will be within a reasonable time.
7.3. If we deliver to you less than the quantity of Goods ordered, you must notify us in writing within 48 hours of the date of delivery. You will not be entitled to object to or reject any of the Goods by reason of the shortfall and you will pay for such Goods prorated.
7.4. Deliveries will be made during normal business hours on any weekday on which banks in the USA are open for business (“Working Day”).
7.5. In the event that you require a delivery on a day and time outside the Working Day we reserve the right to make an additional charge, and will advise you of such additional charge when the order is confirmed. Time will not be of the essence for delivery.
7.6. Delivery of the Goods will be deemed to have taken place when they have been delivered to the destination stated on the order (“Delivery Destination”).
7.7. If, for any reason, you are unable to accept delivery of the Goods when the Goods are due and ready for delivery then we may, in our absolute discretion, arrange the storage of the Goods and you will be liable to us for the reasonable costs (including insurance) of such storage and/or charge for an additional delivery fee. This provision is without prejudice to any of our rights in relation to a failure by you to take delivery of the Goods or pay for them in accordance with the Terms and Conditions.
7.8. Any liability for our late delivery of the Goods will be limited to replacing the Goods within a reasonable time.
7.9. We reserve the right to add an insurance charge to any order to protect any Goods during transit.
SECTION 8 – RISK AND TITLE
8.1. Title to all Goods ordered by you will pass to you on delivery or collection provided we have received in cash or other cleared funds full payment of the price of the Goods agreed to be sold and until no other payments whatsoever will be due to us from you.
8.2. Risk in the Goods will pass to you when the Goods are delivered to the address in the Order Confirmation, or, in the case of an account customer, to the account customer’s address on our computer system, or on collection.
8.3. We accept no responsibility for any loss, damage or shortage which may occur to the Goods after risk has passed to you, and in the event that you have a claim arising in respect of any damage, defect or shortage arising during transit, then such claim should be notified to us. You undertake in such circumstances to comply in full with the carrier’s standard conditions for claims for damage, defect or shortage in transit, and agree to indemnify us against any loss resulting from any failure to comply.
8.4. You are liable to pay for all orders placed with us by any of your authorized employees or officers. We are not bound by any individual order limit you may impose on your authorized employees or officers.
SECTION 9 – DAMAGED AND DEFECTIVE GOODS
9.1. Upon delivery of the Goods you will promptly examine them. If any of the Goods ordered: 9.1.1. have been damaged in transit (unless you are responsible for transport); or
9.1.2. have been incorrectly shipped (unless this is due to incorrect ordering by you); or
9.1.3. are defective through faulty material or factory workmanship, You must notify us in writing within 2 days from the date of delivery of the relevant Goods (You will be deemed to have accepted such Goods if you fail to notify us within such period).
9.2. Upon receipt of the notice above, we will (if we consent to the return of such Goods) issue to you a returns number authorizing the return of such Goods. The returns number will be valid for a period of 7 days from the date of issue. We will not be obliged to accept the return of any such Goods without a returns number having first been obtained by you.
9.3. You will return all Goods at your cost, carriage paid and appropriately insured. You will ask us to confirm to you that such costs and charges are reasonable before you return the relevant Goods to us. Please obtain proof of posting or send the item with a tracking number as we cannot accept responsibility for Goods lost in transit.
9.4. Any Goods returned by you must be unused, unmarked and in their original product packaging (and in the case of defective Goods, such Goods must be returned to us without any attempt having been made by you or any other person to rectify, dismantle or alter such Goods).
9.5. Provided you have complied with this condition and we have issued to you a returns number, we will, subject to the Terms and Conditions, refund to you all reasonable costs incurred by you in returning such Goods and will either rectify or replace such Goods free of charge.
9.6. You agree that our employees and/or agents are authorized by you to enter any premises where the Goods are installed in order to inspect an installation before any suspected defective Goods are removed from the position where they have been installed.
SECTION 10 – RETURNS AND CANCELLATION
10.1 A returns authorization number must be obtained prior to returning your goods. To obtain a returns number please email us with a list of items you wish to return and the reasons for the return clearly stated for each item.
10.2 All items must be adequately packed to avoid any damage in transit, returns which are not effectively packaged will be discarded and no replacement or credit will be issued.
10.3 No goods can be deducted from accounts or monies due withheld for any goods unless expressly agreed in writing by Exotica Erotica.
10.4 For Faulty returns:
10.4.1 Items returned faulty must be within the warranty period, as specified in our Limited Warranty.
10.4.2 Items returned faulty but tested to be in good working order will be credited less a 30% handling charge. Items which are a discontinued line and have been returned faulty but tested to be in good working order will not be credited.
10.5 General returns:
10.5.1 All goods received damaged must be reported by email within 2 business days of delivery.
10.5.2 Items no longer required must not be returned without prior authorization and will be subject to a handling charge of 30%.
10.5.3 General returns must be received within 30 days from date of receipt and returned at your expense. Returns will not be accepted after this time.
10.5.4 General returns must be in original unmarked packaging. Damaged or marked packaging will not be accepted, unless the item is being returned due to having arrived damaged.
10.5.5 Any sample products which are issued must be returned within 30 days for credit, no credit will be issued after this time.
10.5.6 Items which are discontinued will not be able to be returned for credit, unless classed as faulty and within the warranty period.
10.5.7 Goods outside of our standard product range purchased as part of a promotion or special offer cannot be returned, unless they are classed as faulty.
SECTION 11 – PRODUCT AVAILABILITY
11.1. In the event that you order Goods and we are unable to supply those Goods for whatever reason, then we will be happy to supply a suitable alternative product or refund you with the price paid for the Goods as soon as possible but in any event within 30 days, but we will not be liable to you for any other costs, fees or charges.
SECTION 12 - SPECIAL OFFERS, SAMPLE GOODS AND FREE GIFTS
12.1. Any special offers specified by us or on the Website are subject to availability. In the event that there is no further availability of a special offer, we may, in our sole discretion, offer for sale a similar alternative product.
12.2. All sample Goods must be paid for by you in full. You agree to return all sample Goods to us unused, unmarked, in their original product packaging and suitable for resale (and will be determined by us upon receipt of such Goods) within 30 days from the date such Goods are dispatched to you. If you fail to return such sample Goods within 30 days from such date we reserve the right not to refund your payment for such sample Goods.
12.3. Any free gifts specified are subject to availability, and we reserve the right to make suitable substitutions without prior notice to you.
SECTION 13 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 14 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 15 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 16 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 17 - PERSONAL INFORMATION
SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 19 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 20 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Exotica Erotica, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Exotica Erotica and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 22 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 23 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 24 - ARBITRATION
Any controversy or claim arising out of or relating to the Services, these Terms of Service, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be held before one arbitrator in Los Angeles, CA.
SECTION 25 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 26 - GOVERNING LAW
SECTION 27 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 28 - CONTACT INFORMATION