The following terms and conditions govern the sale by the entity named on the invoice (hereafter referred to as "The Company") that will be provided to Customer on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in The Company's sole discretion.
1. Other Documents.
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void.
2. Governing Law.
THE SALE(S) WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA.
3. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation or acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sexy Direct reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order, including verification of acceptable method of payment in accordance with our credit and fraud avoidance policies.
4. Billing / Payment / Shipping Information
Please double check your shipping and billing address you enter in the online forms. The customer takes full responsibility for the correctness and accuracy of any and all information submitted to a SexyDirect website, and indemnifies SexyDirect for any order/shipping errors that may arise due to incorrect information. SexyDirect is not responsible for any orders shipped to the wrong or invalid address when the delivery address is based on the information the customer provides when placing an online order.
Orders may not be processed and or refunded due to an error in the customer provided information, which may include, but are not limited to:
Incorrect Credit/Debit Card number, expiration date or card security value.
Incorrect Billing information. The billing information you provide is different from information your financial institution has on record.
Insufficient/Incorrect shipping address (street address, city, state, zip or postal code).
5. Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Sexy Direct shall have the right to refuse or cancel any orders placed for product listed at an incorrect price or incorrect specifications. Sexy Direct will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card account has already been charged for the purchase and your order is cancelled, Sexy Direct shall immediately issue a credit to your credit card account in the amount of the charge.
6. Payment Terms; Orders; Quotes; Catalog
. Terms of payment are within The Company's sole discretion, and, unless otherwise agreed to by The Company, payment must be received by The Company prior to The Company's acceptance of an order. Payment for the products will be made through online credit card payment or by mailed money order or check. Orders are not binding upon The Company until accepted by The Company. Any quotations given by The Company will be valid for 15 days, subject to product availability. The Company will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages resulting from typographical errors, incorrect information or technical inaccuracies in its Product Catalog.
7. Shipping Charges; Taxes.
Orders are usually shipped within 24-48 hours of receipt, excluding weekends and holidays. Due to geographic distance, deliery time variances due to shipping methods and carriers, product should be expected within 7 to 10 business days. When applicable, separate charges for shipping and handling will be shown on The Company's invoice(s). Unless Customer provides The Company with a valid and correct tax exemption certificate applicable to the product ship-to location prior to The Company's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order.
Title to products passes from The Company to Customer on shipment from The Company's or a designated shipping point (FOB Warehouse).
9. Inspection by Customer.
All products shall be inspected by Customer upon delivery. Failure to inspect within 24 hours after delivery shall constitute a waiver of Customer's rights of inspection and shall be equivalent to acceptance of the product.
THE LIMITED MANUFACTURER'S WARRANTIES APPLICABLE TO THE COMPANY'S PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS. THE COMPANY MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN THE MANUFACTURERS' APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. APPLICABLE WARRANTIES WILL BE EFFECTIVE ONLY UPON THE COMPANY'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT.
The Company reserves the right to modify its warranty at any time, in its sole discretion. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. The Company does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
11. Return Policies.
A full and complete returns policy is available on the site for inspection. The Company reserves the right to determine if any return meets our standards for returns.
From time-to-time, The Company may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with The Company's exchange policies in effect on the date of the exchange.
The Company's inventory policy is one of on-going product update and revision. The Company may revise and discontinue products at any time. The Company will ship products that have the functionality and performance of the products ordered, but reserves the right to make changes between what is shipped and what is described in a specification sheet or catalog if necessary.
14. Limitation of Liability.
THE COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. THE COMPANY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
15. Applicable Law; Not For Resale or Export.
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own personal use only, and not for resale. Any export of Products by Customer is subject to applicable U.S. export regulations and will be Customer's sole responsibility.
16. Service and Support.
Product service and support are available from the product manufacturer according to the terms of each manufacturer's warranty to the extent such warranties exist.
17. Force Majeure.
Failure of The Company, in whole or in part, to perform its obligations hereunder when due, if occasioned by act of God or the public enemy, fire, explosion, flood, riot, war, insurrection, labor disputes, sabotage, accident, embargo, or by interruption of or delay in transportation, or by any inadequacy or shortage or failure of supply of product, or by compliance with any order, direction, action or request of any court or of any governmental officers, department or agency, or by other cause beyond The Company's control which makes it impracticable for The Company to perform, shall not subject The Company to any liability to Customer. In such event, Customer may, at its option, either cancel such order in whole or in part or extend the period for performance to the extent of the delay occasioned by any such circumstance.
18. Use of Site.
By accessing, browsing and using The Company Site, Customer acknowledges that Customer has read, understood, and agreed to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If Customer does not agree to these terms, Customer should not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. The Company makes no representation that materials in the Site are appropriate or available for use outside the United States, and access to them from locations where their contents violate applicable laws is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable laws. Any matter relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of California.
19. Use of Trademarks.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of The Company and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. The name of The Company or The Company logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission.
20. Disclosure to Credit Agencies.
Customer agrees that if Customer fails to timely pay fees due under this Agreement, Sexy Direct may disclose or cause to be disclosed Customer's name, the amounts past due, how long the amounts have been past due, and that Customer owes these amounts to Sexy Direct to any credit reporting agency, including without limitation, the following: TRW, Equifax, Trans-Union, or Experion.
The Company will not disclose to any third party any specific information provided by Customer except as contemplated by these terms and conditions and as may be reasonable or necessary to process orders, verify information provided and to collect amounts owed to The Company. However, The Company does not warrant to Customer and disclaims any responsibility for maintaining the confidentiality of information provided by Customer in using this Site and in ordering products or services. In using this Site, Customer acknowledges that there are inherent risks associated with the electronic transmission of information over the Internet and that The Company will not be liable to a Customer except for willful misconduct or gross negligence on the part of The Company.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.