Terms and Conditions
Terms and Conditions
1) Scope
1.1 These General Terms and Conditions apply to all contracts for the delivery of goods that a consumer or business (hereinafter „Customer“) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These Terms and Conditions apply mutatis mutandis to contracts for the delivery of digital content, unless otherwise expressly provided.
1.3 For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business operator, as defined in these Terms and Conditions, is a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activities.
1.4 For the purposes of these Terms and Conditions, “digital content” refers to all data not stored on a physical medium that is produced in digital form and made available by the Seller subject to certain rights of use, which are specified in more detail in these Terms and Conditions.
2) Conclusion of the Contract
2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but rather serve as a basis for the customer to submit a binding offer.
2.2 The customer may submit the offer using the online order form integrated into the seller’s online store. After adding the selected items to the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the items in the shopping cart by clicking the button that finalizes the order. Furthermore, the customer may also submit the offer to the seller by phone, email, mail, or via the online contact form.
2.3 The seller may accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the customer’s receipt of the order confirmation is decisive, or
- by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or
- by requesting payment from the customer after the customer has placed an order.
If more than one of the aforementioned alternatives applies, the contract is formed at the time the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
2.4 If you select a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.
2.5 When a customer submits an offer via the Seller’s online order form, the Seller will store the contract text after the contract is concluded and send it to the customer in writing (e.g., by email, fax, or letter) after the customer submits their order. The seller will not make the contract text available in any other way. If the customer has created a user account in the seller’s online store before submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login credentials.
2.6 Before submitting a binding order via the seller’s online order form, the customer can identify any potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors is the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.
2.7 The contract may be concluded in either German or English.
2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have the right to cancel.
3.2 Further information regarding the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.
4.2 For shipments to countries outside the European Union, additional costs may apply in certain cases that are beyond the seller’s control and must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the shipment is not being sent to a country outside the European Union, but the customer is making the payment from a country outside the European Union.
4.3 The customer will be informed of the payment option(s) in the seller's online store.
4.4 If payment in advance by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and Shipping Terms
5.1 Unless otherwise agreed, goods will be shipped to the delivery address provided by the customer. For the purposes of processing the transaction, the delivery address specified in the seller’s order processing system shall be decisive. Notwithstanding the foregoing, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment shall apply.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of shipping the goods if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply to return shipping costs.
5.3 For in-person pickup, the seller first notifies the customer via email that the ordered merchandise is ready for pickup. After receiving this email, the customer may pick up the merchandise at the seller’s place of business, following consultation with the seller. In this case, no shipping costs will be charged.
7) Retention of Title
If the seller makes an advance delivery, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.
8) Liability for Defects (Warranty)
8.1 If the purchased item is defective, the provisions governing statutory liability for defects apply.
8.2 If the customer is acting as a consumer, he or she is asked to file a complaint with the delivery service regarding any goods delivered with obvious shipping damage and to notify the seller of this. Failure to do so will have no effect on the customer’s statutory or contractual claims for defects.
Exclusion of Warranty for Specific Electronic Components
1. Our custom-made products may contain specific electronic components that are inherently particularly sensitive and subject to increased wear and tear. This applies in particular to the moaning function, the heating function, and the suction vagina.
2. We do not provide a warranty for these specific electronic components if the defect is due to normal wear and tear, improper use, or external factors.
3. However, if a defect in the aforementioned electronic component occurs within 6 months of receiving the product, we will offer to fully refund the purchase price of the defective component.
4. This warranty exclusion applies exclusively to the specified electronic component and does not affect the statutory warranty rights for the rest of the product.
9) Redeeming Promotional Coupons
9.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the customer (hereinafter “Promotional Vouchers”), may only be redeemed in the Seller’s online store and only during the specified period.
9.2 Certain products may be excluded from the coupon promotion if the terms of the promotional coupon specify such a restriction.
9.3 Promotional coupons can only be redeemed before completing the order process. They cannot be applied retroactively.
9.4 You can redeem multiple promotional coupons with a single order.
9.5 The value of the merchandise must be at least equal to the amount of the promotional coupon. The seller will not refund any remaining balance.
9.6 If the value of the promotional coupon is not sufficient to cover the order, you may select one of the other payment methods offered by the seller to pay the remaining balance.
9.7 The balance of a promotional coupon will not be paid out in cash, nor will it accrue interest.
9.8 The promotional coupon is non-refundable if the customer returns merchandise paid for in whole or in part with the promotional coupon under their statutory right of withdrawal.
9.9 The promotional voucher is intended solely for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obligated, to verify the validity of the voucher holder’s claim.
10) Governing Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
11) Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the Seller is in any event entitled to bring an action before the court at the Customer’s place of business.
12) Code of Conduct
- The seller has agreed to comply with the guidelines for „Google Customer Reviews,“ which are available online at https://support.google.com are available for viewing.
13) Alternative Dispute Resolution
13.1 The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
13.2 The seller is not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.
