These are our terms and conditions for supply of products by Sexual Healing BV
- The offer
- The agreement
- Right of withdrawal
- Costs in case of withdrawal
- Exclusion of the right to withdrawal
- The product price
- Compliance and warranty
- Delivery and implementation
- Complaints procedure
- Intellectual property
- Additional or deviating provisions
In these conditions the following terms have the following meanings:
Sexual Healing: the entrepeneur and legal person who offers products remotely to clients/consumers/buyers
Client/consumer/buyer: A natural person who buys a product from Sexual Healing and whose actions are not carried out for objectives relating to the course of a trade, a profession or a business
Trader: A natural or legal person who offers products to consumers/clients from a distance, in these terms and conditons we mean Sexual Healing as the trader
Withdrawal period: The period within a consumer can make use of her right of withdrawal
Model form for right of withdrawal: The European model form for right of withdrawal
Right of withdrawal: The possibility for a consumer to waive a distance contract and online purchase agreement within the withdrawal period
Distance contract: A contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded
1. These general terms and conditions apply to every product of offer from Sexual Healing and to every distance contract and orders between Sexual Healing and the consumer.
2. Before the distane contract is concluded, the tekst of these genral terms and conditions is made available to the consumer.
3. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these terms and conditions will remain in force and the relevant provision will be replaced immediately in mutual consultation by a provision that the purport from the original as closely as possible.
4. Situations not covered by these terms and conditions should be assessed "in the spirit" of these Sexual Healing terms and conditions.
5. Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained "in the spirit" of these General Terms and Conditions of Sexual Healing.
3. The Offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer
2. The offer is without obligation. Sexual Healing is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products. The description and images are sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Sexual Healing uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Sexual Healing.
4. Sexual Healing cannot be held responsible for discrepancies in color resulting from the quality of the colors displayed on the screen.
5. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in it especially the structure of the price. Prices offered to consumers include 21% VAT. Shipping costs include the sales price within the Netherlands. Outside the Netherlands, the shipping costs are made transparent at checkout.
4. The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions intially by completing the payment.
2. If the consumer has accepted the offer electronically, Sexual Healing will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Sexual Healing, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, Sexual Healing will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, Sexual Healing will take appropriate security measures. (see our privacy statement)
4. Sexual Healing can - within legal frameworks - inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Sexual Healing has good reasons not to enter into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. Sexual Healing will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the postal address of the location of Sexual Healing where the consumer can write to complainb.
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
5. Right to withdrawal
When delivering products
1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period starts on the day after purchase.
2. During the withdrawal period of 14 days, the consumer will handle the product and packaging with care. she will only unpack or use the product to the extent necessary to assess whether she wishes to keep the product. If she makes use of her right of withdrawal, she will return the product with all accessories and - if reasonably possible - in the original condition and packaging to Sexual Healing. In accordance with the reasonable and clear instructions provided by Sexual Healing.
3. If the consumer wishes to make use of the right of withdrawal, she is obliged to make this known to Sexual Healing within 14 days after purchasing the product by means of the model form or as Sexual Healing instructed. After the consumer has made it known that she wishes to make use of her right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of her right of withdrawal and the product has not been returned to Sexual Healing, the purchase is a fact.
6. Costs in case of withdrawal
1. If the consumer makes use of her right of withdrawal, de costs will be on her own account.
2. If the consumer has paid an amount, Sexual Healing will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by Sexual Healing or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.
3. In case of damage to the product due to careless handling by the consumer herself, the consumer is liable for any depreciation of the product
4. The consumer cannot be held liable for the depreciation of the product if Sexual Healing does not provide all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.
Article 7 - Exclusion of right of withdrawal
1. Sexual Healing can exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if Sexual Healing has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by Sexual Healing in accordance with the specifications of the consumer
b. that are clearly personal in nature
c. that cannot be returned due to their nature.
d. for hygienic products of which the consumer has broken the seal.
Article 8 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
2. The prices stated in the offer of products or services include VAT. Within the Netherlands, the price also includes shipping. Outside the Netherlands, the shipping costs are clearly indicated at checkout. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, Sexual Healing is not obliged to deliver the product at the wrong price.
Article 9 - Conformity and Warranty
1. Sexual Healing guarantees that the products comply with the agreement. The specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing on the date of the conclusion all comply with the agreement. this also also applies to legal provisions and/or government regulations. If agreed, Sexual Healing also guarantees that the product is suitable for not other than normal use which means as prescribed in the manual.
2. A guarantee of two years is provided by Sexual Healing.
3. Any defects or incorrectly delivered products must be reported to Sexual Healing in writing or by e-mail within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
4. Sexual Healing's warranty period corresponds to the manufacturer's warranty period. Sexual Healing is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
- The consumer has repaired and/or processed the delivered products herself or had it repaired and/or processed by third parties
- The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are contrary to the instructions of Sexual Healing
- The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials that has been used
Article 10 - Delivery and delivery area
1. Sexual Healing will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to Sexual Healing.
3. Sexual Healing currently only delivers within Europe.
4. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than 30 days. Unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.
5. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
6. In case of dissolution in accordance with paragraph 3 of this article, Sexual Healing will refund the amount that the consumer has paid as soon as possible, but no later than 10 working days after dissolution.
7. If delivery of an ordered product proves impossible, Sexual Healing will endeavor to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment will be borne by Sexual Healing.
8. The risk of damage and/or loss of products rests with Sexual Healing until the moment of delivery to the consumer or a pre-designated representative made known to Sexual Healing, unless expressly agreed otherwise.
Article 11 - Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid at the latest within 7 working days after the start of the reflection period as referred to in article 6 paragraph
2. The consumer has the duty to report inaccuracies in provided or payment details to Sexual Healing without delay.
3. In the event of non-payment of the consumer, Sexual Healing, subject to limited restrictions, has the right to charge the reasonable costs made known to the consumer in advance.
Article 12 - Complaints procedure
1. Sexual Healing has a complaints procedure and handles complaints in accordance with this complaints procedure.Sexual Healing wil do her best to handle complaintsas quickly as possible.
2. Complaints about the implementation of the agreement must be submitted to Sexual Healing fully and clearly described within 7 days, after the consumer has discovered the defects. Complaints can be addressed in writing or send by email to: firstname.lastname@example.org
3. Complaints submitted to Sexual Healing will be answered within a period of 10 working days from the date of receipt. If a complaint requires a foreseeable longer processing time, Sexual Healing will reply within 10 working days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
Article 13 - Disputes
1. Agreements between Sexual Healing and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply on these terms and conditions.
Article 14 - Liability
1. All Sexual Healing products are developed and produced with the greatest possible care.
2. Sexual Healing is not liable for direct or indirect damage or costs, for whatever reason, as a result of the different or incorrect use of the products than advised by Sexual Healing.
3. The chance of developing an allergic reaction that may arise from the use of one of our products is very small. However, if someone develops an allergic reaction, Sexual Healing cannot be held responsible in any way and Sexual Healing does not offer any form of compensation.
Article 15 - Intellectual property
1. The use of the information on this website and on our social media accounts is free. Anyone is free to consult the Sexual Healing content or make a copy of the Sexual Healing content for consumer use only. We appreciate it if source reference is used while using our content.
2. By content we mean text, photo, video and other display material.
3. All rights of intellectual property on the Sexual Healing website rest exclusively with Sexual Healing. Any other use of the Sexual Healing website or content, including reproducing, distributing, transcribing, or otherwise making public, is not permitted without the express written consent of Sexual Healing.
Article 16 - Additional or deviating provisions
1. Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.