WEBSITE TERMS AND CONDITIONS

PLEASE READ CAREFULLY

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and BBT Retail Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by BBT Retail Limited and acting in the course of their employment or (ii)engaged as a consultant or otherwise providing services to BBT Retail Limited and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use
  1. All Content included on the Website, unless uploaded by Users, is the property of BBT Retail Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video,software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
  2. You may, for your own personal, non-commercial use only, do the following:
    1. retrieve, display and view the Content on a computer screen
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of BBT Retail Limited.
Prohibited use

You may not use the Website for any of the following purposes:

  • in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
  • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  • making,transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
  • This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of BBT Retail Limited or that of our affiliates.
  • We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
  • The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Privacy & Cookie Policies
  • Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following sextech.co.uk/privacy-policy
Availability of the website and disclaimers
  • Any online facilities, tools, services or information that BBT Retail Limited makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. BBT Retail Limited is under no obligation to update information on the Website.
  • Whilst BBT Retail Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  • BBT Retail Limited accepts no liability for any disruption or non-availability of the Website.
  • BBT Retail Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  3. To the maximum extent permitted by law, BBT Retail Limited accepts no liability for any of the following:
    1. any business losses, such as loss of profits, income, revenue, anticipated savings,business, contracts, goodwill or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any special, indirect or consequential loss or damage.
General
  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  3. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable,that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
BBT RETAIL LTD.
  • BBT Retail Limited is a company incorporated in England and Wales with registered number 11706434 whose registered address is 102 Bromstone Road, Kent, CT10 2HX and it operates the Website sextech.co.uk.

You can contact BBT Retail Limited by email on [email protected]

Sale and Subscription Terms

SALE OF GOODS - PLEASE READ CAREFULLY

Application

  1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are BBT Retail Limited whose trading name is SEXTECH.CO.UK a company registered in England and Wales under number 11706434 whose registered office is at 102 Bromstone Road, Broadstairs, Kent, CT10 2HX with email address [email protected]; (the Supplier or us or we).
  2. These  are the terms on which we sell all Goods to you. By ordering any of the Goods,you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

  • Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  • Contract means the legally-binding agreement between you and us for the supply of the Goods;
  • Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
  • Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchangedreproduction of the information stored;
  • Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
  • Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
  • Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  • Website means our website sextech.co.uk on which the Goods are advertised.

Goods

  1. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
  2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  3. All Goods which appear on the Website are subject to availability.
  4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal Information

  1. We retain and use all information strictly under the Privacy Policy.
  2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

  1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
  4. Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
  5. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
  6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

  • The price of the Goods and any additional delivery or other charges is that set out  on the Website at the date of the Order or such other price as we may agree inwriting.
  • BBT Retail Limited is not currently VAT registered, as it is below the threshold. VAT is not charged on goods.
  • You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

  • We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event,not more than 30 days after the day on which the Contract is entered into.
  • In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
    • we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
    • after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
  • If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
  • IF you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
  • If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
  • We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
  • You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
  • If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
  • The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

  • Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  • You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, Returns and Cancellation

  • You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  • This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights,however, do not apply, to a contract for the following goods (with no others)in the following circumstances:
    • goods that are made to your specifications or are clearly personalised;
    • goods which are liable to deteriorate or expire rapidly.
  • Also,the Cancellation Rights for a Contract cease to be available in the following circumstances:
    • in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
    • in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to Cancel

  • Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
  • The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
  • To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
  • You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website sextech.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
  • To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

  • Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for any supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods supplied

  • We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you. This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
  • Due to the sensitive nature of most of the products sold, exercising your right to cancel with a product that is no longer sealed and unused will result in the wholesale cost of the item being deducted from your reimbursement.

Timing of reimbursement

  • If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
    • 14 days after the day we receive back from you any Goods supplied, or
    • (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
  • If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
  • We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event,you will not incur any fees as a result of the reimbursement.

Returning Goods

  • If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods to us at PO BOX 228,Hitchin, Herts, SG4 0WW without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
  • For the purposes of these Cancellation Rights, these words have the following meanings:
    • distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
    • sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity and Guarantee

  • We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  • Upon delivery, the Goods will:
    • be of satisfactory quality;
    • be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
    • conform to their description.
  • It is not a failure to conform if the failure has its origin in your materials.
  • We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee,including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

Successors 

Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. 

Circumstances Beyond Control of Either Party

In the event of any failure by a party because of something beyond its reasonable control:

  • the party will advise the other party as soon as reasonably practicable; and
  • the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

  • Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
  • These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy and cookie policies (sextech.co.uk/privacy-policy).
  • For the purposes of these Terms and Conditions:
    • ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data,including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
    • ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
    • ‘Data Controller’,’Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
  • We are a Data Controller of the Personal Data we Process in providing Goods to you.
  • Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    • before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    • we will only Process Personal Data for the purposes identified;
    • we will respect your rights in relation to your Personal Data; and
    • we will implement technical and organisational measures to ensure your Personal Data is secure.
  • For any enquiries or complaints regarding data privacy, you can contact director at the following e-mail address: [email protected]

Jurisdiction

  • The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  • Disputes can be submitted to the jurisdiction of the courts of England and Wales or,where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  • We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 3 business days.
SUBSCRIPTION TERMS - PLEASE READ CAREFULLY

Application

  1. These Terms and Conditions will apply to the purchase of Subscriptions by you (the Customer or you). We are BBT Retail Limited whose trading name is SEXTECH.CO.UK a company registered in England and Wales under number 11706434 whose registered office is at 102 Bromstone Road, Broadstairs, Kent, CT10 2HX with email address [email protected]; (the Supplier or us or we).
  2. These are the terms on which we sell all Subscriptions and Services to you. By ordering any of the Services,you agree to be bound by these Terms and Conditions. You can only purchase Goods or Services from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

  • Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  • Contract means the legally-binding agreement between you and us for the supply of the Goods;
  • Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchangedreproduction of the information stored;
  • Free Gift, Welcome Gift, Signup Bonus all mean the same thing and are used interchangeably throughout;
  • Services or Subscriptions means the Subscription services on the Website that provide member benefits;
  • Order means the Customer’s order for the Service from the Supplier as submitted following the step by step process set out on the Website;
  • Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  • Website means our website sextech.co.uk on which the Services are advertised.
 
This page (together with the documents referred to) provides terms and conditions on which we will supply to you the Subscription Services (Services, or Subscriptions throughout) listed on our website.
 
Please read these terms and conditions carefully before subscribing to one of our Services. By subscribing to one of our Services, you agree to be bound by these terms and conditions.
 
You may wish to print a copy of these terms and conditions for your future reference.
 
1. YOUR STATUS
 
By placing an order through our site, you warrant that:
 
  • 1.1 you are legally capable of entering into binding contracts; and
  • 1.2 you are at least 18 years old;
  • 1.3 you are resident in one of the Serviced Countries; and
  • 1.4 you are accessing our site from that country.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
 
  • 2.1 After completing signup, you will receive an e-mail from us acknowledging that we have received your payment. Please note that this does not mean that your subscription has been accepted. Your subscription constitutes an offer to us to buy Products at prices (or those that are either temporarily or permanently otherwise unavailable) to non-subscribers. All orders are subject to acceptance by us. You will be contacted by email if your Subscription order has not been accepted. 
  • 2.2 The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. SEXTECH.CO.UK may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before SEXTECH.CO.UK reasonably could act. To terminate your authorisation or change your payment method, log into your Account Dashboard to manage your automatic subscription payment to us under the Subscriptions tab. If your payment provider also requires separate notification or cancellation, SEXTECH.CO.UK cannot alter or cancel this for you.
  • 2.3 By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you, on the subscription terms set out in the application form you have completed. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
  • 2.4 Account Cancellations. If you wish to cancel your monthly subscription with us, you must cancel 7 days before your next payment is due to be collected, in order to avoid receiving the following months’ box. Customers cancelling after their payment has been taken will receive the following months box as their last box. If your payment has been cancelled before the 7 day period this may result in being invoiced for the following months’ box.
  • 2.5 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
  • 2.6 Subscriptions that include Welcome Gifts do not include subsequent gifts upon renewal, unless explicitly stated while signing up.
3. CONSUMER RIGHTS
 
  • 3.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day you signed up for the subscription. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out below),  and provided exceptions 3.3 and 3.4 do not apply.
  • 3.2 To cancel a Contract, you must log-in to your SEXTECH.CO.UK membership account and select to cancel your Subscription via the toggle switch. If you received any Welcome Gift or Product sign-up bonus, you must also return the Products to us within the 14-day period. You must pay the cost of returning the Products. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
  • 3.3 Due to hygiene reasons, any product that arrives sealed in plastic, shrinkwrap, or similar will not be eligible for return, and thus will not be eligible for a refund of Subscription services.
  • 3.4 Your right to cancel within 14-days is voided if you have used any of the benefits of your membership that are not recoverable by SEXTECH.CO.UK in a condition that meets our returns policy. For example, if you purchase a Subscription that provides access to a member discount for a product, or product restricted to members-only, you will not be eligible to receive a refund for your Subscription, regardless of how much time has elapsed.
  • 3.5 The sole exception to clause 3.4 is if you purchase a Subscription product on its own that necessitates the choosing of a Welcome Gift, and you receive a member Shipping Discount for this gift alone. This alone will not be classed as ‘use of the service’. However, if you purchase another product alongside a Subscription service, and receive a discount on the product and shipping of that product, this will void your right to a refund.
4. AVAILABILITY AND DELIVERY
  • 4.1 Your order for a Subscription product will be fulfilled immediately upon payment, with any Welcome Gift shipping the next working day, unless there are exceptional circumstances. SEXTECH.CO.UK will aim to notify you in reasonable time if there will be a delay in dispatch. Delivery is dependent upon the method chosen during Checkout. SEXTECH.CO.UK cannot accept responsibility for any delays in delivery that are out of our control.
  • 4.2 Deliveries are made to the address provided during signup, unless written notification to change this delivery address is provided by you. SEXTECH.CO.UK cannot accept responsibility for deliveries that do not reach the customer due to an incorrect delivery address being provided.
  • 4.3 Subscription products that contain recurring Welcome Gifts or Products will be sent out within 48 hours of the due date.
5. RISK AND TITLE
 
  • 5.1 The Products will be at your risk from the time of delivery.
  • 5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products or Services, including delivery charges.
 
6. PRICE AND PAYMENT
 
  • 6.1 The price of the Services, Products and our delivery charges are quoted on our site, except in cases of obvious error.
  • 6.2 As a small business currently beneath the VAT threshold, we do not currently charge VAT. We will update this policy when this changes.
  • 6.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders that have already been paid for in full.
  • 6.4 Payment for all Services are processed via Stripe, allowing all major debit and credit cards.
 
7. OUR REFUNDS POLICY
 
  • 7.1 If you return a Product to us:
  • 7.1.1 Because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 3.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Subscription in full, and any applicable delivery charges, provided any Welcome Gift meets our return critera. However, you are responsible for the cost of returning the item to us.
  • 7.1.2 For any other reason (for instance, because you have notified us in accordance with clause 2.1 – that you do not agree to a change in these terms and conditions since undertaking the Subscription, but without making use of any of the Subscription’s benefits). We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. 
  • 7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8. WARRANTY
 
We warrant to you that any Product purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. Any Service purchased will provide the Member benefits laid out at the time of subscribing.
 
9. OUR LIABILITY
 
  • 9.1 Subject to clause 9.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Subscription.
  • 9.2 Nothing in this agreement excludes or limits our liability for:
  • 9.2.1 Death or personal injury caused by our negligence;
  • 9.2.2 Fraud or fraudulent misrepresentation;
  • 9.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
  • 9.2.4 Defective products under the Consumer Protection Act 1987; or
  • 9.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
 
10. WRITTEN COMMUNICATIONS
 
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
 
If you wish to contact us in writing, you can do so via the Contact page, or by letter at:
102 Bromstone Road
Broadstairs
Kent
CT10 2HX
 
11. NOTICES
 
All notices given by you to us must be given to SEXTECH.CO.UK at [email protected] We may give notice to you at either the e-mail or postal address you provide to us when signing up to a Subscription, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that a recorded delivery service was used and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
 
12. TRANSFER OF RIGHTS AND OBLIGATIONS
 
  • 12.1 The contract between you and us is binding on you and us and on our respective successors and/or assignee.
  • 12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
  • 12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
 
13. INTELLECTUAL PROPERTY RIGHTS
 
  • 13.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
  • 13.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
  • 13.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
14. EVENTS OUTSIDE OUR CONTROL
 
  • 14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
  • 14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  • 14.2.1 Strikes, lock-outs or other industrial action;
  • 14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • 14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • 14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • 14.2.5 Impossibility of the use of public or private telecommunications networks; and
  • 14.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
  • 14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15. WAIVER
 
  • 15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
  • 15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
  • 15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
16. SEVERABILITY
 
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
 
17. ENTIRE AGREEMENT
 
  • 17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
  • 17.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
  • 17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
  • 17.4 Nothing in this clause limits or excludes any liability for fraud.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
  • 18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
  • 18.2 You will be subject to the policies and terms and conditions in force at the time that you order Subscriptions and other Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply retrospectively to orders placed), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of purchasing a Subscription.
 
19. LAW AND JURISDICTION
 
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.