- 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).
- 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.
- 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;
- 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.
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
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.
- 15.1 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.
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.