Conditions of Use

Conditions of Use

Welcome Her Erotic Toys.Com
Her Erotic Toys and its associates and partners provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
PRIVACY:
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS:
When you visit Her Erotic Toys or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT:
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Her Erotic Toys or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Her Erotic Toys and parent company TMC Enterprises and is protected by U.S. and international copyright laws. The software application provider and author for "ZenCart", is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for ZenCart remains the intellectual rights of www.zencart.com.
TRADEMARKS:
Her Erotic Toys trademarks and trade dress may not be used in connection with any product or service that is not Her Erotic Toys, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Her Erotic Toys. All other trademarks not owned by Her Erotic Toys or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Her Erotic Toys or its subsidiaries.
LICENSE AND SITE ACCESS:
Her Erotic Toys grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Her Erotic Toys. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Her Erotic Toys. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Her Erotic Toys and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Her Erotic Toys name or trademarks without the express written consent of Her Erotic Toys. Any unauthorized use terminates the permission or license granted by Her Erotic Toys. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Her Erotic Toys so long as the link does not portray Her Erotic Toys, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Her Erotic Toys logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR CUSTOMER ACCOUNT:
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Her Erotic Toys and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We cannot guarantee the order will be cancelled and if the order ships, shipping charges will not be refunded. There will be a minimum $35.00 Cancellation Fee or 25% whichever is greater on all orders.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT:
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Her Erotic Toys reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Her Erotic Toys and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Her Erotic Toys and its associates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Her Erotic Toys or its associates for all claims resulting from content you supply. Her Erotic Toys has the right but not the obligation to monitor and edit or remove any activity or content. Her Erotic Toys takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS:
All items purchased from Her Erotic Toys are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. All items are for novelty or display purposes only and are not intended for any type of sexual use or intent to do so. Her Erotic toys assume no responsibility or liability.
CHARGE-BACK FEES:
Customer understands and agrees that all products purchased are considered a final sale for which no refunds will be given or provided except as expressly provided herein. As such, Customer agrees and acknowledges that by purchasing any product from Her Erotic Toys, Customer shall be solely responsible for and shall pay Her Erotic Toys $50.00 plus the cost of the order for any charge-backs issued to Her Erotic Toys from any credit card company, merchant bank or other source of payment that is issued at the request of the Customer outside of the expressly provided methods of return. Stated another way, should Customer request a refund or charge cancellation from any credit card company, merchant bank or other source of payment processing against the purchase of Her Erotic Toys products, Customer shall pay a charge back fee in the amount of $50.00 to Her Erotic Toys and the initial purchase amount (the "total amount"). By purchasing any product from Her Erotic Toys, Customer expressly authorizes Her Erotic Toys to direct the stipulated payment/charge to be made to Customer's credit card account (the same being the credit card account used in the initial purchase of said product) in the amount of said "total amount" to Her Erotic Toys. Customer acknowledges and agrees that the policy set forth in this paragraph provides for reimbursement to Her Erotic Toys for fees described above is fair and reasonable and is not a penalty clause or provision.
PRODUCT DESCRIPTIONS:
Her Erotic Toys and its associates attempt to be as accurate as possible. However, Her Erotic Toys does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Her Erotic Toys itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THIS SITE IS PROVIDED BY Her Erotic Toys ON AN "AS IS" AND "AS AVAILABLE" BASIS. Her Erotic Toys MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Her Erotic Toys DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Her Erotic Toys DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Her Erotic Toys ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Her Erotic Toys WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW:
By visiting Her Erotic Toys, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Her Erotic Toys, TMC Enterprises or its associates. All items are for novelty or display puposes only and are not intended for any type of sexual use or intent to do so. Her Erotic toys assume no responsibility or liability with regards to the laws in your state. In case of questions regarding legality of any item we sell you will be responsible for the final use of any product or item you purchase from us, and accept the responsibility and any financial losses caused from this.
DISPUTES:
Any dispute relating in any way to your visit to Her Erotic Toys or to products you purchase through Her Erotic Toys shall be submitted to confidential arbitration in Liberty Hill, TX, except that, to the extent you have in any manner violated or threatened to violate Her Erotic Toys intellectual property rights, Her Erotic Toys may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY:
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Her Erotic Toys. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: sales@hererotictoys.com
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