General Terms and Conditions of Sale

www.intimamenities.com

I. GENERAL INFORMATION

This merchant undertakes not to allow any transaction that is illegal, or is deemed by the credit card brands or the acquiring bank, that may or has the potential to damage the goodwill of or negatively influence or negatively influence them. The following activities are prohibited under the card brand programmes: the sale or offer of a product or service that is not in full compliance with all laws applicable to the in full compliance with all laws applicable to the Buyer, IssuingBank, Merchant, Cardholder, or Cards.

In addition, the following activities are also explicitly prohibited: Child pornography, violence/hate and extreme sexual violence.

The ownership of this website www.intimamenities.com, (hereinafter Website) is held by: WeeDolphin S. L., with NIF: B-09864539 and registered in: Registro Mercantil de Madrid; and whose registry details are: Tomo 43286, Folio 150, Hoja M-764755, and whose contact details are:

Address: Cno. de Valdelaosa, 12 – 28540 Perales de Tajuña – MADRID

Contact telephone number: 624 015 252

Email: [email protected]

This document (as well as other documents referred to herein ) governs the terms and conditions of use of this conditions governing the use of this Website (www.intimamenities.com) and the purchase or acquisition of products and/or services on the same ( hereinafter, Conditions).

For the purposes of these Terms and Conditions it is understood that the activity that Intimamenities carries out through the Website includes:

Marketing and distribution of erotic products.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of Intimamenities. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website the User consents to be bound by these Terms and Conditions these Terms and Conditions and all of the foregoing, so if you do not agree to all of the above, you must not use this Website.

We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have in relation to the Terms and Conditions, he/she may contact the contact the owner using the contact details provided above or, where appropriate, using the contact form.

II. THE USER

Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility extends to:

  • Use this Website only to make legally valid enquiries and purchases or acquisitions.
  • Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
  • Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The User will be able to formalise, at his choice, with Intimamenities the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available on this Website.

III. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase on the Website by the established means and in the established ways. They shall follow the online purchase and/or acquisition procedure of www.intimamenities.com, during which various products and/or services can be selected and added to the shopping cart, basket or final shopping space and, finally, click on: “Checkout”

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details may be modified.

Subsequently, the User will receive an e-mail confirming that Intimamenities has received their order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, where appropriate, you will also be informed by e-mail when your purchase is being sent. Where appropriate, this information may also be made available to the User via his or her personal connection space on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which shall be sent to the User by e-mail and, where appropriate, through their personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it from Intimamenities using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

Unless expressly stated otherwise, Intimamenities is not the manufacturer of the products sold or which may be marketed on the Website. Although Intimamenities makes great efforts to ensure that the information shown on the Website is correct, sometimes the packaging and/or the materials and/or the components of the products may contain additional or different information to that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labelling, warnings and/or instructions accompanying the product.

IV. AVAILABILITY

All purchase orders received by Intimamenities through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Intimamenities undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases in which the provision of a service becomes unfeasible.

V. PRICES AND PAYMENT

The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise stated and applied by law, especially with regard to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, Intimamenities performs delivery and/or shipping services through: Correos, GLS, UPS and SEUR.

Under no circumstances will the Website add additional costs to the price of a product or service of a product or service automatically, but only those which the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: Credit or debit card

Intimamenities uses all the means to guarantee the confidentiality and the security of the data of payment transmitted by the User during the transactions through the Web site. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards shall be subject to checks and authorisations by the issuing bank. by the issuing bank, if said entity does not authorise payment, Intimamenities shall not be responsible for any delay or non-delivery and shall not be able to delivery and shall not enter into any contract with the User.

Once Intimamenities receives the purchase order from the User through the Website, a pre-authorisation shall be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent confirmation of shipment and/or confirmation of the service provided in the manner and, where appropriate, place established.

In any case, by clicking on “Pay” the User confirms that the payment method used is his or her own.

VI. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries shall be made within the following territory: Worldwide

With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, for which it is responsible, Intimamenities is unable to meet the delivery date, it shall contact the User to inform them of this circumstance and the User may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User ‘s absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it redelivered the order and how to have it redelivered.

If the User is not going to be at the place of delivery in the agreed time slot, should contact Intimamenities to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Intimamenities, Intimamenities shall understand that the User wishes to withdraw from the contract and the contract shall be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User shall be returned to him/her, with the exception of the additional costs resulting from the User’s own choice of a delivery method different to the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any event, within a maximum period of 14 calendar days from the date on which the contract is considered to be terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be charged to the User.

For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the moment when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when Intimamenities receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Intimamenities.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax ( VAT), purchase orders for delivery and/or service shall be deemed to be located in the territory where Spanish VAT applies ifthe delivery address is in Spanish territory, except for the Canary Islands. Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the rate legally in force at any given time depending on the specific item concerned.

VII. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has been made when entering data necessary to process his/her purchase request on the Website, he/she may modify the same by contacting Intimamenities through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on “Pay”, has access to the space, cart, or basket where their purchase requests are recorded and where they can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

VIII. RETURNS

In cases where the User purchases products on or through the Website of the Owner, the User is entitled to a number of rights, as listed and described below:

Right of withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore has the right to withdraw from the purchase within 14 calendar days within 14 calendar days without giving any reason.

This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the goods purchased on the Intimamenities Website or in the event that the goods making up the User’s order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the last of these goods making up the same purchase order, or in the case of a contract for services, 14 calendar days from the day on which the contract was concluded.

In order to exercise this right of withdrawal, the User must notify Intimamenities of its decision. He/she may do so, if applicable, through the contact spaces provided on the Website.

The User, irrespective of the means he chooses to communicate his decision, must clearly and unequivocally express that he/she it is his intention to withdraw from the purchase contract. In any case, the User will be able to use the model of withdrawal form that Intimamenities places at your disposal as an annexed part of these Conditions, however, their use is not mandatory.

In order to meet the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period. to withdraw is sent before the expiry of the relevant time limit.

In the event of withdrawal, Intimamenities shall reimburse the User all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which Intimamenities is informed of the User’s decision to withdraw.

Intimamenities shall reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund shall not generate any additional cost to the User. However, Intimamenities may withhold said reimbursement until it has received the products or articles of the purchase, or until the User provides proof of their return, depending on which condition is met first.

The User may return or send the products to Intimamenities at:

It shall do so without undue delay and in any event not later than 14 calendar days from the date on which Intimamenities was informed of the withdrawal decision.

The User acknowledges being aware that he/she shall bear the direct cost of returning the goods (transport, delivery), should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the rewritten text of the General Law for the Defence of Consumers and Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalisedproducts; products which are likely to deteriorate or expire rapidly; music or video CDs/DVDs without their packaging, as sealed at the factory; products which , for hygiene or health reasons , are sealed and have been are sealed and have been unsealed after delivery.

The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users shall not have the right of withdrawal when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgement on their part that they are aware that, once the contract has been completely executed by Intimamenities, they will have lost their right of withdrawal.

In any case, no reimbursement will be made if the product has been used beyond the mere opening of the product, of products which are not in the same condition in which they were delivered or which have been delivered or which have been damaged after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other accompanying documents, if any, and a copy of the purchase invoice, together with a copy of the purchase invoice.

The Model Cancellation Form can be downloaded at the following link: https://intimamenities.com/desistimiento/formulario-desistimiento.docx

Return of defective products or delivery error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order and, therefore, should contact Intimamenities immediately and inform them of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, shall be examined and the User shall be informed, within a reasonable period of time, whether reimbursement or, where applicable, replacement is appropriate.

The refund or replacement of the product will be made as soon as possible and in any case within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.

The amount paid for those products that are returned because of a defect, when it really exists, will be refunded in full, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In all cases, the rights recognised in the legislation in force at any given time for the User shall always apply, as a consumer and user.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that he/she may acquire through this Website, in the terms legally established for each type of product, Intimamenities, therefore, being liable for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Intimamenities and possess the qualities presented in the same; they are suitable for the uses to which products of the same type are ordinarily destined; and they present the usual quality and features of a product of the same type and which are fundamentally to be expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it may happen that the User purchases on the Website a product of a brand or manufactured by a third party. product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, the User also has the possibility to contact the brand or manufacturer responsible for the brand or manufacturer responsible for the product in order to find out how to exercise his legal your legal warranty rights directly against them during the two years following for a period of two years after the delivery of such products. For this purpose, the User must have retained all information relating to the warranty of the products.

IX. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Intimamenities accepts no liability for the following losses, howsoever arising:

  • any losses which are not attributable to any breach by you;
  • business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
  • any other indirect loss which was not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the products was made between them.

Intimamenities also limits its liability in respect of the following cases:

  • Intimamenities applies all measures concerning providing a faithful visualisation of the product on the Website, however it shall not be liable for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.
  • Intimamenities will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, Intimamenities shall not be liable for damages arising from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any other causes typical of the sector, which result in delays, losses or theft of the product.
  • Technical failures which, due to fortuitous or other causes, prevent the normal operation of the service via the Internet. Lack of availability of the Web site for reasons of maintenance or others, which prevents the availability of the service. Intimamenities puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, nevertheless it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
  • Intimamenities shall not be held responsible for the misuse and/or wear and tear of the products which have been used by the User. At the same time, Intimamenities shall not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
  • In general, Intimamenities shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
    • Strikes, lockouts or other industrial action.
    • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
    • Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
    • Impossibility of using public or private telecommunications systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Thus, the obligations shall be suspended for the period during which the force majeure continues, and Intimamenities shall have an extension of time to fulfil them for a period of time equal to the duration of the force majeure. Intimamenities shall use all reasonable endeavours to find a solution to enable it to perform its obligations notwithstanding the force majeure.

X. WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User accepts that the majority of communications with Intimamenities shall be electronic (e-mail or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Intimamenities sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognised by law to the User.

The User may send notifications and/or communicate with Intimamenities through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Intimamenities may contact and/or notify the User by e-mail or at the postal address provided.

XI. WAIVER

No waiver by Intimamenities of any specific legal right or action or failure by Intimamenities to require strict compliance by the User with any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by Intimamenities of any of these Conditions or of the rights or actions arising from a contract shall be effective unless it is expressly stated that it is a waiver and is formalised and communicated to the User in writing.

XII. NULLITY

If any of these Conditions should be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force and shall not be affected by such declaration of nullity.

XIII. ENTIRE AGREEMENT

These Terms and Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and Intimamenities in relation to the object of sale and purchase and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.

The User and Intimamenities acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

XIV. DATA PROTECTION

The information or data of a personal nature which the User provides to Intimamenities in the course of a transaction on the Website shall be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website the User consents to the processing of such information and data and declares that all information or data provided is true.

XV. APPLICABLE LEGISLATION AND JURISDICTION

Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising from or related to the access, browsing and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between Intimamenities and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

XVI. COMPLAINTS AND CLAIMS

Users may send Intimamenities their complaints, claims or any other comments they may wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, Intimamenities has official complaint forms available to consumers and users, which they may request from Intimamenities at any time, using the contact details provided at the beginning of these Terms and Conditions (General Information).

Likewise, should a dispute arise from the conclusion of this purchase contract between Intimamenities and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.