1 DEFINITIONS
1.1 'Buyer' means the individual or organisation that buys or agrees to buy the Goods from the Seller.
1.2 'Consumer' shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.3 'Contract' means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
1.4 'Goods' means the articles that the Buyer agrees to buy from the Seller.
1.5 'Seller' means TheWomansPlace.co.uk of Etchingham, East Sussex, TN19 7WL.
1.6 'Terms and Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5:In order to purchase from this website you must be at least 18 years of age or have the legal right to possess adult products in your area or community and are not offended by any adult merchandise. By entering this website you have released and discharged the providers/owners and creators of this site from all liability which may arise from using this website.
3.PRICES
3.1: All prices shown on the description of the goods are fully inclusive.
3.2: Post and packaging charges will be displayed in the shopping cart.
3.3: The total charge shown in the shopping basket at the top of the page is inclusive of all P&P charges
3.4: After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
3.5: Payment of the Price plus delivery charges must be made in full before dispatch of the Goods.
3.6: All prices displayed within this store are in UK £ sterling.
4.CONTACT US
4.1: You can contact us by email at the following address: sales@thewomansplace.co.uk, all emails will be replied to where requested.
5.COMPLAINTS
5.1:5.1: If for any reason you should wish to register a complaint with us you may do so by email to customerservices@thewomansplace.co.uk, or by post to Marand UK Ltd, 7 Silverbank, Silverhill, Hurst Green, East Sussex, TN19 7QB.
6.DELIVERY
6.1: Goods supplied within the UK will normally be delivered within 5 working days of receipt of order.
6.2: The Seller shall use its reasonable endeavours to meet all dates agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
6.3: Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.4: Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
6.5: All Packages returned to us unclaimed via the Royal Mail will be subject to reshipping charges.
6.6: The seller cannot be held responsible for orders that have been delayed due to incorrect address information being supplied by the buyer when ordering.
7.PACKAGING
7.1: All orders are despatched in plain packaging with no mention of the contents or thewomansplace.co.uk.
7.2: If you have any special requirements then please email us and we will endeavour to take care of it.
7.3: We cannot be held responsible for the Royal Mail, or any damage to packages whilst in transit.
8.PAYMENTS
8.1: All goods must be paid for in full prior to despatch.
8.2: For your discretion all credit and debit cards will be charged in the name of Marand UK Ltd.
8.3: No credit card or personal information will be retained on our computer databases once a transaction has been processed (except email address and name)
8.4: All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. We will contact you to inform you that your card issuer has refused to authorise payment, please note, we are never told the reason why the card issuer has declined authorisation, for confidentiality reasons.
8.5: All orders submitted through this website can only be paid for by credit, debit or charge card. We do not accept American Express or Diners.
9.ORDERING
9.1: All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
9.2: Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.
9.3: In order to purchase from this website you must be at least 18 years of age or have the legal right to possess adult products in your area or community and are not offended by any adult merchandise. By entering this website you have released and discharged the providers/owners and creators of this site from all liability which may arise from using this website.
9.4: Once your order has been completed and submitted through our secure server, an email will be sent to the email address supplied to confirm that your order has been received. It will state what the items ordered, the total cost (including VAT and P&P) and invoice number details. If for any reason your order is incomplete or contains a query we will contact you as soon as possible by email to explain and rectify the query.
9.5: All credit card details submitted to our credit card payment provider using 128bit encryption technology.
9.6: We are required like all bona fide businesses, to inform you that by submitting your order to us, means we will hold your details on our database for marketing purposes and so that we can process your order. By submitting your order to us you are giving your consent for us to do this. You have our assurance that your details will not be sold, rented or hired to any third parties.
9.7: All credit transactions are subject to stringent security measures. If for any reason your credit card payment is refused we will notify you by email. We are unable to give any reasons for this refusal due to privacy laws.
10.CANCELLATION & RETURNS
10.1: Distance Selling Cancellation rights apply to orders placed on this site.
10.2: Any order may be cancelled before receipt or within 7 working days after the day of receipt for a full refund.
10.3: The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller Phone within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
10.4: All goods should be returned by either 1st or 2nd class Royal Mail post, and a certificate of posting must be obtained.
10.5: Goods must be received back at our office within 14 days from the day you receive your order.
10.6: Goods should be returned to us at the customer’s expense. Goods Unreturned within 30 days may be collected by us at the customers expense and deducted from the refund. We reserve the right to charge a £5 or 5% (whichever is the greater) administration fee for cancelled orders.
10.7: Returned goods should be addressed to Marand UK Ltd, 7 Silverbank, Silverhill, Hurst Green, East Sussex TN19 7QB. Your statutory rights remain unaffected.
10.8: If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
10.9: Where returned Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage.
10.10: Products cannot be returned if they have already been used. They must also be in their original packaging and in the same condition that they were originally sent in.
10.11: Any returned items that we believe have been used or if any of the above conditions are not met we reserve the right to return the goods to you without prior notice. Products that we have supplied in sealed packaging that have been opened are non refundable and non exchangeable.
10.12: For health, safety and hygiene reasons, love aids, creams, sprays, latex and underwear, once opened, used or worn these items cannot be exchanged, refunded or credited unless faulty.
10.13: All claims for delivery shortages and damages must be reported to sex-eplace.co.uk within 3 days of the delivery date. All goods are supplied with a 90-day fault warranty (faulty goods can only be returned for exchange not refund once outside of our 14 day satisfaction guarantee).
11.CHANGES TO TERMS AND CONDITIONS
11.1: The Seller shall be entitled to alter these Terms and Conditions at any time. This right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
12. HEALTH & SAFETY
12.1: Always follow manufacturers instructions on products received.
12.2: If you have any medical condition, are taking medication, are pregnant or have any form of disability and you are in any doubt about a particular product, you should consult your GP or a qualified medical practitioner for their opinion before using any product.
12.3: Wash products after use in warm soapy water, ensuring that the battery compartment is kept dry at all times.
12.4: Never share vibrators with others.
12.5: Condoms should never be used more than once.
13. FORCE MAJEURE
13.1: The seller shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control, and the Seller shall be entitled to a reasonable extension of its obligations.
14.LIABILITY LIMITATIONS
14.1: Subject to our obligations under the Consumer Protection (Distance Selling Regulations) Act or any relevant consumer protection legislation to give you a refund, if you cancel your contract or if we do not perform the contract within 28 days or any other agreed time, our liability for any breach of these terms and conditions shall be limited to the value of the goods ordered by you in the relevant transaction.
15.VALIDITY
The ordering of a product or products from this website warrants that you accept these terms and conditions. It is your responsibility to check these terms and conditions regularly before ordering products in case there are any changes. The terms and conditions are subject to change at any time, without prior notice
16.PRODUCT DESCRIPTIONS
16.1: We take great care in describing products as accurately as possible, we reserve the right to alter, withdraw or amend any description without prior notice, due mainly to manufacturers changes and improvements. It is sometimes necessary to send a substitute item or improved version of a product, if this is not acceptable to you, please notify us at the time of placing your order. Where dimensions and sizes are given, these are approximate. Colours and materials may differ slightly to those shown due to colour variations through electronic media and connection quality. If in doubt, please contact us before you order for clarification purposes. Batteries are not supplied with products unless stated. Batteries can be ordered at the time you place your order, see checkout page for cost.
17.MISCELLANEOUS
17.1: All models seen on this site are over the age of eighteen.
17.2: Material on this site may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way. All material is the copyright property of thewomansplace.co.uk.
17.3: All products sold through this website are sold as 'novelty goods'.
17.4: These terms and conditions do not affect your statutory rights as a consumer.
17.5: If for any reason part of these terms and conditions is unenforceable, the validity of the remaining terms and conditions shall not be affected.
18.DATA PROTECTION
18.1: Thewomansplace.co.uk is compliant with the Data Protection Act. Your details will not be passed on to any third party without your prior consent.
19.PRIVACY
Protecting your personal details on our website
Last updated: 15 February 2010
TheWomansPlace knows that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. This notice describes our privacy policy. By visiting www.thewomansplace.co.uk you are accepting and consenting to the practices described in this Privacy Policy.
This website is brought to you by TheWomansPlace. TheWomansPlace believes it is important to protect your privacy and we are committed to giving you a personalised service that meets your needs in a way that also protects your privacy. This policy explains how we may collect information about you and then use it to meet your needs. It also explains some of the security measures we take to protect your privacy, and tells you certain things we will not do. You should read this policy in conjunction with the website terms and conditions.
When we first obtain personal information from you, or when you take a new service or product from us, we will give you the opportunity to tell us if you do or do not want to receive information from us about other services or products (as applicable). You can normally do this by ticking a box on an application form or contract. You may change your mind at any time by emailing us at the address below.
Some of the personal information we hold about you may be 'sensitive personal data' within the meaning of the Data Protection Act 1998, for example, information about your health or ethnic origin.
19.1. Collecting Information
We may collect personal information about you from a number of sources, including the following:
• From you when you agree to take a service or product from us, in which case this may include your contact details, date of birth, how you will pay for the product or service and your bank details
• From you when you contact us with an enquiry or in response to a communication from us, in which case, this may tell us something about how you use our services
• From documents that are available to the public, such as the electoral register
19.2. Using Your Personal Information
Information about our customers is an important part of our business and we are not in the business of selling it to others. We share customer information only as described below.
19.2.1. We will use your personal information to:
• Identify you when you contact us
• Help identify accounts, services and/or products which you could have from us or selected partners from time to time. We may do this by automatic means using a scoring system, which uses the information you have provided and/or any information we hold about you and information from third party agencies (including credit reference agencies).
• Help administer and contact you about improved administration of any accounts, services and products we have provided before, do provide now or will or may provide in the future
• Carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information
• Help to prevent and detect fraud or loss
• Contact you in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by us and selected partners unless you have previously asked us not to do so
19.2.2. We may allow other people and organisations to use information we hold about you as part of the process of selling one or more of our businesses, or if we have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings. From time to time, these other people and organisations may be outside the European Economic Area in countries that do not have the same standards of protection for personal data as the UK. So far as possible, the use by these other people and organisations of information about you will remain subject to the terms of this Privacy Policy.
19.2.3. We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Policy and as permitted by the Data Protection Act.
19.2.4. We may monitor and record communications with you (including phone conversations and emails) for quality assurance and compliance.
19.2.5. We will check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this. We and other organisations may use and search these records to:
• help make decisions about credit and credit related services for you and members of your household;
• help make decisions on motor, household, credit, life and other insurance proposals and insurance claims for you and other members of your household;
• trace debtors, recover debt, prevent fraud and to manage your accounts or insurance policies;
• check your identity to prevent money laundering, unless you give us other satisfactory proof of identity.
19.2.6. Where you give us information on behalf of someone else, you confirm that you have provided them with the information set out in this document and that they have not objected to such use of their personal information. Where you give us sensitive data about yourself or another person (such as health details or details of any criminal convictions), you agree (or confirm that the other person has agreed) to our processing such information in the manner set out in this document.
19.2.7. In connection with any transaction which we enter into with you, we, and other companies in our group, may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies. We and they may keep a record of the search. Information held about you by these agencies may be linked to records relating to other people living at the same address with whom you are financially linked. These records will also be taken into account in credit and fraud prevention checks. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household with whom you are financially linked and for debt collection and fraud prevention. This includes those who have moved house and who have missed payments.
If you provide false or inaccurate information to us and we suspect fraud, we will record this and may share it with other people and organisations. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud.
If you need details of those credit agencies and fraud prevention agencies from which we obtain and with which we record information about you, please write to our Data Protection Compliance Manager at TheWomansPlace, 7 Silverbank, Silverhill, Hurst Green, East Sussex, TN19 7QB.
19.3. Protecting Information
We have strict security measures to protect personal information.
• We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
• We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
• We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
• It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
19.4. The Internet
19.4.1. If you communicate with us using the Internet, we may occasionally email you about our services and products. When you first give us personal information through our website, we will normally give you the opportunity to say whether you would prefer us not to contact you by email. However, you can always send us an email (at the address set out below) at any time if you change your mind.
19.4.2. Please remember that communications over the Internet, such as emails and webmails (messages sent through a website), are not secure unless they have been encrypted. Your communications may go through a number of countries before they are delivered - this is the nature of the Internet. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
19.4.3. We may use 'cookies' to monitor how people use our site. This helps us to understand how our customers and potential customers use our website so we can develop and improve the design, layout and function of the sites. A cookie is a piece of information that is stored on your computer's hard drive through your browser, to recognise your browser and which records how you have used a website. This means that when you go back to that website, it can give you tailored options based on the information it has stored about your last visit. You can normally alter the settings of your browser to prevent it from accepting cookies.
19.4.4. If you do not want us to use cookies in your browser, you can set your browser to reject cookies or to tell you when a website tries to put a cookie on your computer. However, you may not be able to use some of the products or services on our website without cookies.
19.5. Turning Off Cookies in Different Browsers
The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-ons settings or visiting the website of its manufacturer.
19.6. Links
Our site may include third-party advertising and links to other websites. We do not provide any personally identifiable customer information to these advertisers or third-party websites.
These third-party websites and advertisers, or Internet advertising companies working on their behalf, sometimes use technology to send (or "serve") the advertisements that appear on our website directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices. In addition, the Network Advertising Initiative offers useful information about Internet advertising companies (also called "ad networks" or "network advertisers"), including information about how to opt-out of their information collection.
19.7. Further Information
If you would like any more information or you have any comments about our privacy policy, please either write to us at Data Protection Compliance Manager, TheWomansPlace, 7 Silverbank, Silverhill, Hurst Green, East Sussex, TN19 7QB. Or email us at sales@thewomansplace.co.uk. We may amend this policy from time to time, in which case, we will publish the amended version on our website, and you can ask us for a copy by writing to the above address or by emailing us at sales@thewomansplace.co.uk. This policy applies to personal information we hold about individuals. It does not apply to information we hold about companies and other organisations.
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