What's the term and conditions of Sexyballs site?
Welcome to Sexyballs™. This website is owned and operated by Sexyballs™ you want to ask us anything about these terms & conditions or have any comments on or about our website email us at info@sexyballs.com.au
These terms & conditions incorporate our privacy policy and set out the basis on which you can visit and use the Sexyballs™ website. Please read them carefully as they contain important information.
Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Sexyballs™. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this website for any purpose.
Eligibility
In order to make a purchase through the Sexyballs™ website or to use some of the services or features made available to you on our website you will be required to register. When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number and email address, which is true, accurate, current and complete in all respects. Should any of your registration information change in future you are required to amend your personal online account immediately. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The purchase of merchandise through the Sexyballs™ website is strictly limited to parties who can lawfully enter into and form contracts on the website in accordance with Australian law.
Accuracy of content
We have taken great care in the preparation of the content of this website, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the merchandise or its price as advertised on this website. All prices are displayed in AUD including GST. The total cost of your order is the price of the merchandise.
The packaging may vary from that shown. The weights and dimensions are approximate only. We have made every effort to display as accurately as possible the colour of the products that appear on the website. However, as the actual colours you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, Sexyballs™ disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We are not responsible for the content of any off-website pages or any other websites linked to or from this website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
Availability
All items are subject to availability. Validly stated prices on our website remain in effect for so long as the merchandise is available or as otherwise stated on our website. We will inform you as soon as possible if the goods you have ordered are not available.
Delivery
Most of our Brands are delivered FREE of charge there are certain brands that may incur a small fee. Not all of our delivery options are available to all areas of the World. If you have a question about delivery outside of Australia we will advise you if you call on +61 (3) 9529 2999 and Fax: +61 (3) 9529 2999 or email at info@sexyballs.com.au
We will deliver the merchandise in accordance with the delivery option selected by you. Please view our delivery options for full details. Whenever referred to, working days exclude Saturday, Sunday and Public holidays. Orders to one address may be delivered in one or more deliveries however you will only incur one delivery charge. If you have specified delivery to more than one address when placing your order there is a separate charge for each destination address. Any delivery timescales are indicative only. Time is not of the essence.
Upon delivery of the merchandise to you, we will provide you with sufficient information to enable you to exercise your statutory right of cancellation and address any intended cancellation to the correct addressee or to return or exchange your merchandise.
In the event should your product not arrive, please contact us immediately once dispatch has occurred. We will need to lodge and inquiry with Australia post- concerning the non-delivery of receipted goods. On the basis should they confirm that the matter has been investigated and they acknowledge that they are unable to provide proof of delivery we can offer you two options: re order of the product/ refund upon confirmation investigation is closed with Australia post.
Should a parcel be returned back to Sexyballs™: We will contact you immediately, In order for us to resend this please note there will be an additional payment required based on the weight of the parcel, we will require this before we resend this back to you.
Shipping is free of charge when you first place an order with us, although, when a parcel is returned due not being collected or wrong shipping details this will fall back onto the consumer.
Acknowledgement and acceptance of your order
We will notify you by email as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfil your order following this acknowledgement, we will contact you by email or telephone advising you of this. Our acceptance of your order will take place upon dispatch of the product(s) ordered. If you require any information concerning your order please email us at info@sexyballs.com.au quoting your order number. We may not accept your order if an item you have ordered is out of stock, if we have identified a product or pricing error or if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.
Inspection
You should inspect the stock upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us upon receipt that there is a problem or you cancel the order in accordance with your cancellation right and/or you return the goods in accordance with our returns policy and procedure. If you fail to take such action, we are not obligated to accept any rejection by you of the merchandise at a later date.
Your statutory rights are not affected.
Payment
Payment can be made by any of the following methods: Visa, Mastercard, PAYPAL. Payment will be debited and cleared from your account at the point at which your order is despatched. You confirm that the credit card being used is yours. Please note that all credit cardholders are subject to validation checks and authorisation by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to Sexyballs™, we will not be liable for any delay or non-delivery of merchandise. We retain the legal ownership of all merchandise until full payment has been made by you and received by us and legal ownership of the merchandise will immediately transfer back to us if we refund any payment for the merchandise to you. The risks in the merchandise transfer to you upon delivery.
Credit Card Processing Payment Gateway E-Commerce
Legally binding contract
Please remember that when we accept your submitted order for merchandise on this website, there will be a legally binding contract.
Cancellation right
Under the distance selling regulations you have the legal right to cancel your order within seven working days from the date of receipt of the goods if you send us a notice of cancellation in writing and return the goods to us in their original, unopened and unused condition. This excludes investigations from Australia post of non delivered items. For further details of how to return merchandise please see our returns policy and procedure. Where goods are delivered to a third party you may exercise your right to cancel if you are able to return the merchandise to us. You can submit your cancellation notice by email to our customer services department at info@sexyballs.com.au or in writing to:
Customer Services
SexerciseRus
19/10 Clifton Street,
Prahran, Vic 3181
Melbourne Australia
Your statutory rights are not affected.
Returns
Sexyballs™ hopes that you will be delighted with your order. However, if for any reason you are not completely satisfied with product we are happy to offer a refund excluding fragrances, on all goods returned to us within fourteen days of your receipt of goods provided they are in their original, unopened and unused condition. Please view our returns policy and procedure for full details of how to return your goods.
Please check your fragrance orders carefully, as fragrances can NOT be returned under any circumstances due to international aviation restrictions.
Your statutory rights are not affected.
Privacy policy
Sexyballs™ values its customers and respects their privacy. Any information we collect about you is held with the utmost care and security. Your visit to our website and your use of any of the services or features we provide is subject to our terms and conditions of which this privacy policy is part. We will not use your personal details in any other way or sell your personal details to other parties. If you wish to place an order on our website you will also be required to provide credit or debit card details.
We use the latest strong encryption technology to ensure that all transactional information is protected to the highest standard. Transactional information includes any credit card details, your personal contact information, together with any other names and addresses you provide when you place an order for delivery to another address, and your purchasing history. When you give us information, it may be used for:
i. administration of our site:
The information you give us is necessary to enable us to fulfil your order, make sure it is delivered correctly and to maintain your account.
ii. Customer service:
We ask for your contact details, such as your email address and telephone number, to enable us to answer any questions you have about using our website and to notify you about the status of your order.
iii. Direct marketing:
We want to keep you up to date on our latest products, promotional offers and events. If you have agreed when you registered, we can inform you about these and other services and events we offer by email, post or telephone. You can also choose when registering to receive such information from other carefully selected companies.
You will not be sent any unsolicited material unless you indicate that you want to receive details about products, offers and events etc. when you register. We do not provide your personal details to other companies or individuals for their marketing purposes.
iv. Cookies
The Sexyballs™ ordering system uses cookies to record a unique reference on your computer. This means that we can recognise your computer when you access www.senseonline.com.au and log into your account with your user name and password. The use of cookies allows us to remember the goods that you placed in your shopping bag and saves you having to enter the basic contact information that you provided us with on setting up your Sexyballs™ account. Our cookies do not remember your credit card details. You may experience technical difficulties in using our website if you have disabled cookies. If you have disabled JavaScript you will not be able to use this website. You can alter your cookie and JavaScript settings in your browser's preferences which are usually found in the Edit menu.
v. data protection
Sexyballs™ complies with and is registered under the Data Protection Act.
Sexyballs™ is committed to protecting the information we collect from you, which we use to enhance your experience of using our site and to provide you with the merchandise and services you request from us. The above section of our terms & conditions comprises our privacy policy and enables you to understand how we retain and use your personal information. You can at any time change and update the information you have provided by logging into 'my account.'
Damage to your computer
Sexyballs™ makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Sexyballs™ will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Limitation of liability
Sexyballs™ makes no representations or warranties in connection with this website, whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such warranties are not legally excludable. To the fullest extent permissible Sexyballs™ will not be liable for interruption of business; loss or damages of any kind incurred as a result of dealings with or the presence of the website or off-website links; access delays or access interruptions to the website; computer viruses, system failure or any malfunction which may occur in connection with your use of our website; any inaccuracies or omissions or misleading, false or deceptive statements in the content; or, any events beyond Sexyballs™ reasonable control. Furthermore, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, consequential or other damages of any kind related to your use of the website and in no event shall our maximum aggregate liability exceed one hundred pounds sterling.
Exclusions of liability
Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Sexyballs™ or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by Australian law. If any provisions of these disclaimers and exclusions are deemed to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Complaints & submission of information
If you wish to contact us to complain about any matter in regard to the merchandise, please email us at info@sexyballs.com.au or write to us at:
Customer Services
SexerciseRus
19/10 Clifton Street,
Prahran, Vic, 3181
Melbourne Australia
We welcome your enquiries or feedback on the merchandise you use or might like to purchase. However, it is our policy to decline any unsolicited suggestions or ideas. Any enquiries, feedback, suggestions, ideas or other information you provide to us ('information') will be treated as non-confidential and non-proprietary. Subject to our privacy policy, by providing us with any such unsolicited information you hereby grant Sexyballs™ a non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the information in any form, media or technology and whether alone or as part of other works. You also agree that your information may not be returned and we may use your information and any ideas, concepts or know-how contained therein, for any purpose. Furthermore, if you send us any such information you represent and warrant that you own or otherwise are entitled to any and all rights to the information and that your information does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form. You may not impersonate any person or entity or use any false email address or otherwise mislead Sexyballs™ as to the origin of the information submitted and you agree to indemnify Sexyballs™ and hold Sexyballs™ harmless from and against any claims arising from your claims and/or any third parties claims to any rights in any such information.
Intellectual property
The trade marks, logos and service marks ('intellectual property') displayed on our website are the registered and unregistered marks of Sexyballs™. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written consent.
Non-waiver
No failure to exercise and no delay on the part of Sexyballs™ in exercising any right, remedy, power or privilege of Sexyballs™ under these terms & conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of Sexyballs™.
Other legal notices
There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these terms & conditions govern your use of this website.
Changes to legal notices
We reserve the right to change these terms & conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the website.
Law, jurisdiction and language
This website, any content contained herein and any contracts entered into as a result of usage of this website are governed by Australian law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Australia. All contracts are concluded in English.
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