Terms of Service and Use of Website – CelebrateSex.com, Autumn Boutique, LLC (the “Terms”)
Effective Date: March 1, 2019
Autumn Boutique, LLC (the “Company”, “we, “us) owns and operates the website located at URL www.celebratesex.com. These Terms of Service and Use of Website (“terms”) govern your relationship with www.celebratesex.com (“Website”), as well as your purchase of products or services via the Website. Access to and use of this Website and the products and services available through this Website (collectively, the "Products") are subject to these Terms. By purchasing the Products, you are agreeing to all of these Terms, as they may be updated by us from time to time. You should check this page regularly to review and understand any changes we may have made to these Terms.
Access to this Website is permitted on a temporary basis, and the Company reserves the right to withdraw or amend any or all of the Products without notice for any reason. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
The products and services sold on the Website are adult novelties and are intended for persons 18 years of age and older. PERSONS UNDER THE AGE OF 18 ARE NOT PERMITTED TO ACCESS THE WEBSITE AND ANY SUCH ACCESS IS A VIOLATION OF THESE TERMS AND IS FORBIDDEN.The products may not be legal in your city, county, state or country. It is your obligation to check ordinances and laws before ordering. Neither the Company nor the Website assumes any responsibility for products and services deemed illegal by your state or local authorities. As specifically outlined above, minors under 18 years of age are forbidden access our Website, and by accessing the Website, you are confirming that you are an adult, as defined by the laws of your city, county state and/or country, and are over 18 years of age. You are solely responsible for the use of any product you purchase from the Website. In purchasing a product from the website you expressly agree and confirm you will use the product in compliance with all laws of your city, county, state, and/or country and with the express consent of any other person with whom you may use the product.
You must not misuse this Website. You will not: commit or encourage any criminal offense or any civil tort, transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Products; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and the Website will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including but not limited to photographic images, brand names, product names, logos, and written text) made available to you on or through this Website remains the property of the Company or its licensors and are protected by trademark, copyright laws, intellectual property laws and treaties around the world. All such rights are reserved by the Company, the Website and their licensors. You may display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website nor may you use any such content in connection with any personal, business or commercial enterprise. You are not allowed to share in real time or by publication any part of the Website with a person under the age of 18.
Terms of Sale
By placing an order, you are agreeing to purchase a product on the Website listed for sale by the Company. Such agreement to purchase, upon acceptance of the Company, is considered by the Company to be a contract and is subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price upon payment by you.
Processing and shipping times may vary according to availability and are subject to any delays resulting from postal/courier delays or force majeure (i.e., natural disasters, war, etc.) events (as reasonably determined by the Company int heir sole discretion) for which we will not be responsible.
In order to place an order and/or contract with the Website, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us, or otherwise pay by a check or money order that is acceptable to us. The Website retains the right to refuse any request to purchase made by you, in the Company’s sole discretion. The Company reserves the right to refuse service to any one for any reason. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with which will process and ship your order. This will usually be the Website; however, in some cases it may be a third party. Where a contract is made with a third party, the Website is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which the third-party will supply to you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. Further, you affirm that you are 18 years of age or older. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
While we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. We assume no responsibility for any errors and you expressly waive any recourse you may have for any error on the Website. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you or you fail to reply to our communications, we will treat the order as cancelled. If you cancel an order prior to shipment and you have already paid for the goods, you will receive a full refund. Processing and shipping costs will be charged in addition to the purchase price of any product you order; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we, or our third-party credit card processor, carries out an industry standard authorization to ensure there are sufficient funds on the credit or debit card used to fulfill the transaction. Your debit or credit card will be charged upon authorization being received. Payments by check or money order require payment in full of the amount of the check or money order to our financial institution prior to shipment. In other words, the check or money order must clear our bank prior to shipment. The monies received upon the debiting of your card (or cashing of check/money order) shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been shipped and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability Regarding Website Content
The materials displayed on this Website are provided “as is” without any guarantees, conditions or warranties as to their accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law the Company, the Website and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. The Company assumes and expressly denies any liability from the use by any person of any product obtained from the Website.
Linking to this Website
You may link to our home page, provided you gain the Company’s prior written permission prior to linking, and do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by the Company in its sole discretion. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website.
You agree to indemnify, defend and hold harmless the Company and the Website, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms.
The Website shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Products and/or any page of this Website.
The Company controls and operates the Website from the state of Wisconsin, in the United States of America. The Company makes no representation that materials on the Website are appropriate or available for use outside of the United States. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. By accessing the Website, you hereby agree that these Terms shall be governed by and construed and enforced in accordance with the laws of the State of Wisconsin, the United States of America, without reference to its conflict of laws provisions. By accessing the Website, you also agree to submit to the personal jurisdiction and venue of the courts located in the State of Wisconsin, USA, for resolution of all disputes arising from, concerning, or related to these Terms or your use of the Website or any product obtained from the Website. Use of this Website is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms.
If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected, and all other clauses remaining shall remain in full legal force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We utilize a complaints handling procedure which we will use to attempt to resolve disputes when they first arise, provided you give notice to the Company of any dispute or complaint. For any complaints or disputes, please contact us at CustomerService@celebratesex.com. You agree to provide any complaint or dispute to the Company by contacting them at the email address listed previously prior to filing any lawsuit or taking any legal action against the Company.
If you breach these conditions and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions. We may exercise our rights and remedies to address any breach of these Terms at any time and in our sole discretion. Our failure to act on any breach or violation of these Terms does not constitute a waiver of these Terms or of our rights to enforce them or seek remedies as allowed by law.
These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and the Company and the Website. Any waiver of any provision of these Terms will be effective only if in writing and signed and dated by an authorized officer of the Company.