Terms of Service
Terms of Service
For the avoidance of doubt any reference to “Desire”, “us” “we” or “our” in these Terms refers to the relevant operating Desire entity and any reference to “you” or “your” refers to the visitor and/or user of a Desire website and/or purchaser of a Desire product from a Desire website.
It is a condition of a user accessing and using a Desire website, including all interactive features, blogs, social networks and social network pages, and other online or wireless offerings (the “Website(s)”) that Desire disclaims all warranties in respect of the same whether express or implied in relation to the material published on the Website. Your statutory rights as a consumer are not affected.
This page (together with any policy or other document referred to herein) provides information about Desire and the legal terms and conditions on which we interact with you as well as market and sell any of the products listed on the Website. These terms and conditions (the “Terms”) will apply to you when using the Website as well as to any contract between you and us for the sale of products to yourself. Please read these Terms carefully and make sure that you understand them. By accessing, browsing, ordering products, or registering for, or otherwise using the Website, you acknowledge that you have read and understood these Terms and that you accept and agree to be bound by them in full. If you do not agree to these Terms, then do not use the Website or any portion thereof, and you will not be able to order any products from the Website.
We reserve the right to amend these Terms from time to time. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms on the Website. You should review these Terms often to stay informed of changes that may affect you, as your continued use of the Website signifies your continuing consent to these Terms.
Desire reserves the right to do any of the following at any time without notice:
(i) modify, suspend, or terminate operation of or access to the Website, or any portion thereof, for any reason;
(ii) modify or change the Website, or any portion thereof, and any applicable policies or terms; and
(iii) interrupt the operation of the Website, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
Desire reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the Website, or any portion thereof, for any reason; (ii) modify or change the Website, or any portion thereof, and any applicable policies or terms; and (iii) interrupt the operation of the Website, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
Age of Consent
The Website is not available for use by persons under the age of 18. By accessing the Website and placing an order on the Website, you declare that you are at least 18 years of age. If we discover that you are not at 18 years of age, we reserve the right to cancel your order.
Privacy
Our Privacy Policy explains how we collect, use and store your personal information; how long we keep it; the circumstances in which we, or others, may contact you (including sending you advertising and marketing messages); and the rights you have in relation to your personal information.
Desire takes data handling and processing very seriously, so that your information is held securely and used in a manner as authorised by yourself.
Returns
Regional returns policies will apply, please see our Returns Policy for more information.
Order Acceptance
All orders made by you through the Website are subject to acceptance and availability. We may choose not to accept your order for any reason.
Prices of products are correct at the time of entering information, however, we reserve the right to change prices without prior notice (although we will inform you if any such price change affects your order). Only when Desire accepts your order by sending you a confirmation email that your order has been dispatched a contract will have been created between yourself and Desire.
Copyright
You understand and agree that, as between you and us, any material found within the pages of the Websites, including, but not limited to information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, or logos are the property of Desire and may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site.
Disclaimer
Desire provides the Website on an ‘as is’ basis and, to the extent legally possible, without warranties, representations or guarantees of any kind, express or implied, and does not warrant that the functions contained in and the material on the Website will be uninterrupted, error or defect free, that any defects will be identified or corrected, or that the Website or the server that makes it available are free of viruses or bugs. Further Desire does not represent the full functionality, accuracy, reliability of the materials on the Website.
In addition and to the extent legally permissible, Desire makes no (and disclaims all) representations or warranties of any kind, express of implied, with respect to the Website or the information or content included on it, including any implied warranties of merchantability, title, fitness for a particular purpose or non-infringement. This disclaimer does not affect your statutory rights in relation to the provision of goods.
Limitation of Liability
Desire will not be liable for any use of the Website (including any ordering of products) that results in:
a) losses that were not foreseeable to both parties;
b) losses that were not caused by Desire;
c) business losses and/or losses to non-consumers;
d) losses that result from use of, or reliance on, the Website e) losses that result from any defamatory, offensive, or illegal conduct by you.
We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
You agree to use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Website. You understand that we may immediately revoke your access to the Website if you are in violation of these restrictions.
External websites
As a convenience for Desire customers, our website includes links to other websites or material which are beyond our control. Desire is not responsible for the availability, accuracy, content or any other aspect of external websites linked on the Websites and does not endorse the linked websites.
Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract where such failure or delay is caused by an event beyond our reasonable control (“Force Majeure Event”). A Force Majeure Event includes, but is not limited to: strikes or industrial action by third parties (excluding those caused by Desire’s own employees), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, governmental actions, interruption of transportation or supply chains, or any other natural or external disaster beyond our reasonable control.
If a Force Majeure Event occurs that affects the performance of our obligations:
(a) we will notify you as soon as reasonably possible; and
(b) our obligations under the contract will be suspended for the duration of the Force Majeure Event.
Where a Force Majeure Event affects delivery of products, we will arrange a new delivery timeframe once normal operations resume. If the Force Majeure Event continues for an extended period and you choose to cancel the affected contract, you will be entitled to a refund of amounts you have paid for products not yet delivered. To the fullest extent permitted by law, we shall not be liable for any additional costs, expenses, losses, or damages arising out of or in connection with a Force Majeure Event, including but not limited to return shipping costs, indirect losses, consequential losses, or loss of profit.
Additional terms
We may transfer our rights and obligations under a contract to another person, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if Lovehoney agrees in writing. These Terms are agreed between you and us. No other person shall have any rights to enforce any of its Terms.
Each of the clauses within these Terms operates separately. If any court or relevant authority decides that any of the clauses are unlawful or unenforceable, then the remaining paragraphs will remain in full force and effect.
The failure or delay of Desire to exercise any right, power or remedy provided under these Terms or otherwise available in respect hereof at law or in equity shall not constitute a waiver by Desire of its right to exercise any such or other right, power or remedy or to demand such compliance, or you of your obligations under these Terms. In the event we do waive a default we will do so in writing on a case by case basis.
