Terms and conditions
It is a term and condition of a reader accessing and reading the Simply Sexual website, which is the trading name of D M Holdings, that Simply Sexual provides the material published on the basis that it disclaims all warranties in respect of the same whether express or implied. Your statutory rights as a consumer are not affected.
Age of Consent
By placing an order with Simply Sexual, you declare that you are of the appropriate legal age to purchase the items. If we discover that you are not legally entitled to order certain goods, we will not be obliged to complete the order.
Contract Formation
All orders made by you through the Simply Sexual 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.
For the avoidance of doubt, no contract will exist between you and Simply Sexual for the sale by Simply Sexual to you of any product unless and until Simply Sexual sends you an e-mail confirming that it has dispatched your product.
Data Protection
Simply Sexual is compliant with the Data Protection Act. We will not pass on your details to any third party without your prior consent.
Copyright
Any material found within the pages of Simply Sexual, including text or images 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. In addition, the material cannot be used for any other purpose other than for your own personal and non-commercial use.
Disclaimer
Simply Sexual makes no (and disclaims all) representations or warranties of any kind, express of implied, with respect to the Simply Sexual site or the information or content included in this site.
This does not affect your statutory rights in relation to the goods and their fitness for purpose and satisfactory quality.
Use of the Simply Sexual website
In connection with the use of the Simply Sexual website, in no event will Simply Sexual be liable:
- for losses that were not foreseeable to both parties when the contract was made
- for losses that were not caused by any breach on the part of the supplier
- for business losses and/or losses to non consumers
You agree to use this site 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 this site.
External websites
Simply Sexual is not responsible for the content of external websites linked from its website.
Jurisdiction
These Terms and Conditions are governed by the laws of England and Wales. Simply Sexual reserves the right to amend these terms and conditions from time to time.
Payment and Delivery
Payment can be made by credit/debit card via our website. Your credit card or debit card will be billed through Protex Ltd or PayPal and the payment will appear as DM Holdings.
We will deliver to the address given to us by you at the time you place your order. We aim to despatch all orders within 1 to 3 days. However as with all mail order companies, please allow a little longer for Royal Mail to deliver your order. Therefore please allow 28 days for delivery.
Simply Sexual reserve the right to refuse to deliver to any address other than the billing address, however in the majority of cases we will deliver to the delivery address the customer has requested.
If an incorrect or incomplete delivery address is given, for example the wrong postcode, we will send the order to the billing address as given to our payment services provider.
All claims for shortages and damages must be reported to our customer service department within 7 days of receiving the goods. This does not affect your statutory rights as a consumer.
Orders are despatched Monday to Friday.
Availability of goods you order
If we are unable to provide you with the goods you have ordered, you will be contacted as soon as possible at which point you will be offered the choice of accepting substitute goods of equivalent value or a complete refund of any sums that you have paid.
Cancellation and Return
Simply Sexual are dedicated to delighting you with your lingerie or sex toy purchase and the service we offer. However, due to the nature of the products we sell we only accept returns on items that are faulty, which of course we will be happy to exchange. For intimate clothing we reserve the right to refuse the return of clothing if it appears it has been tried on next to the skin. We will obviously exchange goods where the incorrect size has been purchased.
Simply Sexual reserve the right not to refund our standard shipping charge if items are returned for refund.
Please remember that you have a duty of care with any goods that are in your possession which you intend to return. We therefore recommend that you ensure all returns are made with the original packaging to insure that the product is not damaged. If an item is returned for exchange (i.e. a different size) any tags should be left on the item. Failure of this may result in an excess charge being made to cover the repackaging costs and any loss in value of the item.
Please visually check all latex garments, to ensure that they approximate to your size before trying them on, as if they are too small they may split and the garment then becomes non-refundable.
Should you choose to return an item to us we recommend that you send it Recorded Delivery to ensure its safe return. Please include an explanation for the return of the items in the package to limit any delay.
Delivery
Simply Sexual aim to despatch all orders within 1 to 3 days. However as with all mail order companies, please allow a little longer for Royal Mail to deliver your order. Therefore please allow 28 days for the delivery of your order. If we are not able to do so, then we will inform you and you may, if you wish, cancel the contract and we will fully reimburse you.
We will not be under any liability to you for any delay or failure to deliver if the same is wholly or partly caused directly or indirectly by circumstances beyond our reasonable control.
We strongly suggest that, upon receipt, you inspect the goods and advise us if the delivered goods are not what you ordered or are faulty.
We will not be liable under our agreement with you for any loss or damage caused by us or our employees or agents in circumstances where i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; ii) such loss or damage is not a reasonably foreseeable result of any such breach; iii) any increase in loss or damage results from breach by you of any of these Terms.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
As a consumer, you have certain rights by law regarding the return of defective goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. These terms and conditions shall not affect those rights.