ABMM Ltd – Website Sales Terms and Conditions
These Terms and Conditions are the standard terms and conditions that apply to the sale of Goods by us, ABMM Ltd, a company registered in England and Wales under number 08439448, whose registered address is 1487 Melton Road Unit 3 Suite 18, Queniborough, United Kingdom, LE7 3FP (“we/us/our”)
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Consumer” is as defined in the Consumer Rights Act 2015;
“Contract” means the contract for the purchase and sale of the Goods, as explained in clause 3;
“Customer” means you, the individual placing an Order with us;
“Goods” means the adult products and accessories which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);
“Order” means your order for the Goods;
“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 3; and
“Website” means xx
1.2 Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as email.
2. Access to and Use of Our Website
2.1 Access to our Website is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our Website.
2.2 Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.
2.4 By purchasing Goods from our Website you declare that you are 18 years of age or above and have the legal right to possess adult products.
3. The Contract
3.1 These Terms and Conditions govern the sale of all Goods by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, our Website will guide you through the ordering process.
3.2 Our Website will give you the opportunity to either checkout as a guest, register or login if already registered.
3.3 Before submitting your Order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it, ticking the box to say ‘I have read and understood the terms & conditions’ and making payment. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
3.4 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept.
3.5 We then send an Order confirmation to you by email; this is NOT contractual acceptance of our ability to provide this product, it is an acknowledgement that we have received your offer, and should the Goods be available as detailed on our Website then you have entered into a legally binding agreement to purchase the Goods.
3.6 Once we have received confirmation that the Goods are available and payment has been authorised, we will contact you via email to let you know that your order has been processed for delivery.
3.7 Our acceptance is indicated by us sending you a Delivery Confirmation by email. Only once we have sent you a Delivery Confirmation will there be a legally binding Contract between you and us. Delivery Confirmations will be provided in writing and will contain the following information:
3.7.1 Confirmation of the Goods ordered with fully itemised pricing including, where appropriate, taxes, delivery (where applicable) and other additional charges;
3.7.2 An Order number to be used in any future correspondence
3.7.3 Our identity and contact details;
3.7.4 The estimated delivery date(s) and time(s), where applicable.
3.8 It is your responsibility to provide the correct email address and telephone number, upon placing an order. We cannot take responsibility for the non-delivery of a confirmation or dispatch email should you email address be incorrect.
3.9 If we, for any reason, do not accept or cannot fulfil your Order, If we have taken payment, any such sums will be refunded to you as soon as possible (in any event, within 14 days).
3.10 Once your Order has been accepted as detailed in clause 3.5, it is your responsibility to notify us of any incorrectly entered order details during checkout.
4. Description and Specification of Goods
4.1 We have made every reasonable effort to ensure that the Goods conform to the photographs and descriptions provided in our sales and marketing literature and on our Website. We cannot, however, guarantee that all photographs and descriptions will be precisely accurate. Please note in particular, certain colours may look different to the actual colour of the Goods, when displayed on your computer, phone or tablet.
4.2 Where Goods are made to order, there may be some slight imperfections. These imperfections do not mean the Goods are faulty but is what makes them unique as they have been handmade by us.
4.3 The sizes shown on the Website are approximate only and may vary slightly.
4.4 We provide a sizing guide on our Website for clothing items. Please note that some items are unisex and so may vary in size – please refer to clause 10 if you wish to return such items to us.
4.5 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
5. Price and Payment
5.1 The price of the Goods will be that shown on our Website at the time of your Order. Our prices may change at any time, but these changes will not affect any Orders that we have already accepted.
5.2 All Goods are priced in pounds sterling (£GDP) and exclude delivery charges which will be applied at checkout before you complete your order.
5.3 We have made every reasonable effort to ensure that our prices, as shown in our current sales and marketing literature and on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in our sales and marketing literature or on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
5.4 If there is an obvious pricing error on our Website, we will be under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
5.5 All prices include VAT, where applicable. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
5.6 Delivery charges are not included in the price of the Goods on our Website. Delivery options and any related charges will be presented to you as part of the Order process, where applicable. Payment for the Goods and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process.
5.7 From time to time we may send promotional codes to our customers via email. These promotional codes may be subject to certain conditions of use and/or restrictions (including specific dates between which they may be applied), which will be specified at the time of issue.
5.8 Promotional codes have no monetary value and must not be sold or transferred to anyone else.
5.9 Promotional codes cannot be used in conjunction with any other offer and are for personal use and not for trade.
5.10 All payments made via the Website will go through a secure payment gateway. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to third parties’ terms and conditions. A separate contractual relationship is created between you and them and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them.
5.11 Payment for the Goods (and all applicable delivery charges) shall be made by you in advance at the time of Order.
5.12 We do not accept liability if delivery of Goods is delayed because you have provided us with incorrect payment details.
5.13 If it is not possible to obtain payment for the Goods using the payment details you have provide, your order will be rejected.
6. Gift Cards
6.1 Gift Cards can be purchased via our Website. It is your responsibility to gain the required consent to pass on the recipient details for the gift card code.
6.2 Gift Cards are non-refundable except in accordance with clause 10 and not redeemable for cash.
6.3 We cannot accept responsibility for unauthorised use of gift cards.
6.4 Gift card codes are valid for 12 months from the date of issue.
7. Lifetime Guarantee
7.1 Some of our Goods including the silicone sex toys come with a lifetime guarantee.
7.2 We guarantee that, with the exception of normal wear and tear, these handmade Goods will be free from any and all defects for a lifetime. If any defects appear due to no fault of yours as per our guarantee during this period, we will rectify any and all such defects at no cost to you.
7.3 For the guarantee to apply, the following conditions must be met;
7.3.1 The Goods were only used as per our instructions;
7.3.2 The Goods have not been customised or modified in any way;
7.3.3 The Goods have been treated with care and cleaned properly after each intimate use;
8.1 All Goods purchased through our Website will normally be despatched within 1 working day after the date of our Delivery Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control – see clause 12).
8.2 Orders placed by UK customers shall be required to sign for the order. Should your Order not arrive by the estimated delivery date, you should contact us in writing as soon as possible so we can investigate.
8.3 It is your responsibility to provide us with full and correct delivery address details. If your package is returned to us due to an incorrect or incomplete address, you will be charged the full delivery cost to re-deliver your order to a corrected address
8.4 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted left in a safe place nominated by you, DHL will leave a delivery note explaining how to rearrange delivery or where to collect the Goods.
8.5 We will attempt to deliver the Goods 3 times and if you do not collect the Goods or rearrange delivery within the time frame stipulated, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of the initial delivery cost. Any reasonable additional costs that we incur in recovering the Goods or having the Goods returned to us will also be chargeable by you and will come off any amount due to you.
8.6 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods.
8.7 The responsibility (sometimes referred to as the “risk”) for the Goods remains with us until delivery is complete as defined in clause 6.9, at which point it will pass to you. You own the Goods only once we have received payment in full of all sums due (including any applicable delivery charges).
9. International Delivery
9.1 If you order any Goods from our website for international delivery and we have agreed, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.
9.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before ordering any Goods from us.
9.3 you must comply with all applicable laws and regulations of the country that the Goods are being delivered to. We will not be liable or responsible if you break any such law
10. Faulty, Damaged or Incorrect Goods
10.1 By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, take a photograph of the Goods, describe the faults and send to customer-servi[email protected] and arrange for the following remedy/remedies:
10.1.1 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above. In this case you must return the Goods as you found them, and we will reimburse delivery costs should we agree to be at fault.
10.1.2 If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a replacement. We will bear any associated costs and will provide the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a replacement during the 30 calendar day rejection period, that period will be suspended while we provide the replacement and will resume on the day that you receive the replacement Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
10.1.3 If, after replacement, the Goods still do not conform (or if we have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
10.2 Please note that you will not be eligible to claim under this clause 8 if we informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); such as with the mystery boxes, if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to us under this clause 8 merely because you have changed your mind. If you are a Consumer in the European Union you have a legal right to a 14 calendar day cooling-off period within which you can return Goods for this reason. Please refer to clause 9 for more details.
10.3 To return Goods to us for any reason under this clause 8, please contact us to arrange for the return. We will be fully responsible for the costs of returning Goods under this clause 8 and will reimburse you where appropriate.
10.4 Where possible, when requested please return the faulty Goods with all batteries and accessories. Please thoroughly clean all returned faulty products where these have been used intimately.
10.5 Refunds under this clause 8 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
10.6 Any and all refunds issued under this clause 8 will include all delivery costs paid by you when the Goods were originally purchased and will be made using the same payment method that you used when ordering the Goods, unless you specifically request that we make a refund using a different method.
11. Cancelling and Returning Goods if You Change Your Mind
11.1 If you are a Consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed. You may also cancel for any reason before we send the Order Confirmation.
11.2 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
11.3 If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
11.4 If you wish to exercise your right to cancel under this clause 9, you must inform us of your decision within the cooling-off period. You may do so in any way you wish. Cancellation by email is effective from the date on which you send us your message. Please note that the cooling-off period lasts for 14 whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact us directly to cancel, please use the contact form available on our Website.
11.5 Please note that you may lose your legal right to cancel under this clause 9 if:
11.5.1 the Goods are sealed for hygiene reasons and you have unsealed those Goods after receiving them
11.5.2 the Goods have been personalised or custom-made for you; or
11.5.3 due to the nature of the Goods cannot be returned.
11.6 Please ensure that you return Goods to us no more than 14 calendar days after the day on which you informed us of your wish to cancel under this clause 9.
11.7 You may return Goods to us by post or another suitable delivery service of your choice. Returns should be sent to:
ABMM Ltd/GODEMICHE Returns
11.8 Please note that you must bear the costs of returning Goods to us if cancelling under this clause 9 and we recommend you return by using a tracked delivery service.
11.9 Refunds under this clause 11 will be issued to you within 14 calendar days from:
11.9.1 the day on which we receive the Goods back; or
11.9.2 if we have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform us that you wish to cancel the Contract.
11.10 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop).
11.11 Refunds under this clause 11 will be made using the same payment method that you used when ordering the Goods.
12. Cancellations by Us
12.1 We may cancel your Order at any time before we despatch the Goods to you, if the Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued); or If an event outside of our control occurs (please see clause 12 for events outside of our control).
12.2 If we cancel your Order and you have already paid for the Goods under clause 5, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.
13. Our Liability
13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.1.1 We shall be under no liability in respect of any defect of the Goods arising from fair wear and tear, or any obvious intentional damage, negligence, not using the Goods correctly or subjecting the Goods to improper conditions, failing to follow our instructions (whether given orally or in writing), misuse, or attempting repair or alteration of the Goods without our prior approval.
13.1.2 our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the price paid for the Goods;
13.2 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees or sub-contractors); or for fraud or fraudulent misrepresentation.
13.3 Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information on your rights as a Consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
14. Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: failure of any sub-contractor, power failure, internet service provider failure, industrial action, infectious diseases, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.
15. Communication, Complaints and Feedback
15.1 If you wish to contact us in writing, please use the contact form on our Website or email [email protected]
15.2 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you wish to complain about any aspect of your dealings with us, please contact us in writing so we can investigate.
16. How We Use Your Personal Information (Data Protection)
16.1 All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
16.2 We may use your personal information to provide our Goods and services to you, process your payment for the Goods, send our newsletter to you; and/or inform you of new Goods available from us. You may request that we stop sending you this information at any time. We will not pass on your personal information to any third parties without first obtaining your express permission.
17.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
17.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.
18. Third Party Rights
18.1 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
19.1 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms & Conditions and the remainder will be valid and enforceable.
20.1 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
21. Governing Law and Jurisdiction: These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the non-exclusive jurisdiction of the courts of England and Wales.