Terms and Conditions

Last Updated on: 04.2024

1. Scope of application

The following general terms and conditions govern the legal relationship between Kink-Cartel s.r.o. and the customer ordering goods in our online Internet shops (hereinafter referred to as the “”buyer””). The terms and conditions of Kink-Cartel s.r.o. apply solely. Any other terms and conditions of the buyer are void and not effective in any way.
Consumers within the meaning of the following provisions are natural persons who conclude a legal transaction for a purpose that cannot be classified as their commercial or independent professional activity. All offers made by us are subject to these terms and conditions. In order to use our website and make purchases in our online shop, you must have full legal capacity and be at least 18 years old. You confirm this wordlessly and unconditionally by using our website and by agreeing to our terms and conditions when placing an order.

 

2. Offers and prices

The list prices valid on the date of the order shall be binding for pricing. All prices are inclusive of VAT and exclusive of packaging and shipping costs. Kink-Cartel s.r.o. reserves the right to change prices.

Using vouchers in violation of their conditions
If you use a discount voucher or similar voucher without authorisation and in violation of its conditions, the seller may declare the contract invalid on the basis of the conditions described below. Unauthorised use may concern the following:
1. use of the voucher for goods for which it is not intended;
2. the voucher has been used for a purchase that does not correspond to the minimum price; or;
3. if the seller discovers that the discount voucher has already been used.

Unless otherwise specified by the seller, it is not possible to combine individual vouchers. The conditions for marketing campaigns are regulated in the event-specific conditions.

3. Conclusion of contract

The information on our website merely represents product and price information. After reviewing your shopping cart, entering your personal data and selecting the shipping and payment method, you place a binding order with the seller (Kink-Cartel s.r.o.) by clicking the “Buy” button. The binding purchase contract is concluded with the receiving of the order confirmation to the e-mail you have chosen, in which the processing of your order is confirmed. Unfortunately, the information on the invoice cannot be changed after the order has been placed.

4. Payment

The payment options offered by us at any time are communicated in the footer of our website. If you do not receive any goods, please contact us by e-mail. We will immediately check the dispatch of your goods and make a replacement delivery if necessary. Therefore, please do not make an immediate cancellation of the direct debit, as this may result in unnecessary bank charges. If for any reason you subsequently request a refund of the purchase price of the goods, this price can only be refunded in the currency and for the amount stated on the invoice for these goods.”

4.1 Chargeback fee

In the event of a chargeback, due to a cancellation of the purchase initiated by a customer against a transaction with Kink-Cartel s.r.o., a chargeback fee of €15.00 will be charged. This fee is incurred due to the administrative costs incurred by Kink-Cartel s.r.o. in processing chargebacks. This corresponds to the costs that are also invoiced to Kink-Cartel s.r.o. due to the customer’s chargeback.

5. Delivery

“Deliveries are made by post or parcel service. The ordered goods are delivered in solid, neutral packaging with a discreet return address. As a rule, products that are in stock are dispatched within 48 hours on working days. We reserve the right to withdraw from the contract in the event that the delivery is not made, not made on time or not made correctly because we ourselves were not supplied on time and/or not supplied correctly and are not responsible for the lack of availability of the goods.

The goods are dispatched using the shipping service provider we offer, which you select during the ordering process.

At the request of the buyer, orders will be dispatched with a tracking link. To track your order, please use the services offered by the shipping service provider you have chosen.”

6. Retention of title

The delivered goods remain our property until they have been paid for in full.

7. Transfer of risk

If you are a consumer (private buyer), the risk of accidental loss and accidental deterioration of the goods sold during dispatch shall only pass to you when the goods are handed over to you, irrespective of whether the dispatch is insured or uninsured. If you are not a consumer (commercial buyer), delivery and dispatch shall be at your risk.

8. Right of cancellation

The right of cancellation applies exclusively to natural persons who enter into a business relationship with us that is not related to their business or self-employment. As a customer, you have the right to cancel this contract within fourteen days of receiving the order confirmation without giving any reason.
To exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration by e-mail. You can also use the attached sample cancellation form, but this is not obligatory. 

The cancellation must be sent in English to the email address below, stating “”Cancellation: Your order number”” in the subject line.

Email: [email protected]

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

8.1 Conditions and consequences of cancellation

If you cancel the contract, we will refund the order amount under the following conditions:
If you cancel your contract before we have sent you the dispatch confirmation, we will refund you the full order amount.
If you cancel your contract after dispatch or receipt of the dispatch confirmation, we will only refund you the product costs, as the costs for packaging and dispatch have already been incurred.
If you cancel your contract, according to the tracking link of the shipping service provider, after receiving the goods, we will refund you the cost of the product (product price) after we have received the product back from you in the undamaged and unopened original packaging.

The cancellation of contracts whose products have already been opened or used is not permitted.

In the event of cancellation due to goods that have already arrived defective, we will refund the full order amount.
For this refund, we will use the same payment method that you used for the original transaction. In the event of a return or cancellation by the consumer, the consumer is responsible for the costs of the return shipment. We may refuse the refund until we have received the goods back and verified their conformity.

You must return the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. If gifts were enclosed with the consignment, you are obliged to send us the gifts together with the goods in the event of cancellation of the contract within fourteen days.

Our warehouse will not accept COD (cash on delivery) shipments.

8.2 Exclusion of the right of cancellation

The right of cancellation does not apply to used goods, opened goods, distance selling contracts for deliveries of sealed goods which are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery, and for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature, and for deliveries of sound or video recordings or computer software.

8.3 Cancellation of the contract by the seller

We reserve the right to cancel the contract, in particular in the event of: incorrect pricing of the goods, if the price is obviously unreasonable, or if the products have been ordered or purchased by a person under the age of 18. In such cases, the seller may cancel the order and notify the buyer in writing by e-mail that it is cancelling the contract. If the purchase price of the goods has already been paid, the buyer will be refunded the purchase price within 14 days of cancellation of the contract by the seller by the same payment method.

9. Warranty / Return / Complaint / Exchange

Despite all care, damage may occur during transport. In this case, we will of course refund the damaged items free of charge. If you wish to return goods, please inform us in advance by e-mail. Please note that the right of cancellation cannot be exercised in the cases mentioned in Article 8.2.

Obvious defects must be documented and reported immediately upon receiving the consignment.

Kink-Cartel s.r.o. shall be liable for hidden defects for a period of two years; the limitation period for these defects shall commence upon delivery of the goods. Warranty claims are initially limited to rectification in the form of replacement of the goods. If the rectification of defects fails, the customer may choose between a reduction in the purchase price or cancellation of the purchase contract. Minor deviations in quality that are common in the industry and technically unavoidable, as well as defects that are attributable to improper handling, shall not justify any claims for damages.

Kink-Cartel s.r.o. does not guarantee the merchantability or suitability of the goods offered for a specific purpose.

Damage and reimbursement claims of the customer are excluded, regardless of the legal basis, in particular due to the breach of duties arising from the contractual obligation and from unauthorised action.

Sex toys, lubricants, condoms and underwear cannot be exchanged for hygienic reasons. All other products must be returned in their original packaging, unopened and undamaged.

10. Data protection

Kink-Cartel s.r.o. is obliged to treat the customer’s personal data as strictly confidential in accordance with the Data Protection Act.
Further information can be found in our privacy policy.

As a buyer, you are obliged to protect your access data to the customer account (especially passwords) and not to disclose them to third parties. Kink-Cartel s.r.o. is not liable for the misuse of your login or password by other persons. Furthermore, you may not use the account, user name or password of another customer.

11. Disclaimer for external links
The seller refers on his pages with links to other pages on the Internet. The following applies to all these links: The seller expressly declares that he has no influence on the design and content of the linked pages. Therefore, the seller hereby explicitly distances himself from all contents of all linked third-party sites and does not adopt these contents as his own. This declaration applies to all links displayed and to all content of the pages to which links lead.

12. Applicable law/agreement on written form

These terms and conditions and all legal relations between Kink-Cartel s.r.o. and the buyer shall be governed by the law applicable at the sellers location of its registered office, excluding the UN Convention on Contracts for the International Sale of Goods. The place of fulfilment for all services arising from the business relationship with the seller and the place of jurisdiction is the registered office of Kink-Cartel s.r.o. All ancillary arrangements or amendments at the conclusion of the contract shall be in writing.

13. Severability clause

The invalidity or unenforceability of individual contractual provisions shall not affect the validity of the remaining provisions. An invalid or unenforceable provision shall be replaced by the statutory provisions.

14. Warning

The seller expressly points out that all goods supplied may only be used as intended and that any special instructions for use provided in the instruction leaflet must be followed in order avoid any life and health risks. Any unauthorised changes to the goods or the improper or inappropriate use of the goods can lead to an increased life or health danger.

The seller’s products may only be used and utilised with the consent of the persons using them and not against the will of any person.

The passing on of any items supplied by the seller to minors is not permitted. All items have been thoroughly checked for safety aspects, but use of the products is at the user’s own risk. In particular, the seller accepts no responsibility for physical injury, health damage or other damage of any kind caused by improper use.

15. Language versions

Only the version in English is considered to be the legally binding version. The other language versions are for information purposes only.