Terms & Conditions

Terms and Conditions (“the Terms”)

Betty Sellers is the owner of The sexy Box, in Miami, Florida and The sexy shop in Hialeah, Florida and is the owner of  thesexybox.com

For the avoidance of doubt any reference to “us” “we” or “our” in these Terms refers to The Sexy Box and any reference to “you” or “your” refers to the customer as a purchaser of The Sexy Box products.

It is a condition of a user accessing and reading The Sexy Box website (“the Website(s)”) that  The Sexy Box 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 our Privacy Policy, Returns Policy and Delivery Policy) tells you information about The Sexy Box and the legal terms and conditions on which we sell any of the products listed on the Website.

These Terms will apply to any contract between us for the sale of products to yourself. Please read these Terms carefully and make sure that you understand them, before ordering any products from the Website. Before placing any order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any products from the Website.

We reserve the right to amend these Terms from time to time. Every time you wish to place an order you should check these Terms to ensure you understand the terms which will apply at that time.

 

Age of Consent

By placing an order on the Website, you declare that you are of the appropriate legal age to purchase the items. If we discover that you are not of legal age to order certain goods, we reserve the right to cancel your order.

 

Contract Formation

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 The Sexy Box accepts the Order by sending you a confirmation email that your order has been dispatched will a contract have been created between yourself and The Sexy Box.

 

Cancellation

If you are an EU or UK consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations of 2000 to cancel your order within fourteen (14) working days following receipt of the goods or the date on which we begun the provision of services.

Refunds for orders cancelled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights.

Regional returns policies will apply, please see our Returns Policy for more information.

 

Email Marketing

Information relating to The Sexy Box email marketing sent to customers can be found in our Privacy Policy.

 

Privacy

Our Privacy Policy explains how we collect, use and store your personal information, including who we may share it with; 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.

We also use cookies or similar technologies to store certain types of information each time you use our site. You can find out more information about how we use cookies and other similar technologies in our Cookies Policy.

The Sexy Box takes data handling and processing very seriously, so that your information is held securely and used in a manner as authorised by yourself. As a minimum the relevant laws and regulations of your country shall apply to the way we handle and process your data.

 

Fraud Prevention

The Sexy Box takes fraud very seriously and we do everything in our power to prevent fraud from occurring. If false or inaccurate information is provided and fraud is identified, details will be passed on to fraud prevention agencies.

The Sexy Box has fraud prevention software services that we use in order to prevent fraudulent purchases and practices, these are in place to protect both the customer and The Sexy Box.

 

Copyright

Any material found within the pages of the Websites, including, but not limited to text or images are the property of The Sexy Box

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

The Sexy Box provides the Website on an 'as is' basis and does not warrant that the functions contained in and the material on the Website will be uninterrupted, or error or defect free, or that the Website or the server that makes it available are free of viruses or bugs. Further The Sexy Box does not represent the full functionality, accuracy, reliability of the materials on the Website.

In addition, The Sexy Box 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. This disclaimer does not affect your statutory rights in relation to the provision of goods .

Use of The Sexy Box

The Sexy Box will not be liable for any use of the Website (including any ordering of products) that results in:

losses that were not foreseeable to both parties when the contract was made;

losses that were not caused by any breach on the part of the supplier;

business losses and/or losses to non consumers.

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;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples; and

(e) defective products under the Consumer Protection Act 1987.

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.

 

US Sales Tax

In accordance with state and local law, your online purchase from The Sexy Box will be taxed using applicable sales tax or seller's use tax for your shipping address.

The amount of tax will be displayed during checkout once your billing or shipping address has been entered. The tax indicated is only an estimate and may change during the shopping session depending on a number of factors. However, you will have the opportunity to review the final price before the order is submitted.

The order confirmation page and email will reflect the final tax total.

 

Jurisdiction

These Terms are governed by the laws of the United States of America where the laws of Florida State shall apply.

 

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 that is caused by a force majeure event. A force majeure event which means any act or event beyond our reasonable control such as, but not limited to, strikes or industrial action by third parties (but not those caused by The Sexy Box own employees), civil commotion, riot, invasion, terrorist attacks, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster (“Event”).

If an Event takes place that affects the performance of our obligations under a contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event. Where the Event affects our delivery of products to you, we will arrange a new delivery date with you after the Event is over.

You may cancel a contract affected by an Event . To cancel please contact our customer services team. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.

 

Additional terms

We may transfer our rights and obligations under a contract to another organization, 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 The Sexy Box 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 The Sexy Box 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 The Sexy Box 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.