General Business Terms
A. GENERAL BUSINESS TERMS
1. SCOPE AND PROVIDER
1.1. Our following General Business Terms shall apply to all orders of goods, which are placed by consumers via the online shop of the company
EIS Inc., 110 WALL STREET, NEW YORK NY 10005, United States (hereinafter also "EIS").
1.2. Consumers within the meaning of the law and these General Business Terms are natural persons, with whom we enter into business relationships without being primarily attributable to a commercial or self-employed professional activity.
1.3. All deliveries and services that are provided by us under a contract, which was concluded via the online shop at: www.satisfyer.com, shall be exclusively carried out based on the following General Business Terms in their version that was valid at the time when the order was placed.
1.4. Some services and goods on the website may be subject to terms in addition to these General Business Terms. Such contractual agreements shall have precedence over these General Business Terms. Deviating, opposing or supplementary General Business Terms will not become part of the contract unless their validity is explicitly approved by EIS in our sole and absolute discretion.
1.5. The delivery territory are the following countries: Canada and the USA.
1.6. By using our website, you are: (i) representing that you have reached the legal age of majority in your jurisdiction of residence; (ii) indicating your acceptance of, and agreement to be legally bound by, all of the terms and conditions of these General Business Terms, as they govern your access to and use of the website and any services, products, materials, or information available on or through the website; and (iii) agreeing to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THESE GENERAL BUSINESS TERMS, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE WEBSITE. We suggest you print a copy of these General Business Terms for your records.
2. CONCLUSION OF CONTRACTS
2.1. When an order is sent via the website, the customer places a binding contractual offer with regard to the goods they have included in the order. We shall always only sell normal household quantities to the end customer for private use. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order.
2.2. We accept the order automatically through the shop system. The receipt of the order will be confirmed immediately in most cases. We would like to point out that the mostly automated confirmation of receipt of the order does not itself represent our acceptance of the order already, but should merely notify you that we have received the order and it is being processed.
We will, therefore, confirm the order separately, however reserve the right for the purpose of simplification and acceleration, to connect the acceptance with the confirmation of receipt so that the customer will, if applicable, receive both together.
2.3. Should the order confirmation sent by us feature typing or printing errors or should our price stipulation be based upon a transmission error or any other error, then we reserve the right to cancel the order and revoke our confirmation, provided we are able to prove our error towards the customer. Already made payments will be reimbursed immediately in this case.
2.4. All orders are subject to verification by the EIS at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to the EIS): (i) for the purposes of verifying the legitimacy of any order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of the terms and conditions of these General Business Terms. Without limiting the generality of any other section of these General Business Terms, the EIS reserves the right to limit or refuse any order you place with us. Further, we reserve the right to verify the validity of all orders and/or cancel any order if we find evidence of fraud, tampering and/or any other violation of the terms and conditions of these General Business Terms.
3. DELIVERY, RESERVATION OF THE SELF-DELIVERY AND RIGHT OF RETENTION
3.1. Once we have accepted an order, the delivery will be carried out with the shipping service provider such as Canada Post or other carrier we designate.
We would like to point out that we only deliver within the delivery territory defined in Subclause 1.5. and for organisational reasons a refund of the value added tax by us is not possible. Please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your order. In the event we are not able to ship to the shipping address you provide, we will notify you, your order will be cancelled, and you will receive a refund in respect of your order (unless you are able to provide an alternate eligible shipping address).
3.2. Should not all ordered products be in stock we shall be entitled to make partial deliveries at the costs of the customer insofar as this is deemed reasonable for the customer.
3.3. We explicitly reserve the right to cancel the contract if we should not be in the position to deliver the ordered product without this being our own fault as the supplier does not satisfy its contractual obligations for the product ordered by the customer. In such a case we will inform the customer immediately about the inability to deliver the goods and will reimburse any payments which have possibly been paid already to the customer immediately.
3.4. The estimated delivery time will be specified in your order; however, as we use a third party to deliver orders, it is possible that your order will arrive before or after the estimated delivery time. We will not be responsible for any delays in delivery which are beyond our control. Typically, an order will be delivered in 6 to 10 business days. Please allow additional 1-3 business days for delivery to remote areas. If there is a delay in the delivery owing to so-called force majeure, war, strike at suppliers of the EIS or also natural disasters, we reserve the right to subsequently carry out the delivery after the reason ceases to apply.
3.5. A right of retention can only be exercised by the customer if the existing counter-claim is based upon the same contractual relationship. If this is not the case, a right of retention on your part shall be deemed as excluded.
4. RESERVATION OF TITLE
The delivered goods shall remain our property until the full payment is made.
A pledge, assignment as collateral, processing or re-design is not permitted before the transfer of ownership without our explicit consent.
5. SHIPMENT AND PAYMENT
5.1. You will be responsible for all applicable taxes related to your order. Applicable taxes will be charged at the time you are billed. Taxes may depend on delivery location. Prices on the website are stated in Canadian dollars.
5.2. All previous prices and other details concerning goods will become invalid when the websites are updated. The version that is valid at the time when the order is placed shall respectively be decisive.
5.3. Any shipping costs will be disclosed to you prior to your placement of your order.
5.4. The payment of the goods ordered from our company will be carried out by credit card or by PayPal. We would like to point out that your credit card will be debited after our receipt of the order. We reserve the right, in our sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time.
5.6. In the event of a return debit, for which the customer is responsible, due to insufficient coverage of the stated bank account, owing to an objection to our debit or an inaccurate entry of the bank details the customer has, if applicable, to bear the costs of 5 CAD, which are incurred as a result of the payment transaction.
The customer has, of course, the possibility at all times to prove that the fees were lower in an individual case. The customer is then also only obliged to pay the lower amount.
5.7. In case of an unjustified refusal to accept the goods delivered by us we will charge the incurred costs, which are 20 CAD For remote areas the costs may arise up to 31 CAD. Our right to fulfilment of the purchase contract shall remain unaffected hereby. It is, of course, possible for the customer to prove at all times that the fees were lower in an individual case. The customer is then also only obliged to pay the lower amount.
The applicable statutory warranty provisions shall apply to purchases through the website. The warranty period will begin when the goods are handed over.
7. 15 YEAR WARRANTY
In addition to the warranties stipulated by applicable law we offer you a warranty for a total of 15 years according to the following provisions. The warranty period is 15 years and will begin with the expiry of the statutory warranty period. Excluded from the 15 year warranty period are condoms, lubricants, massage oil, charging cables, aphrodisiacs, suction cups, action products, and CDs. If you wish to refer to a warranty case towards us you must return the goods to us.
In this case you must first of all bear the shipping costs yourself. Should the incoming inspection on our part then determine a warranty case according to these provisions and we send you a replacement, we will refund you the postage costs for the most reasonable shipping method.
All product returns require a Return Merchandise Authorization, (RMA) number. In case of a return please send an E-Mail to our Customer Service (firstname.lastname@example.org) to receive a Returned Merchandise Authorization (RMA) number. All returns and exchanges must be pre-approved.
Returns without RMA can not be accepted.
Address for Returns (CA custemers):
1270 Leeds Ave Ottawa
ON K1B 3W3 Canada
Address for Returns (US custemers):
Argents Express Group Chicago IL (ORD)
c/o EIS Inc. / Satisfyer
1300 Kirk St.
Elk Grove Village IL 60007
Please enclose a copy of the original invoice with the complaint, as proof of the date of purchase. We request your understanding that we have to refuse a complaint if we were unable to determine if the product is still within the 15 year warranty period..
We can only finally calculate the warranty period based on this proof. The requirement to enclose the invoice will, of course, only relate to cases of the additional warranty granted by us.
The warranty comprises the warranted properties of the products as were stated in the service/article descriptions. Excluded from the warranty are in particular wear and tear, the full consumption of the goods or defects caused owing to circumstances that occurred owing to wrong use or owing to a conduct, which does not fall in our area of responsibility. If the replacement of the same model is no longer possible we are at liberty to supply you with a corresponding successor model in this case.
Therefore, in particular also damages or defects, which were caused by a use that is not in line with the service/article descriptions, an improper handling or storage and/or handling or storage that does not correspond with the intended use and/or result from the failure to comply with possible installation regulations will therefore not fall under the warranty of 15 years granted by us. We shall also exclude the warranty for the cases in which the defects were caused by the fact that the respective instructions for use have not been complied with.
We, moreover, reserve the right to first of all inspect the products sent by you for the pre-requisites for a warranty as standardised herein. We further politely point out to you that the warranty period itself will not be extended in the event of a warranty. We can, of course, not grant a new warranty period of 15 years once again in these cases. The residual warranty period for the product originally purchase from us will, however, also continue to exist.
8. CONDITIONS FOR THE REDEMPTION OF GIFT VOUCHERS
The following conditions shall apply to the redemption of gift vouchers (these are vouchers, which can be acquired as gift vouchers against payment of a charge):
- Gift vouchers can be redeemed for all or selected articles at EIS. However, further vouchers cannot be acquired by using these vouchers.
- Gift vouchers cannot be paid out in cash (except for in the province of Quebec when the balance is CAD $5 or less) and will not bear interest.
- Gift vouchers and their credits can only be redeemed before the completion of the order process. A subsequent offsetting is not possible.
- The purchase of a gift voucher can be cancelled if the goods voucher has not been redeemed yet. A gift voucher shall be deemed as redeemed if it was offset against an order in full or in part.
- If the value of the order exceeds the credit of the gift voucher the difference can be compensated for by using the available payment possibilities. Promotional campaign vouchers cannot be used for the purchase of gift vouchers.
- Several gift vouchers can be used with an order. Gift vouchers cannot be combined with promotional campaign vouchers.
- No liability will be assumed in case of loss, theft or illegibility, which was not caused by us in case of gift vouchers. In case of a typing error when entering the e-mail address we shall not assume any liability here either.
- The gift voucher is transferrable.
- The use of gift vouchers for public or commercial purposes is not permitted.
- The duplication, editing or manipulation of the gift vouchers is forbidden.
9. CONDITIONS FOR THE REDEMPTION OF PROMOTIONAL CAMPAIGN VOUCHERS
The following conditions shall apply to the redemption of promotional campaign vouchers (these are vouchers, which are issued within the scope of advertising campaigns and are valid for a period of time within the scope of the advertising campaigns):
- The voucher has a stipulated period of validity
- The voucher cannot be paid out in cash
- The minimum order value shown on the respective voucher will apply.
- The voucher code may not be published
- The voucher cannot be combined with other promotional campaign vouchers
- The voucher cannot be offset against shipping costs
- No liability is assumed for printing errors
- A possible credit will lapse
- The voucher cannot be used to acquire gift vouchers
- The voucher can only be redeemed once per order of goods
- Should the purchase value be higher than the value of the voucher then the difference must be settled through another payment method
10.1. To the extent permitted by applicable law, we shall only be responsible for our own wilful intent and gross negligence. Insofar as an attributable breach of duty is due to simple negligence and an essential contractual obligation (obligations, of which the fulfilment makes the proper execution of the contract possible at all, the breach of which jeopardises the achievement of the contractual purpose and on the compliance with which you as the customer rely as a rule) has been culpably breached, the liability for damages on our part is limited to the foreseeable damages, which typically occur in comparable cases. For the event that someone is killed, an injury to the health or the body we will be liable according to the applicable law.
10.2. The liability according to the provisions of the applicable law shall remain unaffected. Incidentally, the liability is excluded.
10.3. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPLICITLY PROVIDED HEREIN, THE WEBSITE IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE WEBSITE RESIDES WITH YOU. EIS EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EIS MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER, MOBILE OR OTHER DEVICE AND/OR SOFTWARE; (II) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION OR MATERIAL, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; (V) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON OR ENTITY; OR (VI) THE USE OF THE WEBSITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, SOFTWARE OR ELECTRONIC FILES.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE.
THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
ANY AND ALL INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD. YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH A WEBSITE IS SOLELY AT YOUR OWN RISK.
COMMENTS OR OPINIONS EXPRESSED ON THE WEBSITE ARE THOSE OF THEIR RESPECTIVE USERS ONLY. COMMENTS OR OPINIONS EXPRESSED ON THE WEBSITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF EIS. EIS IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY IN RELATION TO, ANY AND ALL USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE WEBSITE.
EIS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO, DIRECTLY OR INDIRECTLY, THE WEBSITE. YOU EXPRESSLY ACKNOWLEDGE THAT EIS HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES ITS WEBSITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EIS. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
11. FINAL PROVISIONS
11.1. Except where prohibited for Quebec residents, the law of the province of Ontario, Canada and the federal laws of Canada applicable therein, shall apply to the conclusion and the processing of all contracts. However, this will only apply with you as a consumer to the extent that the granted protection by mandatory provisions of the law of the state/province, in which you have your customary place of abode, is not revoked.
11.2. The provisions of the UN Convention on Contracts for the Sale of Goods will explicitly not apply.
11.3. Should one or several regulations of these General Business Terms be invalid this shall not result in the invalidity of the entire contract. The invalid regulation will be replaced by the applicable statutory regulation.
If you breach any provision of this agreement (as determined by EIS in its sole and absolute discretion), then you may no longer use our Website. We may, in our sole and absolute discretion, change, suspend or terminate, temporarily or permanently, a website or any component of a website or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this agreement or your permission to use a website is terminated by us for any reason, the agreement formed by your acceptance of this agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of our website and anything relating to or arising from such use. If you are dissatisfied with a website or any component of a website, then your sole and exclusive remedy is to discontinue using our website.
12. CONTACT US
If you have any questions, please contact us preferably by E-Mail:
110 WALL STREET
NEW YORK NY 10005
Phone: +49 800-4450000
Fax: +49 800-4460000