Terms and Conditions of Website Use for Sellers and Buyers

Terms and Conditions last updated on July 27th 2020

These Terms and Conditions ("Terms", "Terms and Conditions") govern your interaction and relationship with the Sexy Delights website (the "Service") operated by LJMM Ltd trading as Sexy Delights, hereafter referred to as "us", "we", or "our" and represents a legal document that serves as our Terms of Use and it governs the legal terms of our website, https://www.sexy-delights.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by us.

Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

Your Use of our Website
You may only our Website for lawful purposes when accessing, selling or buying product information. You must not under any circumstances seek to undermine the security of the Website or any information submitted to or available on it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Website or attempt to decipher, disassemble or modify any of the software, coding or information on the Website.

These terms and the other policies posted on Sexy Delights constitute the entire agreement between Sexy Delights and you as the seller, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. We reserve the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancelling your user account (buyer or seller), reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Information on our Website
Whilst we make every effort to ensure that the information on this site is accurate and complete, we do not accept any liability arising from any inaccuracy or omission in any of the information on our Website or any liability in respect of information on our Website supplied by you, any other site user or any other person.

Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Sexy Delights and its licensors or agents. The Service is protected by copyright, trademark, and other laws of both the United Kingdom. Our trademarks and brand may not be used in connection with any product or service without the prior written consent of Sexy Delights.

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner.

No part of our website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

Your use of our Website does not grant you ownership rights of any kind in our Website.

Links To Other Web Sites
Our Website contains links to external Websites run by other organisations. This privacy policy applies only to our Website not those external Websites that we link to, who will have their own privacy policies. We are not responsible for these external Websites and their privacy policies and practices. In addition, if you linked to our Website from an external site, we cannot be responsible for the privacy policies and practices of the owners and operators of that external Website and recommend that you check the privacy policy of that external site.

Data Stored within UK and Europe (EU)
Our data is held on servers located in UK and Europe (EU) where data protection legislation is governed by UK and European (EU) laws and regulations. (GDPR and the UK Data Protection Act 2018).

Interruptions and Omissions in Service
Every effort is made to ensure that our Website is accurate, secure and accessible at all times. However, Web and Internet connections can fail from time-to-time which is beyond our control. Although rare, service breaks are typically temporary amounting to as little as a matter of minutes in some cases. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate this Website (or any particular part of it) or to provide the service offered on this Website. We may vary the specification of this site from time to time without notice.

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Selling on Sexy Delights
You must agree that you are legally over the age of 18 to sell on Sexy Delights.

You are solely responsible for all information that you sell on Sexy Delights and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the terms as set out within this document. We also reserve the right at our discretion to restrict a user's usage of Sexy Delights either temporarily or permanently, or refuse or cancel a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Sexy Delights, we may, at our discretion, permanently and immediately cancel your user account.

As a condition of selling on Sexy Delights and the use of Sexy Delights as an agent for selling, you agree that you will not

• list a suspicious item;
• violate any laws;
• violate the Policies;
• act in an aggressive manner in any way;
• post any threatening, abusive, defamatory, obscene or indecent material;
• post or otherwise communicate any false or misleading material or message of any kind;
  infringe any third-party right;
• distribute spam, chain letters, or promote pyramid schemes;
• distribute viruses or any other technologies that may harm Sexy Delights or the interests or property of our users;
• impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of the Sexy Delights website;
• copy, modify, or distribute any other person's content without their consent;
• use any robot spider, scraper or other automated means to access Sexy Delights and collect content for any purpose without our express written permission;
• use any tool that interferes with the normal functioning of Sexy Delights, including, without limitation, browser plug-ins, extensions, or other software which are designed to supplement, remove or otherwise change or alter any of Sexy Delights’ functionalities;
• or otherwise infringe the copyright, trademark or other rights of third parties.

Buyers and Purchasing on Sexy Delights
If you wish to purchase any product or service made available through the Service ("Purchase"), you will be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

Returns and Refunds
Sexy Delights provide the sale of second-hand, worn and used clothing, garments and underwear, therefore the policy is that as a private seller is selling to you, the buyer, the contract is between the seller and buyer. If you purchase an item which has not been given explicit "no return" status on the Sexy Delights website you have the right to return a faulty item by law, however the nature of the products preclude this and if you find that an item listed is different than the item you recieved you may be eligible for a partial refund if there is:

• photographic evidence provided of the item sold;
• you return it within 7 days of recieving the item;
• there is no sign of further wear or tear on the item;

You may ask Sexy Delights to intervene should you encounter anything untoward regarding the item purchased whereupon an internal investigation will be undertaken, should it be deemed necessary. If, following investigation, Sexy Delights establish that the item was mis-sold you will be eligible for a full or partial refund, depending on the condition of the item.

This does not affect your statutory rights, and Sexy Delights aims to make both sellers and buyers use our website in an appropriate and effective manner.

Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account from within your user profile.

Limitation Of Liability
In no event shall Sexy Delights, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

General Terms
Our Legal Terms shall be treated as though it were executed and performed in United Kingdom and shall be governed by and construed in accordance with the laws of United Kingdom without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Kinkie under our Legal Terms shall survive the termination of our Legal Terms.

Governing Law
Any dispute or claim concerning or arising from this Website shall be determined in accordance with the law of Scotland, and the courts of Scotland shall have exclusive jurisdiction in determining such disputes or claims.