General Condition

Chupalips.com is an online retailer platform conceived and managed by PLASTIC JUMER srls, an Italian company with legal office in Via G. L. Lagrange 16 - 00197 Roma | VAT number 14107281009.

Chupalips.com aims to offer both Third Party Seller and to the final consumer the best service and experience while shopping online sex toys. The Platform allows the suppliers and the customers to exchange products or service independently under the conditions and terms set out in the Conditions of Sale applicable. As platform managers, we are not responsible for products offered for sale by third-party vendors. We can't control every single product offered for sale, but we invite buyers and sellers to report any problem regarding the item offered for sale by writing an email to info@chupalips.com.
The function of the chupalips.com site is to offer web space and advertising space for the sale of sex toys. Each product on the site has the relative health and European certification according to the laws in force.

The applicable Sales Conditions are those in force on the date of transmission of the order.

Application of these Terms

These Terms shall apply to all deliveries of goods and/or services by chupalips.com to the customer, as well as to all agreements pertaining thereto and all activities relating thereto, both of a preparatory nature, like offers, confirmations of order and deliveries.

The application of any standard or specific terms or conditions of the customer is explicitly rejected by chupalips.com.

Divergent terms shall exclusively apply if and in so far as this has been confirmed and approved in writing by chupalips.com and shall only apply to the relevant agreements. If any provision of these Standard Terms is not valid for whatever reason, the parties shall negotiate on the contents of a new provision that shall approximate the contents of the original provision as closely as possible.

Chupalips.com reserves the right to modify these Standard Terms at any time. The modified Terms shall apply from the moment chupalips.com has informed the customer of the modification in writing, provided always that with regard to the existing agreements with the customer the Terms that were in force on the day the agreements were made, shall remain applicable.

Partial nullity

In the event that any of the provisions of these Terms and Conditions of Sale is adjudged to be null and void, the validity of the terms and conditions as a whole shall not be affected by such circumstance, and the other terms and conditions shall remain in effect and not be affected by the judgment rendering the provision in question null and void.

The term or condition rendered null and void by law shall be replaced by a new provision, or be interpreted in a statutorily acceptable manner that approximates, insofar as possible, the condition that chupalips.com would have formalized had it been aware that the condition in question was not effective.

Relationship

Chupalips.com and the customer are not bound by an ordinary or special employment relationship and their relationship is limited to that established in this sale and purchase agreement.

The customer shall not be entitled to be reimbursed for the expenses incurred in the pursuit of its professional activities as a result of performing the established contractual relationship.

Offers

All offers or (price) quotations made or given by or on behalf of chupalips.com are without engagement and shall only be regarded as an invitation for placing an order.

An agreement shall only come into effect if and in so far as chupalips.com has knowledge of the customer’s order and given its acceptance, and shall be perfected as from the date on which order confirmation is issued and sent to the customer.

If an order confirmation from chupalips.com differs from an order given by the customer, the agreement shall be concluded in accordance with the order confirmation, unless the customer rejects the order confirmation in writing within 4 (four) hours of receipt. After such time period, chupalips.com order confirmation shall be deemed to be accepted by the customer.

All statements by chupalips.com of prices, numbers, measures, weights and / or other specifications of products are made carefully, but are not binding upon chupalips.com cannot guarantee that no deviations will occur in this respect.

For work/deliveries for which in connection with their nature and/or volume no order confirmation is sent, the invoice shall also be regarded as an order confirmation, which shall be considered to represent the agreement fully and accurately.

Modifications and supplements

Modifications of and supplements to any provisions of the agreement and/or the terms shall only apply if they have been recorded in writing by chupalips.com and shall only relate to the relevant agreement.

chupalips.com shall have the right – in case chupalips.com thinks it necessary or desirable – for the proper execution of the agreement, to involve third parties, the cost of which will be charged to the customer, in accordance with the price quotation given by chupalips.com

Delivery

Unless agreed otherwise, delivery will be made at the address provided by the customer, filled in using the appropriate shopping cart form. The time of delivery shall be the moment when the goods ordered leave the seller warehouse.

From the moment of delivery, including the point of time stated above, the goods delivered shall be for the customer’s account and risk.

Times of delivery given shall never be regarded as deadlines. In case of any declaration in default made by the customer referred to a late delivery it must be ratified or confirmed by chupalips.com. In case of confirmation by chupalips.com of such default, a reasonable period of time for delivery must be allowed.

In case the period of delivery is exceeded, the customer shall not be entitled to any indemnity. Nor shall the customer in such case have the right to dissolve or to give notice of termination of the agreement, unless the exceeded time of delivery is such that the customer cannot reasonably be required to maintain the relevant part of the agreement. The other party will in such case have the right to dissolve the agreement to the extent that this is strictly necessary and only for such part for which the period of delivery has been exceeded.

Chupalips.com shall always have the right to make partial deliveries.

Unless expressly agreed otherwise, chupalips.com will deliver the products (or have them delivered) to the address given by the customer.

On delivery at the customer’s address the cost of transporting the products or moving the products within business premises or industrial sites are not included in the price. Such costs will be charged to the customer.

The customer undertakes to accept the products in a diligent manner and in accordance with the provisions of the contractual relationship. If the customer were to refuse or delay acceptance of the items purchased, chupalips.com may:

1). Demand that the customer complies with its obligations and pays the established price, as well as any late-payment interest if payment is outstanding. Simultaneously, notwithstanding the foregoing, Accessories Unlimited may store or deposit the merchandise, in which case it shall notify the customer by duly authenticated means that the goods are at its disposal and the customer shall be liable for the expenses incurred in keeping the products in storage or deposit if the goods are not accepted for any reason.
2) Terminate the contractual relationship, in which case chupalips.com shall be able to transfer the merchandise to third parties.
3) Notwithstanding the foregoing, chupalips.com shall be entitled to the relevant indemnification for damage and loss.

Risks and transport costs

The goods shall be transported on a basis prepaid and the cost thereof shall be charged to the customer in the invoice. Accordingly, chupalips.com shall engage the transport services required to deliver the products and expressly states that it shall not be liable for the outcome of the transport or for any damage that it may cause to the products or third parties.

Chupalips.com shall include in the customer’s invoice the costs quoted by the transport company for the delivery of the products.

Similarly, the customer’s transport-related obligations are as follows:

1) To obtain the licenses and authorizations required for the import of goods and, if applicable, for the transit thereof in another country.
2) To bear all risks of loss of or damage to the products under the contractual relationship as from the time of their departure from seller warehouse.
3) To pay for any additional expense incurred in the event that the goods are not transported within the established timeframe or cannot be taken charge of, or where the customer has not given the appropriate notice.

In case the customer does not or timely pay or receive the products he will be in default without further notice of default. In such case chupalips.com shall have the right to store the products for the customer’s account and risk or to sell them to a third party. The customer shall remain indebted for the purchase amount increased by interest and costs, including storage costs, on account of indemnity, when appropriate reduced by the net proceeds of the sale to such third party.

Chupalips.com shall have the right to postpone new deliveries until the customer has met all his outstanding payment obligations towards Chupalips.com

Complaints

The customer shall inspect the delivered goods as thoroughly as possible immediately on arrival. Any complaints about malfunctions or defects shall be reported to Complaints

The customer shall inspect the delivered goods as thoroughly as possible immediately on arrival. Any complaints about malfunctions or defects shall be reported to Chupalips.com in writing not later than within eight working days after delivery. Malfunctions or defects that could not reasonably be discovered within the said period of time shall be reported to Chupalips.com immediately after their discovery and not later than six months after delivery of the goods.

If and in so far as Chupalips.com considers the complaint justified, Chupalips.com shall exclusively be obliged in its discretion to repair the defect(s) or to replace the defective goods, without the customer being able in addition to assert any right to any compensation whatsoever.

After the discovery of any defect Chupalips.com may require the customer to stop using the product or reselling it instantly. The customer shall not have the right to complain with regard to products of which Chupalips.com cannot verify the complaint.

The customer cannot assert any claims against Chupalips.com for complaints about manufacturing defects of products as long as the customer has not met any obligation towards Chupalips.com directly opposite it. The customer shall render every assistance Chupalips.com may require for investigating the complaint.

The customer shall not be at liberty to return the products, before Chupalips.com has consented thereto in writing. Transport shall always be made for the customer’s account and risk. Solely in case a complaint has been made timely, correctly and rightfully will the reasonable costs of returning be borne by Chupalips.com, provided such costs were approved by Chupalips.com. beforehand.

Chupalips.com shall not be held liable in any way or under any circumstance in the event of any claims that could arise from the unwise or inappropriate use of the products supplied, or from altering or manipulating the products without its express written consent. In the sale of the products acquired from Chupalips.com and for the purpose of holding it harmless from claims, the customer shall responsible for informing its customers of this circumstance and of the products’ intended use and limitations and, if applicable, the fact that they are not authorized for traffic and are, consequently, merely decorative.

Charges, price and costs

Chupalips.com may charge inter alia changes in prices, if between the moment the offer is made and the total payment is made significant changes in prices have occurred in respect of, for instance, rates of exchange, wages, raw materials, semi-manufactures, packing material.

The prices Chupalips.com applies are inclusive of VAT and any other levies, as well as any expenses made for the purpose of the agreement, including forwarding and accounting charges, unless indicated otherwise. All of these expenses shall be for the account of the customer.

The prices quoted by Chupalips.com are in Euros.

Payments

Payment of the products shall be made in advance. Accordingly, until the relevant amounts have been received, Chupalips.com shall not be obligated to supply the products to the customer. If, due to the nature of the transaction or to circumstances specific to the customer, payment cannot be settled in the above-mentioned manner and has to be deferred, subject to Chupalips.com express written consent, the customer must furnish an on-demand guarantee jointly and severally with a credit or financial institution of internationally acknowledged standing.

Limitation of Liability

Subject to the other provisions of this Clause, Chupalips.com’s liability shall be explicitly limited to the provisions of Clause with regard to complaints, so that in connection with the goods delivered Chupalips.com’s shall never be liable for any (further) damage, including consequential loss, and Chupalips.com shall not be obliged to pay loss due to business interruption, loss of profits, damage due to personal accidents, damage resulting from third party claims against the customer or any other damage whatsoever.

Pursuant to Law on Civil Liability for Damage caused by Defective Products, Chupalips.com shall be wholly released from all liability and, in all cases, in the event of damage caused by defective products, such liability shall fall to the manufacturer.

Subject to the provisions of Clause above, liability towards the customer for whatever cause or reason shall be limited to the invoice value of the products delivered by Chupalips.com to the customer, on the basis whereof the claim has arisen. An interrelated series of events shall thereby be regarded as one event.

For damage of whatever nature arising from or caused by the use of the delivered product or by unsuitability thereof for the purpose for which the customer has used it, Chupalips.com shall not be liable. Chupalips.com do not guarantee the items nor their merchantability and fitness of purpose. Manufacturers supply their own warranties and guarantees and most of them do not permit a wholesaler or distributor to make any adjustment, replace any part or accept for return or exchange any defective or unsatisfactory item. Please follow the guarantee instructions when provided by the manufacturer. Any damages arising from the design or manufacturing of any item are the sole responsibility of the manufacturer. In any case, the liability that could arise from the damage caused by defective products shall be established by Law on Civil Liability for Damage caused by Defective Products.

Chupalips.com shall not be liable for damage of whatever nature caused by acts or omissions by personnel employed by Chupalips.com or by other persons whose services Chupalips.com employs, including advice or other instructions by such persons for the application and the use of the product delivered by Chupalips.com.

Intellectual property, copyrights and confidentiality

The customer shall not be allowed to remove or alter any indication of brands, trade names, patents or other rights from the goods delivered by Chupalips.com, including indications about the confidential nature and confidentiality of the goods delivered or to alter or to copy the products or any part thereof. The customer will be obliged to impose this proviso on his customer by way of third-party clause.

Chupalips.com assumes no liability for infringements of third party intellectual or industrial property rights caused by the modifications made to the delivered goods without Chupalips.com’s consent.

The customer agrees to keep all documentation and/or information received directly or indirectly from Chupalips.com, since the first contact established between Chupalips.com and the customer through to the execution of the sale and purchase and thereafter, strictly confidential.

Any failure to comply with this condition shall entitle Chupalips.com to terminate the contractual relationship on grounds of breach. Accordingly, if the customer fails to observe its confidentiality undertaking further to contractual termination or before the sale and purchase is agreed on, it shall be obligated to pay to Chupalips.com an amount of € 600.000 as an express penalty.

The customer shall indemnify Chupalips.com against all third party claims for payment of damages in connection with the goods delivered to the customer by Chupalips.com.

Chupalips.com shall not be liable for damage of whatever nature, because Chupalips.com proceeded from incorrect and/or incomplete data provided by the customer.

Chupalips.com declines any sort of responsibility for direct or indirect, physical or material damages due to incorrect use or assembly of the supplied products.

Chupalips.com in its unquestionable judgement and if it considers necessary, would deal with the repair or replacement of its faulty articles.

Chupalips.com reserves the right to modify at any moment the articles showed in its brochures or web site.

Data protection

The customer must comply strictly with the provisions of the Personal Data Protection Law and the Italian legislation applicable in each case, as well as the implementing regulations thereof, insofar as Chupalips.com is concerned.

Customer’s actions

The customer may also enter into product distribution agreements with third parties provided that Chupalips.com is informed of contents of those contracts that could affect it, prior to the execution of the agreements and, in all cases, that approval is given by Chupalips.com which could request the customer to make the amendments it deems appropriate to defend its interest.

Notwithstanding the foregoing, when the customer enters into a contractual relationship pursuant to the terms hereof, it shall hold Chupalips.com harmless from any third-party party that could be filed in relation to the agreement with the customer.

Customer’s obligations with respect to Chupalips.com products

The customer guarantees that, depending on the application, the customer himself, the intermediary and/or the end-user will ensure that:

1) the products are stored in a suitable place;
2) the products are not modified or altered;
3) the serial number and/or the production date is not modified or altered;
4) the products are used normally and carefully for the purpose they are intended for;
5) the products are maintained regularly and properly;
6) the instructions for use and maintenance given by the manufacturers are always adhered to.

Applicable law/Disputes

The contractual relationship established by Chupalips.com with the customer and these terms and conditions of sale shall be governed by Italian law, with the express non application of the Vienna Convention on International Sales of Goods.

In the case of any discrepancy over the interpretation and/or performance of this contractual relationship, the parties waive their own jurisdiction, if any, and agree that any litigation, dispute, issue or claim resulting from the performance or interpretation of this contractual relationship, or directly or indirectly related thereto, shall be resolved finally by an arbitration at law at the Arbitration Tribunal of the Italian Chamber of Commerce, Industry and Navigation, which shall be instructed to conduct the arbitration pursuant to its rules and by laws.

The arbitration shall be conducted by a sole arbitrator who shall be designated by mutual agreement between the parties and must be a lawyer with proven knowledge of the subject-matter of the contractual relationship. Should such mutual agreement not be reached, the arbitrator shall be formally designated pursuant to the rules and bylaws of the Italian Chamber of Commerce, Industry and Navigation.

Waiver

Chupalips.com’s waiver of its right to demand that the customer complies any of its outstanding obligations shall not, under any circumstances, be construed as a waiver to claim against any future breaches.

These Standard Terms of Sale and Delivery have been filed with the Register of Standard Terms and Conditions of Contract in Italy.