Terms and Conditions

Please read these terms and condition (hereinafter referred to as the »Terms«) carefully before using the services and software described herein. This document is a legally binding agreement stipulated between you as the user(s) of the site or/and the products and the EIGHTEENPLUS d.o.o., posredništvo in spletno oglaševanje, Prešernova cesta 55, 6310 Izola – Isola, registered under the laws of Slovenia, no. 7167377000, hereinafter referred to as the “Company”.

This version is in effect since 123.15. 2018.

1.DEFINITIONS

  1. 1.1. Eighteen+ (hereinafter referred to as “the Company”) means company EIGHTEENPLUS d.o.o., posredništvo in spletno oglaševanje, Prešernova cesta 55, 6310 Izola – Isola, registered under the laws of Slovenia, no. 7167377000;
  2. 1.2. Eighteenplus .net(hereinafter referred to as “Website”) means the Website located on the following address: https://www.eighteen.net ;
  3. 1.3. Come together (hereinafter referred to as “the App”) means the application for use and managing the ComeX device, e.g. regulating and setting the vibrate mode, frequency of vibrating etc.);
  4. 1.4. Come x device (hereinafter referred to as “Come x device”) means the vibrator, which shall be connected thorough an interface with the App and can be managed by the App;
  5. 1.5. Services (hereinafter referred to as “Services”) means: selling Products such as vibrators, ComeX device, T-shirt, card games and other products and Use of application Come together, use of the Website;
  6. 1.6. User (hereinafter referred to as “User”) means a legal entity or individual who completes the registration procedure and creates an Eighteen+ account (registered mode) or uses the Website or the App without registration (local mode);
  7. 1.7. Partner (hereinafter referred to as “Partner”) means another User with which the User connects in order to use the App and manage the device;
  8. 1.8. Force Majeure Event (hereinafter referred to as “Force Majeur Event”) means any governmental or relevant regulatory regulations, acts of God, war, riot, civil commotion, fire, flood, or any disaster or an industrial dispute of workers unrelated to you or the Company. Any act, event, omission, happening or non-happening will only be considered Force Majeure if it is not attributable to the wilful act, neglect or failure to take reasonable precautions of the affected party, its agents, employees, consultants, contractors and sub-contractors;
  9. 1.9. Minor (hereinafter referred to as “Minor”, collectively also referred to as “Minors”) is a person under the age of full legal responsibility meaning under the age of 18 or, in some countries, under the age of 21;
  10. 1.10. Local mode (hereinafter referred to as “Local mode”) means that the User does not need to register for the user account. In local mode, the user has access to the basic functions;
  11. 1.11. Registered mode (hereinafter referred to as “Registered mode”) means the user has to log in to an active user account and the user must be connected to the Internet (or via WIFI or via a data connection). In registered mode, the user can access to the basic functions as in the local mode and to additional functions;
  12. 1.12. Terms and Conditions (hereinafter referred to as “Terms”) mean the Terms set forth.

2. APPLICATION AND ACCEPTANCE OF THE TERMS

Your use of the Website and the App, its services and products (collectively hereinafter referred as the “Services”) is subject to the terms and conditions hereof as well as the Privacy Policy and any other rules and policies that the Company may publish on the Website.

By using the Website and / or by using the App and or by creating a user account you give consent to and accept the following:

  1. 2.1. These Terms define basic mutual rights and obligations of you and the Company;
  2. 2.2. Company offers you online adult interactive Website and App (Therefore, its access by Minors is prohibited. Furthermore, access and use of the Website and of the App is not recommended to persons who might be sensitive to adult entertainment content, any eventual access to the Website and the Application by such persons will be their sole responsibility.
  3. 2.3. Company offers the Come-X device which can be managed by the App by you as the User and/or by the Partner for the interactive use.
  4. 2.4. The use of the App can be Local mode or Registered mode. The Guide for the use of App is available on our Website in PDF document User guide or enclosed in written form when buying our Products.The App includes also tutorial.
  5. 2.5. With the Local mode you can connect to and manage Come-X device, if you have Come-X device close to you. You can manage the power of the engine directly or on basis of predefined sequences on the App.
  6. 2.6. The Registered mode includes the same as Local mode and some additional features or functions. You can browse on-line store, where you can test or transfer the sequences which you are interested in. You can also connect with a Partner and send messages via the App as a live chat. The Come-X device can be managed by the App via internet if you or Partner have Come-X device.
  7. 2.7. You may not use the Website and the App if you are not of legal age to form a binding contract with the Company, or you are not permitted to use the Website and the App under to laws of the Republic of Slovenia or other countries which you are resident or from which you use the Website or the App.
  8. 2.8. The Company may amend any Terms at any time by posting the relevant amended and restated terms on the Website or within the App. By continuing to use the Website or the App, you agree to by bind by such amendments.
  9. 2.9. You will comply with these Terms and all applicable local, state, national and international laws, rules, and regulations in the country of which you are resident or in the country you use the Website and the App;
  10. 2.10. If you are using the Website or the App on behalf of a business or some other entity, you state that you are authorized on behalf of business or other entity to use the Website and the App as set forth in these Terms and to agree to these Terms on behalf of the business or entity.
  11. 2.11. You must not use the Website or the App in any way that causes, or may cause, damage to the Website or to the App or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  12. 2.12. You must not conduct any systematic or automated data collection activities, including without limitation framing, scraping, data mining, data extraction and data harvesting on or in relation to this Website or the App without the Company express written consent;

3. USER ACCOUNT

To access some features of the Website or the App, you may have to register for “Eighteen+” account. Registration for the account is possible on website: www.eighteenplus.net or by using the App.

When registering a user account, you must provide accurate and complete information. For the registration of the user account, the following information are required: user name, a valid email address and a password.

You are solely responsible for the activity that occurs on your account.

You must keep your account password secure and must notify the Company immediately of any breach of security or unauthorized use of your user account. The company is not liable for you losses caused by any unauthorized use of you user account. If you believe that someone else has gained access to you user account with or without your permission, please immediately contact us to support@eighteenplus.net.

All login names and passwords remain the property of the Company, and may be immediately cancelled or suspended at any time by the Company without any notice or liability to you or any other person.

By registering a user account, you give the Company permission to send you periodic information regarding sales and promotions.

4. PRIVACY

By navigating through our Website, by using the App, or by creating a user account you will share and/or we will collect personal information about you. Please read carefully our Privacy Policy, which explains how we collect, use and share your personal information and the choices you have regarding the use of your personal data.

The aforementioned Privacy Policy and all of its amendments are available on the following link: https://eighteenplus.net/privacy-policy.html

5. USE OF LICENCE

The Company grants you a limited licence to view and browse the Website and the App for your own personal, non-commercial use, provided that you agree to and accept without modification these Terms. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, sub-licence, create derivative work from, transfer of sell any content from the Website or the App without the express written consent of the Company.

6. CONTACTS

The Company and its customer service department for helping the costumers regarding the Services, can be contacted sending an email to support@eighteenplus.net

or

by sending a letter to Eighteenplus d.o.o., Presernova 55, 6310 Izola.

or

by using Live chat accessible on the Website.

7. PRODUCT PURCHASE TERMS AND CONDITIONS

The Company accepts payments via payment platform Total processing and does not accept cash or cheques for online orders.

The Company will use reasonable efforts to deliver any ordered product as quickly as possible and within 21 days Nevertheless, the Company shall not be liable for any delays in shipping or delivery.

The Company warrants that the goods purchased hereunder will be free from defects in material, workmanship and design, and fit and sufficient for the purposes intended. Please see the following product warranty page for more details.

The Company is not responsible for the defects of the products which result from improper use of product.

The Company has the right at any time to make changes in drawings, specifications, materials, packaging, time and place of delivery, and method of transportation. You hereby agree to accept any such changes subject to this section.

The user may withdraw an offer to enter into a contract with the Company through our Website or cancel a contract entered into with the Company through our Website (without giving any reason for your withdrawal or cancellation) at any time within the period:

  1. (a) beginning upon the submission of your offer; and
  2. (b) ending at the end of 14 days after the day on which the products come into user’s physical possession or the physical possession of a person identified by the user to take possession of them.

The user shall inform the Company of his decision to withdraw or cancel the contract by means of any clear statement setting out the decision which shall be sent to the following email address: support@eighteenplus.net

After withdrawing or cancelling the purchase agreement, the purchased and unused products shall be sent to the Company without undue delay and in any event not later than 14 days after the day on which the user informed the Company of its decision to cancel the contract. The user must pay the direct cost of returning the products.

The Company will refund the purchase price using the same method used to make the payment, unless the user has expressly agreed otherwise.

8. DISCLAIMER

The Services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, while the Company uses its best efforts to provide a good user experience, we do not represent or warrant that:

  1. (a) your access to or use of or inability to access or use the Services;
  2. (a) your access to or use of or inability to access or use the Services;
  3. (c) that any content, user content, or information you obtain on or through the Services will be timely or accurate.

The Company takes no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which the Company will be responsible for.

9. LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Company and our managing members, shareholders, employees, affiliates, licensors, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  1. (a) the Services will always be secure, error-free, or timely;
  2. (b) the conduct or content of other users or third parties on or through the Services; or
  3. (c) unauthorized access, use, or alteration of your content, even if the Company has been advised of the possibility of such damages.

10. BREACH OF THE TERMS AND CONDITIONS

Without prejudice to the Company’s other rights under this Terms, if you breach the Terms in any way whatsoever, the Company may take such measures as it deem appropriate, including but not limited to suspending your access to the Website or you user account, blocking computer using IP address from accessing the Website.

11. MISCELLANEOUS

This Terms sets forth the full and complete understanding between the user and the Company with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal.

Unless contrary to law or otherwise stated, each provision of this Terms shall survive termination.

If any portion of this Terms is deemed unenforceable by a Court of competent jurisdiction, it shall not affect the enforceability of the other portions of this Terms.

If the Company changes the terms of this Terms, it will post an updated set of terms and conditions on the Website and/or will post a change notice and/or send users an email notice of the changes in advance of implementing the changes.

If any modification is unacceptable to you, you shall cease using the Website or the App and its Services and be able to terminate your subscription (if any). If you do not cease using the Website and / or the App and its Services, you will be conclusively deemed to have accepted the change.

You agree to defend, indemnify, and hold the Company, its officers, directors, employees and agents harmless from and against any third-party claims liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected to your negligence; and breach or violation of this Terms.

This Terms and the relations arising out from it between the Company and the user will be governed by the law of the Republic of Slovenia.

Any disputes arising between the Company and the user will be settled amicably and only when this solution is not efficient, the competent jurisdiction for the disputes arising from this Terms will be the courts of the Republic of Slovenia.

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