Terms of service

GENERAL TERMS AND CONDITIONS

Access to and use of this website are subject to these General Terms and Conditions of Use, which include the General Conditions of Sale for the online store www.sexitive.eu, as well as the Privacy and Data Protection Policy presented by the commercial company EL BUHO DE MINERVA S.L., NIF B75637587, with registered office at C/PUERTO DE BEJAR 14C, 28045 Madrid, Spain.

1. GENERAL INFORMATION

EL BUHO DE MINERVA S.L., which we refer to as Sexitive España, is the owner of the website located at the domain name www.sexitive.eu.

Using the website and/or registering as a user implies acceptance of the terms and conditions described herein.

a) These General Terms and Conditions apply to all commercial relationships between Sexitive España and its customer, in the version in force at the time of signing the contract.

b) Any different general terms and conditions of the customer will be rejected.

c) Customers, according to Article 1 (a), are considered both consumers and entrepreneurs. A consumer is any natural person with whom the purpose of the order is not attributable to an industrial, independent, or self-employed professional activity. An entrepreneur, on the other hand, is a natural or legal person or a partnership with legal capacity that places the order for industrial, independent, or self-employed professional purposes.

2. FORMALIZATION OF THE CONTRACT

These Terms and Conditions of Use constitute the entire contract governing the purchase conditions of the products made available to users by Sexitive España on the website.

Access to or use of the website, as well as the purchase of any product, necessarily and unreservedly implies the user's understanding and acceptance of these terms of use. Therefore, it is recommended that the user read them carefully each time they wish to purchase a product.

3. PRODUCT PURCHASE

3.1. How to purchase a product

To order products, the user must follow the purchase procedure established on the website and read and accept these Terms and Conditions of Use. Sexitive España will then send an email to the user confirming that the order has been accepted. The contract between the user and Sexitive España will be finally formalized once Sexitive España sends the user the purchase confirmation. Only those products indicated in the order will be subject to the contract.

3.2. Product availability

All orders are subject to product availability. If, after the shipping confirmation has been sent, Sexitive España cannot stock the requested product for any reason, it will contact the user as soon as possible to inform them of this fact. In such cases, Sexitive España may:

a) Offer the user, at no additional cost, a product with similar characteristics and specifications to the one initially requested, provided these meet the user's needs; and/or

b) Offer the user to cancel the requested order by refunding the amount paid for it within 15 business days.

3.3. Refusal to process an order

Sexitive España reserves the right to withdraw any product from the website at any time and to remove or modify any material or content thereon. Sexitive España reserves no liability to the user or any third party for the withdrawal of any product from the website, regardless of whether the product has been sold.

3.4. Money-Back Guarantee

Customers have the option to return products within the first 15 days of receipt, entitled to a refund of the purchase price. The period begins upon receipt of the goods.
Customers are only entitled to the money-back guarantee if products are intact, sealed, complete, and in their original packaging. Products must be returned at the customer's expense.
The money-back guarantee applies to all products.
After successful receipt of the goods by the supplier within the 15-day period and if all the above conditions are met, the customer will be refunded the full purchase price.

3.5. Product Delivery

Products will be delivered to the address indicated by the user when placing the order within approximately one to seven business days after they leave the Sexitive Spain warehouse, depending on the destination.

Sexitive Spain assumes no responsibility when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company assigned for such purpose.effects, such as the absence of the user or the retention of the product in customs.

Sexitive Spain does not guarantee that order deliveries will be made at specific and concrete times. If the buyer indicates a specific delivery date or, within that date, shows preference for a specific time slot, this will be understood as a guideline.

Delivery times are approximate, although Sexitive Spain constantly strives to adhere to them. There is no pick-up or delivery service on Saturdays, Sundays, and holidays, a circumstance that will affect the calculation of delivery dates.

3.6. Shipping costs

Shipping costs include transportation, insurance, and customs clearance at origin. If your order passes through customs, we are not responsible for any additional costs.

3.7. PRICE AND PAYMENT OF PRODUCTS

The prices applicable to each product will be those published on the website on the date the user places the order.

a) Payment Method

The user may pay using Visa, Visa Electron, Mastercard, or American Express credit or debit cards, or by bank transfer. To minimize the risk of unauthorized access, the user's credit card information will be encrypted.

b) Value Added Tax (VAT)

The applicable VAT rate will be the legally applicable rate at any given time, depending on the specific product in question.

c) El Búho de Minerva SL undertakes not to allow any transaction that is illegal, or that is considered by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards. Furthermore, the following activities are also explicitly prohibited:

- Selling medications

4. EXEMPTION FROM LIABILITY

a) The customer's rights to compensation for damages caused by negligence in the use of El Búho de Minerva SL products are excluded. The above exemption from liability also applies to the supplier's legal representatives and vicarious agents in the event that the customer asserts claims against them.
b) The exemption from liability established in point 1 excludes rights to compensation for personal injury in the event of harm to life, limb, or health, and rights to compensation for damages caused by the use of the products and damages resulting from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract; for example, the supplier must deliver the item to the customer free from material and legal defects and grant them ownership of it. Likewise excluded from the liability exemption is the right to compensation for damages caused by an intentional breach or gross negligence of the obligations of the provider, its legal representatives, or vicarious agents.

5. OWNERSHIP OF THE WEBSITE

The website is the property of El Búho de Minerva SL. All rights to the content, images, and software available on this website belong to El Búho de Minerva SL and are licensed and protected by intellectual property laws, industrial property laws, and international copyright treaties.

The reproduction, transmission, or exploitation of the content of this website requires the explicit authorization of El Búho de Minerva SL.

The publication, manipulation, distribution, or reproduction, in any medium, of any content on this website is prohibited, as is its association with any business or company.

El Búho de Minerva SL is not responsible for the information contained on third-party websites linked to the website.

Under no circumstances will El Búho de Minerva SL be liable for any damages or losses of any kind arising from or in connection with the use of the website.

El Búho de Minerva SL may claim damages resulting from the user's breach of these Terms and Conditions or from the use of the Website content without prior authorization.

If any provision of these general terms and conditions is found to be invalid, this shall not affect the validity of the remaining provisions.

- STATEMENT REGARDING PAYMENT METHODS

El Búho de Minerva SL undertakes not to allow any transaction that is illegal or is considered by the credit card brands.