Terms & Conditions
§1. Acceptance of Terms of Service
1.2 We reserve the right to modify the Terms of Service at any time, in which case the Terms of Service will be posted on the Site. Continuing to use the Site or any of its parts constitutes acceptance of the changes and modifications to the Terms of Service, and the only recourse is to stop using the Site if you disagree or do not consent to the Terms of Service.
1.3 You declare and guarantee that by accessing our Sites or any of their parts, you are 18 years of age or older.
§2. Use of Websites
2.1 You may access our websites using a computer or mobile device, and this Regulation governs your use of our websites, regardless of the means of access.
2.2 By using our interactive services (“Interactive Services”), such as ratings, reviews, forms, comments, you accept the terms of this Regulation.
§3. Intellectual Property
3.1 You may use the websites only as allowed by this Regulation.
3.2 All intellectual property rights (including, but not limited to, copyrights, trademarks, patents, design rights, and all other forms of intellectual property rights existing in the world) in the websites are owned by UndeadStudio or licensed to UndeadStudio for use. Nothing in this Regulation constitutes a transfer of any intellectual property rights.
3.3 We grant permission for electronic copying and printing in paper form of portions of the websites solely for the purpose of placing an order with SensualWhisper, using Interactive Services, or using the websites as a source of purchases. Any other use of materials found on the websites – including their reproduction for purposes other than those permitted above, modification, distribution, republication, transmission, display, or presentation – without prior written consent from UndeadStudio is strictly prohibited.
§4. Product Information
4.1 All materials and information presented by UndeadStudio are intended for educational or informational purposes only.
4.2 All products should be used strictly in accordance with their instructions, warnings, and guidelines. You should always check the product ingredients to avoid potential allergic reactions.
4.3 The use of the websites is not intended to replace professional medical advice: these websites serve solely as online stores for products related to sexual health. UndeadStudio does not provide answers or intend to provide answers to medical questions, and these websites do not substitute for professional medical advice or medical resources.
4.4 Occasionally, information containing typographical errors, inaccuracies, or omissions may appear on the website, which may pertain to product descriptions, prices, promotions, offers, and availability. UndeadStudio reserves the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the website is incorrect at any time, without prior notice (including after an order is placed).
§5. Color Information
5.1 Despite efforts to display product colors accurately, actual colors may vary depending on the monitor and may not be precise.
§6. Ordering and Delivery
6.1 The order amount in the store and on the invoice is the amount charged by UndeadStudio. Your bank may charge credit card fees for which UndeadStudio is not responsible.
6.2 All Product deliveries are made to the delivery address provided in the Order Form. The customer must promptly inform the Company of any changes to their delivery address and contact number.
6.3 The customer must ensure they are ready to safely receive the Product without undue delay and on the Delivery Date. If the customer is unavailable for delivery, the Company may leave a card with instructions from the carrier regarding re-delivery or collection.
§7. Return Policy
7.1 If a product is not as described, you may return it within 14 days.
7.2 If the product is unopened, full refunds will be provided in the same form as the payments were made, upon return of the product to us. However, please note that shipping fees will not be refunded.
7.3 If the product has been opened, we do not accept returns for hygiene reasons. Instead, you will receive a personalized 20% discount code for your next order!
7.4 Only products purchased on sensualwhisper.com can be returned to sensualwhisper.com. If you are dissatisfied with a product purchased elsewhere, please return it to the place of purchase.
7.5 Defective products can be returned for a refund or exchange within 90 days.
7.4 Shipping fees will be refunded only in cases where the product is defective.
7.5 To return a product to SensualWhisper, you must obtain prior authorization from our customer service, who will provide you with a return form. To receive a return form, contact Customer Service at email@example.com.
Please provide proof of purchase.
Once you have the return form, pack the product in the shipping packaging and include the completed return form SEPARATELY from the defective product, ensuring you include a full delivery address. Then, send the defective product to the following address:
ul. Wiśniowa 24
05-806 Nowa Wieś
§8. Your Content Liability
8.1. You bear exclusive responsibility for any content you transmit, publish, email, or otherwise transmit through the websites, through our Interactive Services, or in any other way, including submitting ratings and product reviews, and any other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, videos, messages, forum posts, comments, questions, answers, or other materials (“Content”). We will not accept your content if you are not a registered user of the Sites.
§9. Use of Content on Websites and Limitation of Liability
9.1. UndeadStudio provides the websites and Interactive Services, as well as all other applications and services on the websites, solely as a forum. To the fullest extent permitted by law, UndeadStudio is not and will not be responsible for any statements, representations, or Content provided by its users in any public forum on the websites or on any third-party websites, including, without limitation, through Interactive Services.
9.3. You agree not to bypass, disable, or otherwise interfere with the security features of the website or functions that prevent or restrict the use of any Content or impose restrictions on the use of the website or its contents. You may not tamper with or disrupt the websites, servers, or networks connected to the websites or violate any rules of networks connected to the websites.
§10. Your Submitted Content
10.1. By submitting Content to UndeadStudio, you declare and warrant that:
(a) You understand that you are participating in a public forum, and your content will be accessible to all other users of the websites, Interactive Services, and potentially third-party websites.
(c) All “moral rights” that you may have in such Content have been voluntarily waived by you, and you do not demand that any identifying information be used in connection with the Content you submit or any derivative works, enhancements, or updates thereof;
(d) All Content you post is accurate;
10.2. You also warrant that any Content you submit:
(a) Is not false, inaccurate, or misleading;
(b) Does not harm minors;
(c) Does not violate any copyrights, patents, trademarks, trade secrets, or other intellectual property rights or rights of publicity or privacy of any person or entity;
(d) Does not violate any obligations arising from law or contractual or fiduciary relationships (e.g., confidential and proprietary information that you learned or disclosed in the course of employment relationships or confidentiality agreements);
(e) Does not violate any law or regulation;
(f) Is not, and cannot reasonably be considered to be, unlawful, harmful, defamatory, offensive, obscene, vulgar, abusive, libelous, derogatory, hateful, racially, or religiously biased, offensive, unjust, threatening, or harassing to any person, partnership, or corporation;
(g) Is not sent for compensation or other considerations from any third party; it does not contain any information that relates to other websites, addresses, email addresses, contact information, or phone numbers;
(i) Is not an advertisement, spam, unsolicited promotional material, unauthorized or illegal advertising, contains information that violates the right to privacy, unauthorized or false identification, or any material containing viruses, worms, or harmful computer software, spyware, adware, bot programs, catalog programs, trojans, web bugs, or any other malicious software or malicious code, operates on a current license;
10.3. By submitting Content to the websites, you grant UndeadStudio a worldwide, irrevocable, royalty-free, sublicensable, and unlimited license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, perform, and publicly display and publish the Content in any form, medium, technology, or territory, whether now known or developed in the future, without any compensation or acknowledgment to you.
10.4. By submitting Content to the websites, you waive all privacy rights in the Content and agree that we may publish your name in connection with any Content you submit. You agree that other users of the websites and third parties may use the Content you submit without compensation to you or others.
§11. Interactive Services
11.1. You may not attempt to gain unauthorized access to any Interactive Services, other users’ accounts, computer systems, or networks connected to the websites.
11.2. You may not use Interactive Services to collect personal data from other website users or to send unauthorized advertisements or spam.
11.3. We may monitor or record users’ actions and behaviors in connection with Interactive Services, and appropriate sanctions may be applied in case of violations of this Agreement.
11.4. We may use information about you and your activities in connection with Interactive Services to track or prosecute violations of the law or take other legal measures in connection with a violation of this Agreement.
11.5. We may disclose information about you and your activities in connection with Interactive Services in response to requests from law enforcement agencies or pursuant to legal provisions or court proceedings, as part of an investigation or criminal proceeding, to protect the rights or interests of UndeadStudio, its partners, or other individuals, or to protect the security or integrity of the websites.
§12. Submitting Ratings and Reviews
12.2. Your ratings and reviews may be publicly available on our websites and in other places such as social media and third-party websites where we publish content. Your name may be displayed in connection with your review, and we may use your reviews and ratings for marketing and advertising purposes.
12.3. UndeadStudio may change, modify, or remove your ratings and reviews at any time at our discretion if they violate our Guidelines or Rules.
§13. Your Account
13.1 You must be at least 18 years of age to become a registered user of our Site.
13.2 On registration at our Site, you will have a username and password for your account. You are responsible for ensuring your account, username and password remain confidential, current, complete and accurate. You are responsible for all activities that occur under your account, username and/or password.
§14. Personal Data
§15. Links to Other Websites
§16. Changes to Websites, Access Denial
16.1. We reserve the right to make changes to the websites, including content, features, and availability, at any time without prior notice. We may also deny access to the websites or parts thereof at any time, for any reason, including a violation of this Agreement.
§17. Mobile Services
17.1. If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
§18. Right to Modify and Change
18.1. UndeadStudio reserves the right to modify, change, or update this Agreement at any time and for any reason without prior notice. Any such modification, change, or update will be effective upon its publication on the websites. Your continued use of the websites after the publication of such a change, modification, or update will signify your acceptance of the amended Agreement.
18.2. If you do not agree with any change, modification, or update to this Agreement, you must discontinue using the websites and Interactive Services.
19.1. We may terminate this Agreement at any time and for any reason, and restrict or terminate your use of the websites and Interactive Services without prior notice and without any liability to you or other users.
19.2. Upon termination of this Agreement, you will no longer have the right to continue using the websites or Interactive Services. In the event of the termination of this Agreement, any suspended or restricted access to the websites or Interactive Services will be automatically revoked.
§20. Complaints and Reports
20.1. The Website, its use, all contents therein, any products or services shall be made available on an “AS IS” basis without any warranty of any kind, including without limitation all implied warranties of merchantability or fitness for any particular purpose.
20.2. To the extent permitted by law, UndeadStudio will not be liable for any damages of any kind arising out of or in connection with the use of the Sites or the Interactive Services. This is a comprehensive limitation of liability that applies to all damages of any kind.
20.3. We reserve the right to monitor and remove Content that infringes on copyrights or other intellectual property rights or violates applicable laws.
20.4. If you believe that any user of the websites is violating this Agreement or engaging in unlawful or harmful activities, please contact us at firstname.lastname@example.org to report such violations.
§21. Reservation of Rights to Control and Enforce
21.1. We reserve the right to monitor the use of the websites and Interactive Services and to enforce this Agreement. We may monitor your actions in connection with the websites and Interactive Services and take appropriate legal action in the event of a violation of this Agreement.
21.2. We reserve the right to take any available legal measures to protect the security and integrity of the websites, including reporting violations of anti-vandalism or other cybercrime laws to law enforcement authorities.
21.3. We reserve the right to take legal action in response to violations of this Agreement, including seeking injunctive or conservatory relief and pursuing damages claims.
21.4. We reserve the right to cooperate with law enforcement agencies in connection with investigations into violations of the law, including providing information about users of the websites and their activities.
§22. Indemnification and Limitation of Liability
22.1 You agree to defend, indemnify and hold harmless UndeadStudio (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of
(a) your use of and access to the Sites and the Interactive Services;
(c) a breach of your representations and warranties set forth above regarding Content;
(d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or
22.2 UndeadStudio will not be liable for any claim arising out of your incorrect or improper use of a Product, including use that does not comply with any Product instructions or that would be otherwise unexpected or unreasonable.
§23. Without Legal Advice
23.1. The websites and Interactive Services are provided for informational and entertainment purposes only and do not constitute legal advice, other professional advisory services, or medical services. This Agreement does not create a legal or advisory relationship between you and UndeadStudio or its partners. We are not responsible for any actions or omissions based on the information available on the websites, nor for any losses or damages resulting from such actions or omissions.
§24. Contact Us
§25. Final Provisions
25.1. This Agreement constitutes the entire agreement between you and UndeadStudio regarding the use of the websites and Interactive Services and supersedes any prior agreements between you and UndeadStudio in this regard.
25.2 Any claim or dispute between you and UndeadStudio that arises in whole or in part from the Sites or the Interactive Services shall be decided exclusively by a court of competent jurisdiction located in Poland. If any part of these Terms is determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.