Last Updated: 25 November 2016
www.pleasuremystery.com (“Pleasure Mystery”, “Us”) is an independent portal (“Site”) operated by Mystery Group Ltd who is a company registered in England and Wales under registration number 10402040. The registered office is 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom. The following terms and conditions (“Terms”) are for those wishing to purchase goods advertised on the Site (“Buyer”, “You”) and sets out the relationship between Pleasure Mystery and You (“You”, “Your” or “Buyer”).
- Pleasure Mystery provides an independent Site which allows sellers to sell adult related items and Buyers to purchase the same.
- Buyers must be over the age of 18 years’ old
- Pleasure Mystery forbid the exchange of any pornographic, medicinal and illegal materials and products
- Pleasure Mystery limitations and Function
- Pleasure Mystery is a portal connecting buyers and sellers and as such, purchases are not made directly from Pleasure Mystery but from the unaffiliated seller.
- sellers are not validated by Pleasure Mystery, except to ensure that they are an authentic individual or company with seller activity elsewhere. Sellers are required to sign up to Pleasure Mystery as a customer before making an application to become a seller. Pleasure Mystery approves sellers but only on a basic level and as such, Pleasure Mystery encourages Buyers to take into account seller feedback and ratings prior to making purchases, as well as encouraging Buyers to ask relevant questions before committing to a purchase.
- Pleasure Mystery does not endorse or guarantee any items sold by sellers and do not provide any testing or standards against which items sold are held.
- Purchases are at the complete discretion of the Buyer.
- Responsibilities and Obligations
- Buyers shall be required to create an account to purchase through the Pleasure Mystery. Users shall be required to create a username when registering. Usernames must not infringe on any intellectual property rights, violate any of the terms contained herein, be offensive, vulgar or immoral. Usernames found to be in breach of this clause 2.1 shall be blocked and removed.
- Once an account has been created, Buyers shall be solely responsible for account activity. Usernames and passwords should not be given to third parties and all activities on the account shall be the responsibility of the Buyer. All transactions made through the account should be made in accordance with these Terms.
- As Pleasure Mystery do not validate or test goods, it is your responsibility to ensure that the product(s) you purchase are suitable for the user. Pleasure Mystery cannot be held liable or responsible for any injury caused by use of a product. If you are unsure if a product is suitable, you are encouraged to contact the seller, and where appropriate, a medical expert.
- Pleasure Mystery is an adult goods site and as such, users must be over the age of 18. You agree to truthfully provide confirmation of your age upon use of the Site.
- You understand and accept that upon purchasing any product from a seller you are bound by the terms and conditions of that seller. Pleasure Mystery do not provide terms and conditions for refunds or exchanges other than the statutory provisions required by law.
- Buyers found to be purchasing illegal or immoral goods shall be reported, along with the seller to the relevant authorities, and shall be forbidden from using the Portal in the future.
- Payments shall be made directly to the seller, and shall be taken via PayPal.
- All transactions made through Pleasure Mystery are subject to the terms and conditions of PayPal and can be found on their website.
- Disputes regarding payments should be directed to PayPal where the seller is unable to assist.
- Buyers must bring any suspicious or disputes to the knowledge by contacting us through “Contact Us” page.
- Refunds and Cancellations
- Purchases are made through Pleasure Mystery, but not from Pleasure Mystery. As such, requests for cancellations, refunds or disputes relating to items purchased, should be directed directly to the seller of the item. Please refer to Returns Section of the website.
- Once the return has been agreed with the seller, you are required to contact Pleasure Mystery to advise them that the order has been cancelled.
- Under the laws of England and Wales, unopened, unused items or faulty goods may be returned to the seller for a full refund within 14 (fourteen) days of purchase in accordance with the Distance Selling Regulations 2015.
- Upon cancelling an order, within the time frame given in clause 3.2, the seller shall provide you with confirmation, in writing of the cancelled order.
- The sellers terms and conditions shall provide you with the cost implications of returning goods, and as such, Pleasure Mystery encourages you to read the sellers terms and conditions prior to any purchase.
- Returned goods should be sent directly to the seller. Pleasure Mystery shall not accept any returned items, nor any liability for such items.
- Refunds for returned items shall come directly from the seller and as such any disputes related to refunds or returns should be directly directed to the seller.
- Warranty and Limitation of Liability
- PLEASURE MYSTERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. PLEASURE MYSTERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. PLEASURE MYSTERY MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT PLEASURE MYSTERY IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, PLEASURE MYSTERY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF PLEASURE MYSTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL PLEASURE MYSTERY AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO PLEASURE MYSTERY PURSUANT TO THIS AGREEMENT
- Pleasure Mystery shall perform all services with reasonable care and skill and to a standard to be reasonably expected from a competent and professional supplier of similar services.
- You shall indemnify and hold harmless Pleasure Mystery and its personnel against all Liability and Losses (1) asserted against or suffered by You or any other person and arising out of or in connection with services, materials or information provided by Pleasure Mystery; and/or asserted against or suffered by Pleasure Mystery or any other person (including You) and arising out of or in connection with services, materials or information provided by or on behalf of You, and including without limitation losses and expenses incurred by Pleasure Mystery directly.
- Pleasure Mystery’s liability in respect of or arising out of any defect in the services rendered or for any
injury, loss or damage attributable thereto is limited to making good by re-performance such defects which arise solely from Pleasure Mystery or its suppliers’ faulty design, materials, installation or workmanship within such period as is given to Pleasure Mystery by its suppliers, or if none within a period of six months after such services have been rendered.
- The Provisions of this clause 4 shall not apply in circumstances where they may not apply by virtue of applicable law, including where applicable, and without limitation: –
- by virtue of Section 7 of the Consumer Protection Act 1987; and
- by virtue of Section 2(i) of the Unfair Contract Terms Act 1977 in respect of liability for negligence.
- In these terms the expression “Services” shall include without limitation the making of any statements by Pleasure Mystery or on its behalf in connection with these terms. For the purpose of this clause 4 Pleasure Mystery contracts on its own behalf and on behalf of, and as trustees for, it’s personnel.
- For the purposes of this clause 4:
- “Liability” means liability in contract, tort (including without limitation negligence and defamation), breach of statutory duty or otherwise
- “Losses” means demands, claims, awards and other losses and expenses (including legal fees) in respect of death, personal injury, loss or damage
- “Personnel” includes partners, officers, employees, agents and representatives.
- Should any claim arise in contract or in tort (including negligence) or otherwise, Pleasure Mystery’s maximum aggregate liability shall in no circumstances exceed an amount equal to the Pleasure Mystery’s Professional Indemnity cover.
- Pleasure Mystery provides a portal for sellers and Buyers to transact. Pleasure Mystery does not hold itself out to have any relationship with any users of the Site and You as a Buyer shall not hold yourself out to having any relationship with Pleasure Mystery other than a user of the portal service.
- Pleasure Mystery are not liable for any interaction between parties using the Site, between seller and Buyer or any other user. Pleasure Mystery take no liability or responsibility for disputes which may arise out of using the Site or from purchasing or selling goods.
- If any of these Terms should be 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.
8. Force Majeure
- Pleasure Mystery shall not be deemed in breach of these terms if they are unable to complete the Services or any portion thereof by reason of fire, earthquake, employment dispute, act of God or public enemy, death, illness or incapacity of Pleasure Mystery or any national or international law, governmental order or regulation or any other event beyond Pleasure Mystery’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Pleasure Mystery shall give notice to You of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
- The formation, construction, performance and enforcement of these terms shall be in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to these terms. You acknowledge that Pleasure Mystery will have no adequate remedy at law in the event You use the deliverables in any way not permitted hereunder, and hereby agree that Pleasure Mystery shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.
- Pleasure Mystery may, from time to time amend or change these terms. Any amendments shall be made to You in writing.