Sellers Terms and Conditions

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 sell goods and advertise on the Site (“Seller”, “You”) and sets out the relationship between Pleasure Mystery and You (“You”, “Your” or “Seller”).

By using this website and our Service, You acknowledge and agree to these Terms and Our Privacy and Cookie Policy. If You do not agree with these Terms, please do not use this site. By engaging in our services You are bound to and are deemed to have understood the following;

  • Pleasure Mystery provides an independent Site which allows Sellers to sell adult related items and buyers to purchase the same.
  • Pleasure Mystery forbid the exchange of any pornographic and illegal materials and products
  1. Registration
    • Sellers must apply to register an account with Pleasure Mystery. Upon completing the application form, Pleasure Mystery shall process the application and contact the Seller once the application has been accepted.
    • At present, only Sellers within the United Kingdom and Europe may apply for an account with Pleasure Mystery. However, once approved, Sellers may sell their items to buyers in any location
    • Registration to use the site shall require a username. 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.
    • Products sold by the Seller shall be screened before being given approval to sell. However, acceptance to sell an item does not mean that it is legal, or that it complies with the relevant laws.  Pleasure Mystery do not provide any liability to the Seller or the Buyer that items are sellable, new, free from breach or fit for purpose.
    • Sellers must be over the age of 18 and any Sellers found to have provided false information shall be immediately removed from the site.
    • Account applications shall be processed within 48 working hours.
  2. 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.
    • Sellers are in no way affiliated with or connected to Pleasure Mystery in any way.
    • Sellers and Buyers are not validated by Pleasure Mystery.
    • Pleasure Mystery’s terms and conditions only govern this Site and Pleasure Mystery’s liability and responsibilities, as such, Sellers should ensure that they provide buyers with their own terms and conditions, shipping policies and returns policies.
    • Pleasure Mystery does not endorse or guarantee any items sold by You and does not provide any testing or standards against which items sold, are held.
    • Purchases are at the complete discretion of the buyer.
  3. Items for Sale and Forbidden Items
    • Pleasure Mystery provides a marketplace for the sale and purchase of adult toys, accessories and garments. As such only items that fall within those categories may be sold.
    • Items must meet the UK & European manufacturing standards as well as any other laws and legislations for the territories in which items are sold.
    • Items must be original products, must not breach any trademark, intellectual property rights, license or other such laws and be considered fit for purpose.
    • Where relevant or necessary, warnings must be clearly provided on goods
    • Products must only be sold to buyers over the age of 18. Where a Seller suspects a buyer to be underage, they should report the buyer to Pleasure Mystery immediately.
    • Seller are forbidden from selling and advertising any items which may be deemed to be pornographic, immoral or illegal.
    • Where an item is reported under clause 2.6 above, the item shall be immediately removed, and the Seller shall be removed from using the portal. In some cases, where goods are illegal, the Seller may be reported to the relevant authorities.
    • Goods should comply with ethical manufacturing policies and should be safe for their intended purpose.
    • Used goods may not be sold. All goods must be new and sealed.
    • The items should be priced at par with the prices on the Sellers website and other competing portals. Products cannot be sold at a higher price on Pleasure Mystery.
  4. Disputes
    • Pleasure Mystery shall not be responsible for any disputes arising between the buyer and Seller under any circumstances.
    • Sellers should provide their own terms and conditions and policies to buyers.
    • Pleasure Mystery provides a portal service where the Seller may sell items for purchase by buyers. As such, Pleasure Mystery shall not be liable or hold any responsibility for the interaction between the parties using the site, or for any disputes which may arise between them.
    • All disputes directed to Pleasure Mystery shall be redirected to the Seller directly.
    • Where Sellers refuse to deal with disputes, or have consistent disputes reported by buyers, Pleasure Mystery, reserves the right to remove the Seller and close their account
  5. Responsibilities and Obligations
    • As Pleasure Mystery do not validate or test goods, it is Your responsibility to ensure that the product(s) you sell are suitable for the user. Pleasure Mystery cannot be held liable or responsible for any injury caused by use of a product
    • Where appropriate, Sellers should advise buyers if the use of goods may require the authorisation of a medical expert
    • Pleasure Mystery is an adult goods site and as such, Sellers and buyers must be over the age of 18. You agree to truthfully provide confirmation of your age upon registration of the Site.
    • Sellers may sell to buyers in any territory but must abide by the laws of such territory. Pleasure Mystery shall not be held liable for any consequences arising out of the sale or distribution of forbidden or illegal items.
    • Sellers found to be selling illegal or immoral goods shall be reported, along with the buyer to the relevant authorities, and shall be forbidden from using the portal in the future.
    • Sellers shall not deal with buyers outside of the Pleasure Mystery portal unless they are registered to another portal or have a shop/website of their own. In this instance, prices should not be higher on Pleasure Mystery, than they are elsewhere.
    • Pleasure Mystery reserves the right to terminate any account, without notice for any reason.
    • Where Pleasure Mystery is alerted to any item which is in breach of any laws, legislations, trademarks, intellectual property rights, licences, design rights or other such legally binding rights, Pleasure Mystery, shall reserve the right to remove the item from the Sellers account and may, at their discretion, place the Sellers account on hold until such a time as the Seller either removes such items in full, or satisfies Pleasure Mystery that no other items sold on their account breaches any such laws.
  6. 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 You. Should we explain them the return process ?
    • Under the laws of England and Wales, unopened, unused items or faulty goods may be returned for a full refund within 14 (fourteen) days of purchase in accordance with the Distance Selling Regulations 2015. You may provide your own return policies incorporating this regulation.
    • Upon cancelling an order, within the time frame given in clause 3.2, You must provide the buyer with confirmation, in writing of the cancelled order.
    • The process of returning items and cancelling orders must be managed between You and the Buyer and Pleasure Mystery shall not be involved in anyway, in this process.
    • Sellers must contact the buyer requesting to cancel an order or return an item within a reasonable period of time.
    • Sellers shall decide how items are returned to them and who is required to pay for such returns. Pleasure Mystery shall not bear any liability to lost, stolen or unpaid items.  Disputes shall be solely between the Buyer and Seller.
    • Returned goods should be sent directly to You. Pleasure Mystery shall not accept any returned items, nor any liability for such items. Where items are sent to Pleasure Mystery, the Seller shall be responsible for either redirecting the items, collecting the items or paying for their postage, in the event that Pleasure Mystery accepts the return.
    • Nothwithstanding clause 3.7 above, Pleasure Mystery are under no obligation whatsoever to accept any items being returned and may reject such items. As such, Sellers should clearly disclose their return and cancellation policies to buyers.
    • 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. Pleasure Mystery shall not respond to any such queries.
  7. Content and Uploading
    • Sellers shall be required to upload descriptions and photos of their products on to the portal. Sellers agree and accept they shall not upload any content which may be considered to be pornographic, immoral, obscene, in violation of any third party’s privacy or legal rights (such as trademarked, intellectual property rights and copyrights), false, misleading, threatening or defamatory.
    • Content uploaded to the site should not be misleading, inappropriate or false and Sellers shall do their utmost to ensure that all content relating to products for sale is as accurate and truthful as possible.
    • Sellers who are found to be in breach of clause 4.1 above, or have been reported to be in breach of clause 4.1 above, shall be removed or temporarily suspended from accessing their account.
    • Sellers understand that photos and content uploaded to the site shall become available to Pleasure Mystery and that Pleasure Mystery retain the right to use such content for advertisement, or marketing purposes.
    • Where the Seller is uploading photos to the site, such photographs should be of the product, should be accurate and any variation in product should be disclosed.
    • Sellers should ensure that content uploaded to the site is free from any virus’.
    • Pleasure Mystery shall not check content other than on a random basis. As such, Pleasure Mystery cannot be held liable and accepts no responsibility for any incorrect information or errors within the content uploaded.
    • By uploading content, Sellers are granting a license to Pleasure Mystery. Pleasure Mystery shall not claim ownership or any other rights whatsoever, to any content uploaded to the site by Sellers.  However, by uploading content, Sellers understand and agree that Pleasure Mystery shall, from time to time, where deemed appropriate use content for advertising and promoting the site.
  8. Shipping and deliveries
    • Sellers are directly responsible for the shipment of goods they sell. As such, shipping times, prices and other related information should be provided to the buyer.
    • Sellers should endeavour to honour all shipping information provided and should provide the buyer with any additional estimation of taxes or duty to be paid upon items which are being sent outside of the UK.
    • Pleasure Mystery do not accept any liability for lost or stolen shipments or for unpaid taxes or duties. Sellers should communicate directly with the Buyer in relation to any issues or information regarding shipments.
  9. Payments and Fees
    • Pleasure Mystery shall charge a fee of 10% of each sale (“Commission”). Commission payments shall be deducted from the payment received from the buyer prior to the balance being forwarded to the Seller.
    • Payments shall be taken from the buyer through PayPal. PayPal’s own terms and conditions apply to any payments made through them and to timescales and disputes. Pleasure Mystery do not accept any liability for the loss, delay or underpayment of any transaction.
  10. 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.
    • All content used by Pleasure Mystery, aside from that belonging to Sellers, is the property of, or licensed by Pleasure Mystery. To use such content without Pleasure Mystery’s express permission shall be an infringement on Pleasure Mystery’s legal rights and ownerships.
  11. Relationship
    • 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 Seller 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.
  12. Copyright and Intellectual property
    • The Seller understands that content other than which they hold the copyright to themselves, is subject to copyright laws and Sellers must not use such content elsewhere unless expressly given permission by the copyright holder.
    • All logos, tag lines, images and content belonging to Pleasure Mystery is either subject to copyright laws, trademarks or is licensed to Pleasure Mystery. As such, use of such content is a direct violation of those laws and Pleasure Mystery shall take action against any infringement in the appropriate manner.
  13. Termination
    • Sellers may terminate their account at any time, for any reason by logging into their account and accessing the settings area.
    • Content which is available at the time of termination will remain online unless removed by the Seller.
    • Where the Seller terminates their account, any outstanding disputes. Payments or fees shall remain the Sellers responsibility and Sellers shall still be liable for all refunds, returns and communications with and to buyers.
    • Pleasure Mystery may terminate a Sellers account at any time, without notice in the event that they believe the Seller to be in breach of these Terms. Users of Pleasure Mystery do not have any contractual or legal right to use the platform, and as such, Pleasure Mystery may decide to suspend or terminate an account for any reason and without notice.
  14. Severance
    • 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.

12. 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.

13. Jurisdiction

  • 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.
  1. General
    • Pleasure Mystery may, from time to time amend or change these terms. Any amendments shall be made to You in writing.