TERMS AND CONDITIONS
Please read the following terms and conditions of YesWeCan Products Online Service Agreement carefully. By accessing the information on YesWeCan Products site, you confirm that you understand, accept and agree to be bound by the terms and conditions of this Agreement. If you do not wish to accept these terms and conditions, you may not access YesWeCan Products site. All references to YesWeCan Products in this agreement shall include (but not limited to) the www.sextoysdiva.com web site, YesWeCan Products, LLC, and its directors, officers, employees, consultants, shareholders, agents and attorneys as applicable. Access to YesWeCan Products is restricted to individuals 18 years of age and older.
Product Return Policies:
- All sales are final. Due to the nature of the products being sold, we do not accept returns or exchanges.
- Damaged and defective products can be returned or exchanged, free of charge within thirty (30) days of receipt of the product.
- Shipping charges for returns or exchanges of unwanted items cannot be refunded.
- Opened electronic media products (DVDs, CDs, video or audio tapes), liquid products (oils, lubes, toy cleaners, bath and body products) and batteries cannot be returned.
- In the event that liquid products were damaged or leaked during shipment, we will replace these items at no additional cost to you. If this occurs, please contact our Customer Service immediately upon receipt of the product; replacements for liquid items are available within a few days of expected delivery date.
- For all orders, please allow up to three (3) weeks to receive your replacement item(s) or refund.
Returning Videos :
Due to the ease of duplication, video and audio discs (DVDs and CDs) are returnable only if the seal is unbroken. You may return unopened videos for up to ninety days after purchase. In exchange, you will receive either a store credit in the amount of the purchase (minus the cost of shipping and handling) or a replacement item of the same value. We can only accept opened videos for return if they are broken or defective, in which case we will send you another copy of the same video at our cost. We cannot offer credit or an exchange for a different product for any video that has been opened. Before you return any item, please contact our Customer Service Department at (800)387-0336 M-F 8am-4pm EST or email our support department at YesWeCan@Solutionbox.com.
In your return package please include:
- The packing slip
- A note explaining the problem
- A note stating whether you would like a refund or an exchange for another item.
- Please allow up to three (3) weeks to receive your replacement or refund.
- We are dedicated to carrying only the highest quality products and maintaining attentive customer service. We hope you have been and will be happy with our services.
We cannot guarantee that a product listed as "In Stock" will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. If any selected merchandise is temporarily out of stock, we will notify you immediately by email and advise you of the timeframe which you can expect to receive the package. Please note: Any items not in stock when you place your order will be shipped immediately when received from the manufacturer at no additional cost.
Back-ordered merchandise includes items that are not currently in stock. In most cases, these items are on order from the manufacturers. When we receive the product, we notify you by email and ship it to you promptly. Back-ordered products usually come into stock within one to four weeks but can occasionally take longer. If your order is not ready to ship within thirty (30) days, we will send you an update by email. If, for any reason, we determine that a back-ordered item will no longer be available, we will notify you immediately by email, cancel the item from your order and delete the item from our catalog.. If payment was made by check, credit card or money order, your credit will be placed in your YesWeCan Products account and will be automatically applied to your next order. If you prefer a check refund, please contact us by fax at 800-387-0336 to request one.
Customs and Import Duties Information:
You may be subject to import duties and taxes, which are levied once the package reaches your country. Additional charges for customs clearance must be borne by you; YesWeCan Products has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. Additionally, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. It is your responsibility to know the laws of your country and community as they apply to adult products. We will not be held responsible nor will we issue credit for items seized by the customs service of any country nor will we be responsible for any legal costs that you may incur in your attempts to recover products from customs officials.
YesWeCan Products will make every effort to respond to your customer queries, feedback and order information as quickly as possible. However, due to fluctuating order volume, there may be delays in our response time to your request. Please submit any requests by using the email forms located on our 'Contact Us' page, and throughout the site. If you prefer, you can also fax us at (800)387-0336.
PROMOTIONS TERMS AND CONDITIONS
Promotions are: Sales, Deals, Kits, Fantasy Baskets, Coupons and Discount Codes. We may introduce other price-reducing incentives intermittently, which will also fall under these terms and conditions.
Only one promotion can be applied to each product purchased from the website. For example: if you have a coupon discount code applied to a product and you consider purchasing that product in a deal or a kit (with a bundle of several other eligible products for the discounted price that applies to the deal/bundle), then you must choose which promotion to apply. You can purchase the product by choosing the kit or you can purchase each product from the kit a la carte and then apply the coupon to the selected product only. Please select the most effective option for your purchases.
Expiration date. All promotions have an expiration date and time. You must place your order before the expiration date / time. We do not guarantee promotions after the expiration date. All promotions offered are subject to availability..
Information Collection and Use:
YesWeCan Products is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. YesWeCan Products collects information from our users at several different points on our website. YesWeCan products may use any information you provide for marketing and/or other purposes it believes benefits the commercial activities of YesWeCan Products. You may opt-out of our mailings at any time as provided in this agreement.
If a user chooses to register with our site, a user is required to give the following: a unique password, a unique user name and an optional email. This information is used to contact the user about the services on our site for which they have expressed interest.
We request information from the user on our order form. Here, a user must provide contact information (like name and shipping address) and financial information (like credit card number and expiration date). This information is used for billing purposes and to fill customer's orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
A cookie is a piece of data stored on the user's hard drive containing information about the user. We may add cookies to your hard drive and use them to verify you are logged in, to provide you with a better shopping experience, and occasionally to collect demographic and technical information which is in no way linked to personal identifiable information.
Log Files: We may use Log Files to identify IP addresses, browser type, domain name, date and time users have accessed YesWeCan Products.com. The data is used to analyze trends, administer the site, track users' movements, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. We use an outside drop shipping company to supply and ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. We may, from time to time, partner with other parties to provide specific services that are of value to our users. Users of our site will always be notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party, other than the drop shipping company and credit card company. When the user signs up for these services, we will share names or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services. We do not disclose any personally identifiable information about our users in our forums or in our messaging system. We inform our users through these Terms and Conditions to be aware that if they voluntarily choose to disclose any personally identifiable information about themselves, that might increase their chance of receiving unsolicited emails from others. When any user is in any private chat room we may maintain with one of our experts getting advice, no other user can view their chat. When a user sends a question to one of our experts via email, should we decide to offer that service, we may post that user's question and our expert's answer only after making sure that there is no personally identifiable information about the user.
We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our website.
This website may contain links to other sites. Please be aware that YesWeCan Products is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.
You may use the methods provided on the ’contact us’ page to contact us directly with any questions or comments you may have. We will read every message sent in. We directly respond to messages related to customer orders. For all messages that do not relate to customer orders, we may file your comments to improve the site and program, or review and discard the information. Your personal information is only shared with third parties with your explicit permission.
If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. We may contact subscribers from time to time with advice, information or offers we believe may be of value to you.
Surveys and Contests:
From time to time, our site requests information from users by surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code and age). Contact information will be used to notify the winners and award prizes. By law, we are required to post the names of contest winners; please be aware of this prior to entering into any of our contests. Survey information will be used for purposes of monitoring or improving the use of this site and the users' satisfaction
When users submit sensitive information through the website, their information is protected both online and offline. Our staff will not disclose any customer information, names or purchasing information to anyone outside of YesWeCan Products, unless required to do so by law or according to other sections of this document. When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted. While on a secure page, such as our order form, the lock icon on the bottom of web browsers such as Mozilla Firefox and Microsoft Internet Explorer becomes locked, as opposed to unlocked, or open, which is its designation when you are just "surfing." If you have any questions about the security at our website, please submit a Support Ticket.
We may send all new members a welcoming email to verify password and username. Established members will occasionally receive emails with information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users, we may present the option to not receive these types of communications. If this is the case, please review the choices and opt out information below.
Site and Service Updates:
We also send the user site and service announcement updates. Members are not able to unsubscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and with regard to issues relating to her or his account by email or phone.
Correction/Updating Personal Information:
If a user's personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user's personal data provided to us. This can usually be done at the member information page or by emailing our Customer Support. We accept no reponsibility whatsover if you fail to update your personal contact details and products are delivered incorrectly as a result of this.
YesWeCan Products provides its users with the option of opting out of all mailings. Therefore, when there is a choice of using information for purposes other than what the information was originally collected for, YesWeCan Products will present the user with an opt out box. Users who no longer wish to receive our newsletter or promotional materials may opt out of receiving these communications by replying to unsubscribe in the subject line in the email or submit a Support Ticket. These are the only available opt-out options available.
Notification of Changes:
Discreet Product Shipping and Customer Billing:
To further ensure your privacy, all of YesWeCan Products's products are delivered in plain boxes, which list yesWeCanProducts, LLC as the return address (and not SexToysDiva). Moreover, on your credit card balance statements, all charges to your account by YesWeCan Products are also listed as YesWeCan Products, LLC. YesWeCan Products cannot accept any responsibility if third parties involved in the delivery of the product disclose our website, sextoysdiva.com, or the nature of the product, to any persons taking receipt of the delivery. However if we ever become aware of such an event, we will take immediate steps to stop it happening again.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of YesWeCan Products or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of YesWeCan Products and protected by U.S. and international copyright laws. All software used on this site is the property of YesWeCan Products or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited and YesWeCan may take necessary legal action if it believes that its copyright has been infringed.
YesWeCan Products, SexToysDiva.com and other YesWeCan Products graphics, logos, and service names are trademarks of YesWeCan Products, LLC. YesWeCan Products's trademarks may not be used in connection with any product or service that is not YesWeCan Products's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits YesWeCan Products. All other trademarks not owned by YesWeCan Products or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by YesWeCan Products or its affiliates.
Use of site:
You may use or download material displayed on this website for noncommercial, personal use only. You must retain all copyright and other proprietary notices displayed on the materials contained in the website. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written permission by YesWeCan Products. You may not use any "page-scrape," "grabber," "spider," "robot," "deep-link" or any other program, automatic device, algorithm or methodology which accomplishes the same things, in order to access, acquire, copy, or monitor any portion of this website. Any use of the website which results in the depletion of website infrastructural resources is prohibited. When you use the website for an authorized purpose, you should include all proprietary notices without changing or hiding them. YesWeCan Products and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including and without limitation, if YesWeCan Products believes that customer conduct violates applicable law or is harmful to the interests of YesWeCan Products and its affiliates. Please check these Terms from time to time, as YesWeCan Products may change the Terms without notice and such changes are effective as of the time of posting.
18 U.S.C. 2257 Compliance Notice:
Images of all models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in the YesWeCan Products’ web sites (the "website") were supplied by our suppliers and therefore we cannot verify the ages of the models. However if we ever become aware of any transgression we will immediately cease using said images. All other visual depictions displayed on this website are exempt from the provision of 18 U.S.C. §2257 and 28 C.F.R. 75 because any of said visual depictions which appear to be of sexually explicit conduct is merely simulated. YesWeCan Products is not the primary producer (as that term is defined in 18 USC §2257 and 28 C.F.R. 75 or subsequent case law defining such) of any of the visual content contained in the Website. The original records required pursuant to 18 U.S.C. §2257 and 28 C.F.R. 75 for the materials contained in this website are, we believe, kept by the Custodian of Records for each of the primary producers.
18 years and older:
This website is intended solely for viewing by an adult audience. By continuing to view any material contained within this website, you are stating and acknowledging that: You are an adult over the age of 18. You will not allow anyone under the legal age of 18 to have any access to materials contained within. You are voluntarily continuing to view this site and will be exposed to material of an adult nature. If you are not comfortable with this, please close this page.
Reviews, comments, stories:
YesWeCan Products may enable its users to post reviews, comments, stories and other content to the site. By posting reviews, comments, stories or other content to the site, you grant YesWeCan Products and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivatives works from, distribute and display such reviews, comments, stories or other content throughout the world using any media. By submitting your name with any review, comment, story or other content to YesWeCan Products, you expressly state that you grant YesWeCan Products and its affiliates and sub-licensees the right to use the name that you have submitted. You further state and warrant that your posting of reviews, comments, stories and other content to YesWeCan Products site as well as any future usage, reproduction, modification, adaptation, publishing, translation, creation derivatives works from, distributing and displaying will not infringe upon or violate the rights of any third parties. You further state and warrant that the holder of any rights, including, but not limited to, moral rights to such content, has completely and effectively waived all such rights and validly and irrevocably granted you the authority to grant the license as described above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on YesWeCan Products site retains any and all rights that may exist in such content.
Risk of loss:
All items purchased at YesWeCan Products are being shipped in accordance with a carrier's shipping contract. This means that the risk of loss and the title to such items is going to be passed to the purchaser of the product upon our delivery to a carrier and the purchaser will indemnify YesWeCan from any legal action they may take against the shipping carrier for loss or damage of goods.
Registration and Password:
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify YesWeCan Products of any unauthorized use of your registration or password.
Liability Limitation & Disclaimer Of Warranties:
Information or advice received from this Web site should not be relied upon for personal, medical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.
The company, its directors, officers, agents, affiliates, employees make no representations about the reliability, accuracy, suitability or timeliness of the content, products or services accessible through the site. All information and services are provided "as is" or "as available" without warranty of any kind, and products are provided solely with a limited warranty. Other than the limited warranty for products described above, the company hereby disclaims all warranties and conditions with regard to the information, products and services available through this site, including (without limitation) all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall the company, its directors, officers, agents, or it’s employees be liable for any direct, indirect, incidental, special, consequential, punitive or any other damages whatsoever. Without limiting the foregoing , the company shall not be liable for any damages for loss of data, loss of profits or loss of use in any way connected with the use or performance of the site, the delay or inability to use the site, or for any content, products or services obtained through the site. The company shall not be liable for any such damages, whether based on contract, tort, strict liability or otherwise, even if the company, its directors, officers, agents, employees or any of its suppliers has been advised of the possibility of damages.
By using this site you acknowledge that YesWeCan Products, LLC does not manufacture the products, and is not responsible for any consequences of their use.
You agree to fully defend and indemnify YesWeCan Products from any legal action arising out of your illegal uses of YesWeCan Products and/or its products or services. YesWeCan Products may contain links to websites operated by other parties. Other websites may provide a hypertext link to YesWeCan Products. YesWeCan Products is not responsible for the content or performance of those websites. YesWeCan Products does not operate or control those websites, and does not endorse or warrant any information, products or services provided through those websites.
This Agreement is governed by the laws of the United States and of the State of California. Unless otherwise decided by YesWeCan , any claim, dispute or controversy of any kind, in any way arising out of or relating to the Site, this Agreement, or any purchase made through the Site (excepting any claim, dispute or controversy relating to intellectual property rights) shall be subject to exclusive, final and binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in San Francisco, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. You agree that any cause of action you may have with respect to your use of the Site, this Agreement or any purchase made through the Site must be commenced within one (1) year after the claim or cause of action arises.
In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms.
This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Web site. It supersedes all prior oral or written understandings and agreements relating to use of this Web site. Company's waiver of any provision of this Agreement shall not be deemed to waive it for the future.
You agree that we may, in our sole discretion, at any time and without cause, may terminate your use of the Site or any portion of the Site, without liability to you. Without limiting the survivability of other Sections, specifically Sections entitled Liability Limitation & Disclaimers of Warranty, and General will survive any termination of this Agreement.