Terms & Conditions
The Website and company you buy from; hereafter named: Positive Me; is operated by Positive Me.
All inquiries may be directed to:
06-36 00 98 74
Your use of the website and other services and/or goods provided by Positive Me is governed by these Terms and Conditions. Please take a few minutes to review these Terms and Conditions. Your use of the shop.positiveme.nl (or www.positiveme.nl or any of it’s subdomains) website constitutes your agreement to follow these rules and to be bound by them. By placing an order with Positive Me, either through our website, over the phone, or by any other medium, you are agreeing to our Terms and Conditions. You must be 18 years or older, and have a valid payment methode, with full authority to use it, to submit an order for products or services through our website. If you do not agree with any of these Terms and Conditions, please do not use the shop.positiveme.nl (or www.positiveme.nl or any of it’s subdomains) website.
Use of Website
The shop.positiveme.nl (or www.positiveme.nl or any of it’s subdomains) website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Positive Me’s goods and services and/or to otherwise transact business with or contact Positive Me, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). We will not share transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with Positive Me. This policy is intended to protect the privacy and freedom of Positive Me’s customers and the personal relationship Positive Me works to develop with its customers and others authorized to use its website.
Confirmation of Order
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information.
We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order.
You must pay in full by iDeal, credit card or PayPal Secure Checkout in advance when you submit an order through our Website.
Payment will be collected at the time of placing the order. Full payment must be received in advance before any goods are prepared or dispatched. If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by Positive Me. If you are placing an order through a company, we may agree to credit terms via a separate written agreement. Please contact us to make arrangements.
Positive Me cannot confirm the price of an item until after your order is placed.
Pricing errors may occur on the Positive Me website. Positive Me reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Positive Me. Positive Me may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
As all of our products are hygienic products intended for private personal use, all sales are final and no refunds or store credit will be issued.
Orders cannot be cancelled once Positive Me has begun processing the order. In order to promptly deliver your order, the processing of an order commences almost immediately once you have submitted your order. However, should you wish to change or cancel your order, you are welcome to call us to check whether the processing of an order has commenced, and if it has not we may be able to accommodate your request to cancel and will do our best to meet your needs. Any changes to or cancellation of an order can only be made with Positive Me’s prior written approval and additional charges may apply. Any agreement by Positive Me to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Positive Me to that point, and you agree that such amounts may be deducted from any payments previously made to Positive Me. During routine website maintenance, any pricing issues may not be honored and orders may be cancelled and refunded when improper rates are applied.
Accordingly, we encourage you to carefully check your order before submitting it.
The prices displayed on this website are quoted in Euros and are valid and effective only in the Netherlands. Additional shipping and other charges may apply for orders outside of the Netherlands, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order.
Price quotes are good for thirty (30) days.
Delivery will be deemed to have taken place at the time Positive Me places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express, DHL, Hand Delivery) for customer delivery. Positive Me is not responsible for lost, stolen or damaged goods once an order leaves our possession.
If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order is in the hands of the carrier we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for remaining deliveries.
You agree that you own or license the copyright (or are authorized by the copyright owner to send to us and use) any content or images you submit to us for custom work, and you warrant that none of the content or images contain anything which would infringe on any copyright, trademark, design right or other intellectual property right of any third party. We will not check the content of any images provided by you. However, if we believe any image does not comply with these terms, we reserve the right to refuse to use it, without any obligation or liability to you. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone sending any material in breach of these terms.
Images sent to us remain under the existing copyright. By sending us an image you are granting us a license to modify, print, or otherwise use the image in accordance with the details of your order. By placing an order and accepting these terms you are accepting any and all liability for any consequences of Positive Me using the images you supply.
For companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright law, or that any necessary permission for Positive Me to reproduce the images has been obtained.
We may photograph products that we provide to you, including those decorated with a logo or other artwork supplied by you. We may display these photographs on our Website or other advertising media, for Positive Me’s marketing and promotional purposes, unless specifically requested in writing by you not to do so.
Warranty Positive Me warrants that it has the right to provide its products but otherwise the goods are provided on an “as-is” basis, without warranty of any kind, express or implied, oral or written. In particular, but without limitation, no warranty is given that the goods are suitable for the particular purposes intended by you.
Limitation of Liability
To the fullest extent permitted by applicable law, Positive Me shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the goods, nor for any special, indirect, economic or consequential loss or damage however arising or however caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning, or use of the goods sold by Positive Me.
Health responsibilities with regards to use of the product
Use of the products as provided by Positive Me is under your own responsibility. Positive Me is not held responsible in any way, shape or form for any damage in health of wellbeing of you, our customer. Use our products with care and never without consulting a physician or doctor prior to use. If you are diagnosed with urinary, vaginal or anal sickness or any other health issue there or anywhere in the body, consult with your doctor before the use of any of our products. Positive Me cannot be held responsible for what you do with your product and potential damage inflicted by or during use of this product.
The insights provided by Positive Me and other associated websites, goods and services by Positive Me are intended to help women use their minds, bodies, and spirits to create richer lives through their sensual selves. You are not relying on Positive Me or its affiliates and agents to provide medical or psychiatric treatment and that you will not receive medical advice or the diagnosis or treatment of any specific illness or condition or the prescription of medication. To the extent you choose to follow the guidance of Positive Me in seeking transformation as a lifelong path of learning, discovery, and walk to freedom, you take responsibility for determining the applicability of the products and services of Positive Me and for adapting them to your physical and other circumstances. You also accept responsibility for the accuracy of delivery information you provide to the Company and for ensuring that you have internet connection and hardware with software configured to permit you to receive or access services provided by the Positive Me.
Health claims and risks
Positive Me cannot be held accountable or responsible for your use of the products sold by Positive Me. Positive Me does not recommend the use of Yoni Eggs; Vaginal eggs; and all other products for internal use; inside the Vagina for more than a few minutes to do pelvic floor exercises. Positive Me cannot be held responsible or accountable for any health damages such as but not limited to yeast infections, vaginitis, bacterial infections, inflammation, Toxic Shock Syndrome and all other possible diseases, syndromes or other health issues that may arise after use of the Yoni Egg. The use of the Yoni Egg is at your own risk and responsibility. No claims shall be made against Positive Me with regards to the use of the Yoni Egg and consequences suffered from improper use.
Cleaning and disinfection
Positive Me cannot be held responsible or accountable for cleaning and disinfection your Yoni Eggs. Positive Me recommends strongly to disinfect the egg before and after each use with a suitable cleaning product or method. You are responsible for this. No claims can be made against Positive Me with regards to the use and cleaning of the Yoni Egg and consequences suffered from improper use. Check your egg on cracks or impurities before and after each use to ensure safe use of your egg.
Submissions and Use of Community Features
We welcome your comments regarding the shop.positiveme.nl (or www.positiveme.nl or any of it’s subdomains) website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to shop.positiveme.nl (or www.positiveme.nl or any of it’s subdomains) shall be and remain the exclusive property of Positive Me. Your submission of any such Comments shall constitute an assignment to Positive Me of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Positive Me will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Disclaimer This website and all contents of this website are provided on an “as is” basis, without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our website, and that Positive Me shall not be liable for any damages of any kind related to your use of this Website.
Positive Me takes the utmost care and concern for your privacy while you are shopping on our Website. Positive Me does not sell or share any personal information gathered from our Website. In order to process orders we need to obtain certain information such as your name, shipping and billing information, phone number, email and credit card information. Transactions on our Website are secured and our Website does not store your credit card information.
General You agree that: (i) the services being provided and goods sold by Positive Me shall be deemed solely based in the Netherlands; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over Positive Me, either specific or general, in jurisdictions other than the Netherlands.
These Terms and Conditions shall be governed by the internal substantive laws of the Netherlands, without respect to its conflict of laws principles. Any claim or dispute between you and Positive Me that arises in whole or in part from your use of the website shall be decided exclusively by a court of competent jurisdiction located in the Netherlands. These Terms and Conditions, and any other legal notices published by Positive Me on the website, shall constitute the entire agreement between you and Positive Me regarding your use of Positive Me’s website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Positive Me’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Positive Me reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
YOU AND POSITIVE ME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These terms and conditions are available in Dutch. By not requesting these you declare that you have read and understood the English version and agree to accept these terms and conditions. Inquiries of the Dutch Terms and Conditions may be issued to firstname.lastname@example.org.
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