UNITEDKINGDOM.MEN-PERFORMANCE.COM TERMS AND CONDITION

1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Etracom ltd which own, run and manage unitedkingdom.men-performance.com of Suite 164, 33 Parkway, London, NW1 7PN.
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer`s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer`s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller`s Website. The Price is inclusive of VAT. The Price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer`s PAYPAL shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email any delivery information.
4.4 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods.

5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6 AGE OF CONSENT
6.1 By placing an order at unitedkingdom.men-performance.com, you declare that you are at least 18 years of age. By entering and viewing this website you also must be at least 18 years of age.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

7 WARRANTY
7.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer`s purpose.
7.2 All goods sold through this site are sold as 'novelty goods'. The vendor Etracom Ltd (trading as uk.men-performance.com) cannot be held responsible for any injury caused by improper use.

8 DELIVERY
8.1 Goods supplied within the UK will normally be delivered within 6 working days of receipt of order.
8.2 Goods supplied outside the UK will normally be delivered within 25 working days of receipt of order.
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.5 Delivery of the Goods shall be made to the Buyer`s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

9 CANCELLATION AND RETURN (see more)

The European Consumer Protection (Distance Selling) Regulations 2000 states that you as a client have the full right to cancel any order without giving a reason within 7 days of purchase. www.men-performance.com returns and Exchange Policy 10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller`s agents or employees.

11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

12 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time. This right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

13 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

9.1 When you place an order with www.unitedkingdom.men-performance.com you can cancel an order within 7 days for a full refund.

You have the option to exchange products for any reasons for up to 7 days after purchase as long as your products are unused, unworn and unopened. If you have ordered something in error, or decide that you don't want it, you may return it to us at your expense for a replacement within 7 days. For hygiene reasons men-performance.com will under no circumstances accept returns of condoms, creams, lubricants, massage oils if they have been opened and or used… Unless the returned items are defective, you have to send them back to us at your own expense and you we will only issue a full refund if the items (including packaging and accessories) have not been significantly damaged.

9.2 Returning a defective or faulty item to men-performance.com

If the product is defective, please give an exact description of the fault and return it in its original box with all manuals, tags, batteries and accessories for a full refund or replacement within 7 days of purchase. All returned products are tested and will be sent back to you if they are working. Please thoroughly clean all returned defective products and wrap them securely in a plastic bag, in the original product box and pack them safely.

9.3 How long will it take until I get my money back?

The European Consumer Protection (Distance Selling) Regulations 2000 require us to say that your money will be returned within 30 days of cancellation.

9.4 Instructions on how to return goods to Etracom Ltd

Before you return the goods to Etracom Ltd you must inform us by either emailing men-performance.com at sales@etracom.co.uk or by giving us a call on 08455576623 and we will be happy to issue you with a returns number. Once you have done this please enclose a note giving the reason for the return, including all orders details and wrap the package securely and send it to the address below. You should also include a copy of the original delivery note in the package. This allows us to process your request for a refund or an exchange much faster. Where you do cancel your order, you are under a duty (until the goods are returned to us or collected by us) to retain possession of them and to take reasonable care of them. There is no need to return your item by Special Delivery or Recorded Post, but you are advised to obtain a certificate of posting (for proof). If the item is lost and you cannot prove that you sent it will not be able to offer you an exchange or refund. If you are returning an item you should send it to this address:

Etracom Ltd - Suite 164, 33 Parkway - Camden Town - NW1 7PN London - London - United Kingdom This returns policy does not affect your statutory rights. If you have any further questions regarding our returns policy, please read our Terms & Conditions or communicate with us via telephone or email. We will be happy to answer any of your questions