Terms & Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Sensual Surprises Apparel. The collective work includes works that are licensed to Sensual Surprises Apparel. Copyright 2012, Sensual Surprises Apparel ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Sensual Surprises Apparel or purchasing Sensual Surprises Apparel products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Sensual Surprises Apparel or to purchase Sensual Surprises Apparel products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Sensual Surprises Apparel. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Sensual Surprises Apparel used in the site are trademarks or registered trademarks of Sensual Surprises Apparel.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sensual Surprises Apparel disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sensual Surprises Apparel does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Sensual Surprises Apparel does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Accuracy of Information
We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be incomplete, inaccurate or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this website. For example, products included on the website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Limitation of Liability
Sensual Surprises Apparel shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Sensual Surprises Apparel has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Sensual Surprises Apparel product is mistakenly listed at an incorrect price, Sensual Surprises Apparel reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Sensual Surprises Apparel reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Sensual Surprises Apparel shall issue a credit to your credit card account in the amount of the incorrect price.
Termination of Terms
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Sensual Surprises Apparel without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Sensual Surprises Apparel may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sensual Surprises Apparel.
Your use of this site shall be governed in all respects by the laws of the state of Illinois, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Sensual Surprises Apparel products) shall be in the state or federal courts located in Kane County, Illinois. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Sensual Surprises Apparel products) must be commenced within one (1) year after the claim or cause of action arises. Sensual Surprises Apparel's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Sensual Surprises Apparel may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sensual Surprises Apparel or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Sensual Surprises Apparel does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Sensual Surprises Apparel is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Sensual Surprises Apparel reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Sensual Surprises Apparel in its sole discretion.
You agree to indemnify, defend, and hold harmless Sensual Surprises Apparel, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Sensual Surprises Apparel may link to sites operated by third parties. However, even if the third party is affiliated with Sensual Surprises Apparel, Sensual Surprises Apparel has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sensual Surprises Apparel. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sensual Surprises Apparel seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained in this website. You will receive an order confirmation within 5-10 minutes of placing your order. If you do not receive this order confirmation, please check your spam folder. Orders placed after 2pm central time on Friday will not be processed until Monday. Orders will not be processed during holidays (Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the day after, Christmas, and New Years Day). Please allow 24-72 hours for order processing for in-stock items. This does not include custom made or made to order items.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained in this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. For packages that cannot be delivered due to an incorrect address or if the recipient has moved, there will be a $15 re-routing fee in addition to any new shipping charges. Please note, UPS requires a street suffix (Street, Road, Lane, Avenue, etc), so please double check your shipping address before final checkout. If a package is refused, there will be a 20% restocking fee in addition to all shipping charges. If there are any non-returnable items that have been refused; this includes all made to order and custom made items, there will be no credit given for these items. By choosing an express shipping method, this will reduce shipping time, but may not always reduce order processing time. Express orders are given a higher priority, but please allow up to 48 hours order processing time for express orders.
We have partnered with Bongo International to service our customers Worldwide!
Bongo International provides our customers with their very own US address. Once you have a US address, you will be able to make purchases with us as well as other US based online retailers. Bongo receives your purchases and logs them into their online system which you can use to view your items and consolidate them with multiple orders.
International customers can save up to 82% off typical international shipping rates by following these four easy steps:
|Register with Bongo and receive a U.S. shipping address.|
|Enter the Bongo address as both your billing and shipping address.|
|Use the credit card that you have on file with Bongo as the payment method.|
|Once the order arrives at Bongo, log into your account to forward to your country.|
Click on the Bongo logo in the corner to get started!
We take great pride giving superior customer service. If you are dissatisfied with your purchase, we offer a 15-day money back guarantee on returnable items, so you can simply return the merchandise to us and we will give you a refund minus a 20% restocking fee. Kindly let us know the reason for your dissatisfaction, as it will help us to improve our products in the future. Please note due to health laws, we do not allow all items to be returned, so if you have any questions regarding a product before ordering, you may contact us at email@example.com. All non-returnable and non-exchangeable items are clearly marked in the item’s description and in your shopping cart. The merchandise must be in new condition, with all tags attached, and in its original packaging. We cannot accept returns of soiled items, nor prepackaged items, including stockings and other prepackaged items. By law, all intimately worn apparel including bras, panties, thongs, swimsuits, etc cannot be returned, so please select these items with care. Also, items that have been worn, washed, damaged, dirty, have had the tags removed, smell like smoke or have pet hair will not be returned under any circumstance. Due to the adhesive nature of NuBra items and adhesive pasties we do not accept returns of backless/strapless bras. Costumes and clearance items are also not returnable. Please request an RMA number by filling out the online form located under the heading Customer Service. Please include the RMA number on a slip of paper with your return/exchange. Customers are responsible for return shipping charges. Please note Sensual Surprises Apparel does not include a return label similar to large department and chain stores. This is for two reasons. First, we feel this practice by other stores is deceptive. Customers believe they are able to return an item for free, that is, with no return shipping fee. This is not typically the case. If the return label is used, your credit card is charged the return shipping fee. It is not free. We are a transparent company and believe all fees should be stated up front, clearly. Secondly, by not including a return label, we reduce waste. If you have any further questions regarding our return/exchange policy feel free to contact us.
In the unlikely event that an order is paid for and not successfully delivered, we require written notification via mail or email in order to help resolve the problem. If you do not receive a response within two business days, please send a second email and phone us at 847.214.5050. Please allow us fourteen business days to research, respond and resolve disputes from the day we confirm, in writing, receipt of your dispute. You must notify us before placing a dispute, otherwise there will be a $20 fee for frivolous disputes.
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
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 our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department.