These Terms and Conditions lay down the applicable conditions to executed transactions by EXCITASY and their Purchasers, and they regulate the rights and obligations of the contracting parties, prevailing over any non-imperative legal dispositions.
The navigation on the website www.excitasy.com, and the purchase of any product, implies the approval of these Terms and Conditions.
EXCITASY may, at any time, change in whole or in part, the Terms and Conditions here presented.
The Purchasers need to be trade companies that have been legally constituted or independent entrepreneurs and they need to have a proof of their condition so they can order the products.
EXCITASY reserves itself the right to require additional documentation that can prove the Purchasers quality and refuse the sale to those who don’t fulfil this requisite.
2 - CONTRACT PERIOD AND CHANGES
The demands, contracts and delivery orders/programs, as well as its changes or postponements, should be always performed in writing.
The written requirement is considered to be complied to in case there has been a data, electronic or fax communication between EXCITASY and their Purchasers.
3 - PRODUCT
EXCITASY commercialize erotic products with exclusively adult content, allowed according to the applicable law (Decree-Law no. 254/76 of April 7th, changed by the Decree-Law no. 653/76 of July 31st and Decree-Law no. 174/2012 of August 2nd dissolved by the Decree-Law no. 10/2015 with the exception of article 3).
The products properly identified on the catalogues can be purchased on EXCITASY's website.
The selection of the products that are objects of transaction, as well as their use, function or destination, are entirely the responsibility of the Purchasers.
4 - SUPPLY
The Purchaser is required to place an order through EXCITASY's website. For such, he should make his registration on the «CREATE ACCOUNT» form, filling all the solicited information for this purpose.
The client registration and/or order do not exempt the reading and acceptation of the present Terms and Conditions.
By making an order through the EXCITASY’s website, the Purchaser manifests his total and complete acceptance of the general sales conditions, the prices and the description of the products involved in the transaction.
5 – TRANSPORTATION
The delivery/transportation methods available are:
a) Personal pickup (situation where the Purchaser conducts himself to the EXCITASY facilities, or tasks another, at his expense, to proceed with the pickup);
b) Delivery by the transport indicated by EXCITASY.
In case the purchaser chooses the delivery of the goods through EXCITASY's carrier, the price and delivery times are automatically calculated on the website in a way that the purchaser gets to know immediately the shipping costs and the delivery time.
6 - DISPATCH NOTIFICATION AND INVOICE
After the completion of your order, and according to the payment method you’ve chosen, EXCITASY issues and sends the invoice to the Purchaser.
The delivery time of the ordered products shows up on the website the moment you finish your buying process.
This period is merely an estimate and never 100% precise, which means that EXCITASY cannot be asked for any responsibility concerning the delivery of the goods outside the delivery time initially indicated.
7 – FORCE MAJEURE ON DELIVERY
EXCITASY will not be held responsible by any delays on the deliveries, in case of force majeure, non-culpable interruptions of business activity, situations of general disorder, war, natural catastrophes, governmental measures and other inevitable developments, as long as these circumstances occur.
This disposition is also applicable in case of professional conflict.
8 - PRICES AND TRANSFER OF RISK
Following the transparency of price policy, EXCITASY exposes and provides the Purchasers and other partners the price lists and the corresponding selling conditions, in accordance with article 4 of the Decree-Law no. 166/2013 of December 27th, which is what it does through the present Terms and Conditions and other information exposed on the website.
All the products have the prices in Euro (€), and it does not include the IVA tax in effect.
The products with discount are properly identified with the regular price, the discount rate and the final price.
9 - PAYMENT CONDITIONS
EXCITASY provides the following payment methods:
In cash or cheque, in person, at the EXCITASY offices.
10 – WARRANTY
All the products are sold with the quality they have and, in the condition, they are in at the time of selling. The purchaser should verify that the goods don’t have any flaws, that the order is correct and complete at the moment of reception.
Any complaint about any defect or malfunction of the product should be done through EXCITASY´s website, on the correct form created for that purpose. – See Exchange & Returns Policy.
11 – PRIVACY
We are committed in protecting your privacy as well as other users.
Regarding any information we process, we seek on using the most effective safety measures having the assurance of your maximum protection at sight.
When you provide us information, you confirm that we may proceed to its process in order to manage and provide the services by you requested.
12 – TITULARITY AND INTELLECTUAL/INDUSTRIAL PROPERTY
All rights related to EXCITASY, including all the rights of intellectual/industrial property, such as, commercial names, brands and distinctive signs, its graphisms, codes and informatic programs are property of Bystart, Lda.
Punctually, the Rights of Intellectual/Industrial Property may be used by third parties, under authorisation.
It is expressly forbidden the reproduction, distribution, trading, change and/or transformation of the contents without Bystart, Lda. expressed consent and/or by third parties, holders of the respective rights of intellectual/industrial property.
13 – PROTECTION OF PERSONAL DATA
The personal data on EXCITASY website are protected under the Regulation(EU) 2016/2017 from European and Council Parliament, of Abril 27th of 2016, regarding the protection of natural persons on what concerns the treatment of personal data and the free circulation of that data and revokes to the Directive 95/46/CE (General Data Protection Regulation).
On Law terms, it is assured to the Costumer, the Right to access, correction and erasure of personal data. Right to treatment limitation, right to oppose to the treatment and right to personal data portability. – See Privacy and Transparency Policy.
14 - COMPETENT JURISDICTION
The District Court of Braga is the competent authority concerning all the matters related to the present contract.