Terms and conditions
Overview
These are the terms of use (“Terms of Use”) for utilizing the sites owned and managed by Yellowow.com. As we broaden our offerings, we may introduce additional sites, and these Terms of Use will extend to govern those new sites too.
Yellowow.com operates this website. Throughout the site, terms such as “we”, “us”, and “our” refer to Yellowow.com. By accessing or using this website, you agree to comply with and be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors, and means you fully understand the conditions of this Agreement, and accept all the information exchanged while purchasing online.
We reserve the right to modify these terms from time to time. Changes and clarifications will take effect immediately upon their posting on the website.
Before using our website, please carefully review these Terms of Service. Your access to and use of the site constitutes your acceptance of these terms. If you do not agree with any part of these Terms of Service, you may not access the website or use any services provided. Your acceptance of these terms is expressly limited to these Terms of Service.
Any new features or tools added to the website will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Intellectual Property
1.1 You may use the Sites only in the manner permitted by this Agreement.
1.2 Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Smile Makers, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Ramblin’ Brands is strictly prohibited.
2. Personal Information
2.1 Whenever you make a purchase from our store, we gather personal details like your name, address, and email address as part of the transaction process.
2.2 As you explore our store, we automatically capture your computer’s internet protocol (IP) address. This helps us gather insights about your browser and operating system.
2.3 Should you grant us permission, we may send you emails regarding our store, latest products, and other updates.
2.4 Likewise, any information or responses you provide will be utilized in an anonymized manner. We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
3. Accuracy, Completeness, and Timeless of Information
3.1 Yellowow.com endeavors to provide accurate and up-to-date information on this site, however, we cannot guarantee that all information provided is entirely accurate, complete, or current. The material presented on this site is intended for general informational purposes only and should not be solely relied upon for decision-making without consulting more primary, accurate, complete, or timely sources of information. Any reliance on the material presented on this site is at your own discretion and risk.
3.2 This site may include certain historical information which may not be current and is provided solely for reference purposes. Yellowow.com reserves the right to amend the contents of this site at any time, however, we are not obligated to update any information provided on our site. You acknowledge and agree that it is your responsibility to monitor any changes made to our site.
3.3 Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information, or cancel orders if any information in the Service or on any related website is found to be inaccurate at any time without prior notice (even after you have submitted your order).
3.4 We assume no obligation to update, amend, or clarify information in the Service or on any related website, including, but not limited to, pricing information, except as required by law. The absence of any specified update or refresh date in the Service or on any related website should not be construed to indicate that all information in the Service or on any related website has been modified or updated.
4. Modification to the service and prices
4.1 Yellowow.com reserves the right to adjust prices for our products without prior notice.
4.2 We retain the authority to modify or cease the Service (or any portion or content thereof) at any time, without notice.
4.3 You acknowledge and agree that we shall not be held liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Service.
5. Product Reviews
5.1 If, upon our request, you submit certain specific submissions (such as contest entries), or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether through online means, email, postal mail, or otherwise (collectively referred to as 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments forwarded to us. We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to provide compensation for any comments; or (3) to respond to any comments.
5.2 While we reserve the right, we are not obligated to monitor, edit, or remove content that, in our sole discretion, we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
5.3 You agree that your comments will not infringe upon any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, nor will they contain any computer viruses or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility and shall have no liability for any comments posted by you or any third party.
6. Age of consent
6.1 By using this site, you represent that you are at least the age of majority in your residence, or that you are the age of majority in your residence and you have given us your consent to allow any of your minor dependents to use this site.
6.2 By approving a purchase on the website, you confirm that you are in compliance with the age restriction.
7. Product Information
7.1 All material and information presented by Yellowow.com is intended to be used for personal educational or informational purposes only.
7.2 All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
7.3 Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for sexual wellness products. Yellowow.com does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource.
7.4 The products available on the Sites and the Interactive Services, including any samples Yellowow.com may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Yellowow.com. Yellowow.com reserves the right to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Yellowow.com in its sole discretion.
7.5 Yellowow.com may limit the number available for purchase, so that as many clients as possible may enjoy our merchandise.
7.6 Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Yellowow.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order)
7.7 Of course, we always strive for sufficient availability of the goods displayed in our web shop. However, we ask for your understanding that we cannot guarantee availability at all times. If a product is temporarily unavailable, we will inform you of this in the order confirmation - stating the new delivery time if necessary. In the event of a delay in delivery of more than four weeks, you have the right to withdraw from the contract. Moreover, in this case we are also entitled to withdraw from the contract. We will immediately reimburse any payments you have already made. If the goods are permanently unavailable, we shall refrain from declaring acceptance. A contract is not concluded in this case.
The delivered goods remain our property until all claims against the customer arising from the purchase contract have been settled in full.
7.8 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7.9 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
8. Optional Tools
8.1 We may grant you access to third-party tools, over which we have neither monitoring nor control, nor any input.
8.2 You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We shall bear no liability whatsoever arising from or relating to your use of optional third-party tools.
8.3 Your use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which tools are provided by the relevant third-party provider(s).
8.4 Furthermore, we may introduce new services and/or features through the website in the future, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.
9. Third-Party Links
9.1 Certain content, products, and services accessible via our Service may incorporate materials from third parties.
9.2 Links to third-party websites on this site may direct you to websites that are not affiliated with us. We do not undertake the examination or evaluation of the content or accuracy of these third-party websites, and we do not warrant or assume any liability or responsibility for any materials or websites of third parties, nor for any other materials, products, or services offered by third parties.
9.3 We are not liable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with any third-party websites. Before engaging in any transaction, carefully review the policies and practices of the third party, and ensure you understand them. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
10. Color Information
10.1 While Ramblin’ Brands has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
11. Checkout and Delivery
11.1 The order amount at checkout and stated on invoice is the amount billed by Yellowow.com. Your bank may apply credit card charges Ramblin’ Brands is not responsible for.
11.2 All deliveries of the Product shall be made to the delivery address as provided in the Subscription Form, unless as otherwise notified by the customer. The customer is to notify the Company immediately of a change to his/her delivery address and contact number.
11.3 The customer must ensure that he/she is ready for safe receipt of the Product without undue delay and at the Delivery Date. If the customer is not available to take delivery, the Company may leave a card giving the customer instructions on either re-delivery or collection from the carrier.
12. Refund policy
12.1 If you are not entirely satisfied with your toys, you can return it within 30 days of purchase.
12.2 Vibrators
If the product is unopened, full refunds will be credited in the same form as they were paid after the product has been shipped back to us. Please note that shipping charges will not be refunded.
If the product is opened, we do not accept the product back for hygienic purposes and we will give you a personalized 30% off coupon code for your next order!
12.3 Only products bought at yellowow.com can be returned to yellowow.com. If you are dissatisfied with an item you purchased elsewhere, please return it to the place where you bought it.
12.4 We would like to point out that the goods we sell can be products which consist mainly of fragile components and must therefore be handled with care. We therefore recommend that you use the original packaging whenever possible when returning the goods, even if this should be damaged by an opening for functional testing. You are not obliged to use the original packaging and your rights (especially revocation rights) are not limited or excluded. However, by returning the goods in their original packaging, you can prevent us from having to claim compensation from you under certain circumstances because of the missing original packaging.
We expressly point out that you must pay compensation for any damage caused to us during the return transport (e.g. as a result of revocation) due to improper packaging.
12.5 To return a product to Yellowow:
You must obtain pre-authorization from our customer service. that will provide you with a return form.
To get a return form, please contact Customer Service at services@yellowow.co .
12.6 Please provide your proof of purchase.
Once you have your return form, repack the product in shipping packaging and include your completed return form SEPARATE from your defective item, and make sure you include your full shipping address. Then, ship your defective product back to us.
13. Liability
13.1 In cases of slight negligence, our liability is limited to breaches of material contractual obligations and is confined to foreseeable damages. However, this limitation does not apply in cases of injury to life, body, or health, or in instances of intentional or grossly negligent breach of duty. We shall not be held liable for other damages resulting from slight negligence arising from a defect in the purchased item. The regulations of the Product Liability Act remain unaffected.
13.2 Our liability remains unaffected regardless of our fault in the event of fraudulent concealment of the defect or the assumption of a guarantee.
13.3 It is imperative to adhere to all information on packaging and instructions for use. No liability is assumed for any alternative application and/or handling.
13.4 Our website and contents contained therein shall be deemed to be “current” and “available” information. We give no representation or endorsement that, expressly or implicitly, including but not limited to protect our customers from any malicious programs (such as virus, worm or Trojan Horse) or guarantee our products will be certain to satisfy our customers, applicable to some special purpose, has no infringement, are compatible, safe and accurate, or such other guarantees arising from relevant trade, usage or transactions of our products, unless it is otherwise required by law.
13.5 We don’t guarantee the accuracy and completeness of the information contained on our website, i.e. there is no guarantee that the website will be error-free or that any errors will be corrected. Your use of our website constitutes your agreement to use the website at your own risk and you are solely responsible for all data and/or cost losses associated with any maintenance or repair of any equipment and/or software used on this website.
13.6 Yellowow.com shall bear no responsibility for any damages arising from your using our website or caused by you, unless otherwise provided by laws. Yellowow.com shall not be liable for any direct, indirect, punitive or incidental losses arising from use, dis-use or execution of the information or products provided on our website to the extent permitted by laws.
13.7 In case delivery delay is caused, partially or wholly, by reasons beyond the reasonable control of Yellowow.com, we shall neither bear any responsibility for such delivery delay or failure, nor otherwise perform such obligations, unless it is otherwise required by law. You hereby agree not to make any claim against Yellowow.com and its associates, directors, employees and shareholders, or ask for compensation for any damages or losses arising from using our website and/or the information or products displayed on it, unless it is otherwise required by law.
13.8 We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
13.9 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
14. Indeminfication
You agree to indemnify, defend, and hold harmless Yellowow.com and our parent, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
15. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
16. Consumer Dispute Resolution
We wish to clarify that we are neither obliged nor prepared to engage in dispute resolution proceedings before a consumer arbitration body. Instead, we are committed to resolving any conflicts directly with our customers. Please contact our customer service for assistance.
17. Termination
17.1 The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
17.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
17.3 If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect such failure, we may terminate this agreement at any time without notice. In such cases, you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof).
18. Entire Agreement
18.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
18.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
18.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with English law.
20. Changes to Terms of Service
20.1 You can review the most current version of the Terms of Service at any time at this page.
20.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
21. Prohibited Uses
21.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
21.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
22. Contact Information
Questions about the Terms of Service should be sent to us at services@yellowow.co .