Terms & Conditions

We, Growfunnel LLC, operate the YourKinkRoom.com website. We are a company incorporated in Utah, registered office and address at 1818 S Davis Blvd. Bountiful UT 84010

For the avoidance of doubt, any reference to “us” “we” or “our” in these Terms refers to YourKinkRoom, and any reference to “you” or “your” refers to the customer as a purchaser of the YourKinkRoom products.

It is a condition of a user accessing and reading the YourKinkRoom website (“the Website(s)”) that YourKinkRoom disclaims all warranties in respect of the same, whether express or implied, in relation to the material published on the Website. Your statutory rights as a consumer are not affected.

This page (together with our Privacy & Security and Shipping & Return Policy) tells you information about YourKinkRoom and the legal terms and conditions on which we sell any of the products listed on the Website.

These Terms will apply to any contract between us to sell products to you. Please read these Terms carefully and ensure you understand them before ordering any products from the Website. Before placing an order, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will be unable to order any products from the Website.

We reserve the right to amend these Terms from time to time. Every time you wish to place an order, you should check these Terms to ensure you understand the terms which will apply at that time.

Age of Consent

By placing an order on the Website, you declare that you are of the appropriate legal age to purchase the items. If we discover that you are not legally allowed to order certain goods, we reserve the right to cancel your order.

Contract Formation

All orders you make through YourKinkRoom.com are subject to acceptance and availability. We may choose not to accept your order for any reason.

Prices of products are correct at the time of entering information; however, we reserve the right to change prices without prior notice (although we will inform you if any such price change affects your order).

Only when YourKinkRoom accepts the Order by sending you a confirmation email that your order has been dispatched will a contract have been created between you and YourKinkRoom.

Cancellation

If you are an EU or UK consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations of 2000, to cancel your order within fourteen (14) working days following receipt of the goods or the date on which we began the provision of services.

Refunds for orders canceled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed in accordance with your legal rights.

Regional returns policies will apply. Please see our Returns Policy for more information.

Email Marketing

Information relating to the YourKinkRoom email marketing sent to customers can be found in our Privacy Policy.

Privacy

Our Privacy Policy explains how we collect, use and store your personal information, including who we may share it with; how long we keep it; the circumstances in which we, or others, may contact you (including sending you advertising and marketing messages); and the rights you have in relation to your personal information.

We also use cookies or similar technologies to store certain types of information each time you use our site. You can find out more information about how we use cookies and other similar technologies in our Cookies Policy.

YourKinkRoom takes data handling and processing very seriously so that your information is held securely and used in a manner authorized by you. As a minimum, the relevant laws and regulations of your country shall apply to the way we handle and process your data.

Fraud Prevention

YourKinkRoom takes fraud very seriously, and we do everything in our power to prevent fraud from occurring. If false or inaccurate information is provided and fraud is identified, details will be passed on to fraud prevention agencies.

YourKinkRoom has fraud prevention software services that we use in order to prevent fraudulent purchases and practices, these are in place to protect both the customer and YourKinkRoom.

Use Of Internet Bots

We only permit the use of low-impact software applications that run automated scripts (internet bots) on the Websites which comply with our current bot policy and for which we have given permission (“Permitted Bots”). All other internet bots are unauthorized and are not permitted to be used on any of our Websites.

YourKinkRoom employs sophisticated and best-practice fraud and bot prevention solutions. Examples of unauthorized bots include those internet bots that use an excessive amount of hosting resources, automatically add items to baskets without our prior consent, or impact the shopping user experience for other customers.

YourKinkRoom reserves the right to block any unauthorized bots from our websites (either ourselves and/or through third parties such as security fraud prevention services) and to immediately suspend or close any accounts which we reasonably suspect of using unauthorized bots.

Users agree to indemnify us against all losses, costs, and expenses that YourKinkRoom incurs in connection with the breach of these rules relating to the use of internet bots on the Websites.

Copyright

Any material found within the pages of the Websites, including, but not limited to text or images are the property of YourKinkRoom.com, its suppliers, or manufacturers and may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site.

Disclaimer

YourKinkRoom provides the Website on an 'as is' basis and does not warrant that the functions contained in and the material on the Website will be uninterrupted, or error or defect free, or that the Website or the server that makes it available are free of viruses or bugs. Further, YourKinkRoom does not represent the full functionality, accuracy, or reliability of the materials on the Website.

In addition, YourKinkRoom makes no (and disclaims all) representations or warranties of any kind, express of implied, with respect to the Website or the information or content included on it. This disclaimer does not affect your statutory rights in relation to the provision of goods .

Use of YourKinkRoom

YourKinkRoom will not be liable for any use of the Website (including any ordering of products) that results in:

losses that were not foreseeable to both parties when the contract was made;

losses that were not caused by any breach on the part of the supplier;

business losses and/or losses to nonconsumers.

We do not in any way exclude or limit our liability for the following:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(d) any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples, and

(e) defective products under the Consumer Protection Act 1987.

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party; such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Website.

Submitting reviews, forum messages, and photographs to YourKinkRoom

These Terms govern your conduct associated with the reviews and ratings, forums, and photographs submitted to the Website. To the extent of any conflict between the YourKinkRoom Privacy Policy and these Terms, these Terms shall prevail in particular with respect to the submission of reviews and ratings, forums, and photographs submitted to the Website. By submitting any content to the Website, you represent and warrant that:

You are the sole author of the intellectual property rights thereto:

all “moral rights” that you have in such content have been voluntarily waived by you;
all content that you post is accurate;
you are at least 18 years old;
use of the content you supply does not violate these Terms and will not cause injury to any person or entity

You further agree and warrant that you shall not submit any content:

that is known by you to be false, inaccurate, or misleading;
that infringes any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information, or phone numbers;
that contains computer viruses, worms, or other potentially damaging computer programs or files.

You agree to indemnify and hold YourKinkRoom and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers, including but not limited to Trust Pilot, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. For any content that you submit, you grant YourKinkRoom a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at YourKinkRoom’s sole discretion. YourKinkRoom reserves the right to change, condense or delete any content on the Websites that YourKinkRoom deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. YourKinkRoom does not guarantee that you will have any recourse through the Website to edit or delete any submitted content. Ratings and written comments are generally posted within two to four business days. However, YourKinkRoom reserves the right to remove or refuse to post any submission for any reason.

You acknowledge that you, not YourKinkRoom, are responsible for the contents of your submission. None of the content you submit shall be subject to any obligation of confidence on the part of YourKinkRoom, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.

By submitting your email address in connection with your rating and review, you agree that YourKinkRoom and its third-party service providers may use your email address to contact you about the status of your review and for other administrative purposes.

US Sales Tax

In accordance with state and local law, your online purchase from YourKinkRoom will be taxed using applicable sales tax or seller's use tax for your shipping address.

The amount of tax will be displayed during checkout once your billing or shipping address has been entered. The tax indicated is only an estimate and may change during the shopping session depending on a number of factors. However, you will have the opportunity to review the final price before the order is submitted.

The order confirmation page and email will reflect the final tax total.

External websites

As a convenience for YourKinkRoom customers, our website includes links to other websites or material which are beyond our control. YourKinkRoom Limited is not responsible for the content of external websites linked to the Websites.

Jurisdiction

These Terms are governed by the laws of The United States of America, where the laws of Utah State shall apply.

Force Majeure

We will not be liable or responsible for any failure to perform or delay in the performance of any of our obligations under a contract that is caused by a force majeure event. A force majeure event means any act or event beyond our reasonable control, such as but not limited to strikes or industrial action by third parties (but not those caused by YourKinkRoom’s own employees), civil commotion, riot, invasion, terrorist attacks, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or another natural disaster (“Event”).

If an Event takes place that affects the performance of our obligations under a contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a contract will be suspended, and the time for performance of our obligations will be extended for the duration of the Event. Where the Event affects our delivery of products to you, we will arrange a new delivery date with you after the Event is over.

You may cancel a contract affected by an Event. To cancel, please contact our customer services team. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received, and we will refund the price you have paid, including any delivery charges.

Additional terms

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or obligations under these Terms to another person if YourKinkRoom agrees in writing.

These Terms are agreed upon between you and us. No other person shall have any rights to enforce any of its Terms.

Each of the clauses within these Terms operates separately. If any court or relevant authority decides that any of the clauses are unlawful or unenforceable, then the remaining paragraphs will remain in full force and effect.

The failure or delay of YourKinkRoom to exercise any right, power, or remedy provided under these Terms or otherwise available in respect hereof at law or in equity shall not constitute a waiver by YourKinkRoom of its right to exercise any such or other rights, power or remedy or to demand such compliance or you of your obligations under these Terms. In the event we do waive a default, we will do so in writing on a case-by-case basis.