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Site access and Conditions of Use
The site includes erotic product presentations and offers items which are unsuitable for minors.
You do not feel discriminated or hurt by erotic or pornographic productions.
You are at least 18 years old or are of the age where it is legally permitted to consume pornographic content in your country.
You are responsible for ensuring minors are protected from this content and that the login details with which you are provided to gain access to the site do not fall into the hands of third parties.
You may not place an order with the Provider unless you accept the Terms & Conditions without restriction.
If you have any open questions, problems or suggestions, please feel confident in e-mailing our support team on office@sex-dvd.org which always takes your issues seriously and endeavours to find a customer-friendly solution.
General Terms & Conditions
Subject matter of the agreement
The shop provider is the sole trader with the name of:
Provider:
Alexander Schachinger
Affenberg 60
4204 Haibach
Austria
E-mail: office@sex-dvd.org
Hereinafter referred to as Provider. The contractual relationship shall apply between the Provider and the Customer (also referred to as the Consumer, Purchaser) of the online shop.
The following General Terms & Conditions shall govern the legal relationships between the Provider and the Customer who orders products from the Provider's respective online shop
Only the Terms & Conditions of the Provider shall apply without any supplementary agreements.
Conflicting Terms & Conditions of the Orderer shall not apply.
Austrian law shall apply as agreed to these Terms & Conditions and to the entire legal relationship between the Provider and the Orderer. Other national laws shall be excluded.
The following Terms & Conditions shall form part of all agreements for the provision of products, services and offers on the part of the Provider. Sales shall be completed solely on the basis of the General Terms & Conditions. The Customer shall recognise these General Terms & Conditions by placing the order, at the latest, however, when the product or service is delivered. All ancillary agreements and amendments to the contract shall shall only apply in writing.
All ancillary agreements and amendments to the contract shall require the written form. E-mail agreements shall not apply.
Conclusion of the agreement/contractual partners
An order placed shall be binding.
The purchase agreement shall be concluded when the Customer accepts the products. All product presentations in the online shop shall be intended to generate purchase offers.
Should our order confirmation contain spelling or printing errors or should our pricing be based on transmission errors related to technology, the Provider shall have the right to contest.
The Customer shall confirm that he knows and respects/accepts the respective national laws for the import of erotic DVDs or videos and with his order he shall release the Provider from any liability or claims for compensation should the order placed/delivery requested by the Customer contravene a national law or be confiscated.
The order placed shall be binding. The agreement shall be concluded with the dispatch of the goods or the order confirmation from Erotikexpress.com within two weeks of the order.
The price list valid on the date of order shall be binding for the pricing. The Provider shall reserve the right to alter the prices.
The prices in the shop shall be the prices for the end customer and include the Austrian statutory VAT, currently 20%. You can find a list of the net prices on the invoice supplied with your order.
We shall reserve the right to limit sales of our products to a normal retail volume. The sale of three of the same item shall be considered normal retail volume. In the event the Customer wishes to purchase more than three of the same item, this shall only be possible with prior consent.
Payment
The Orderer may choose from the following methods of payment:
Credit card (VISA, Eurocard/Mastercard)
Bank transfer/advance payment
Direct debit/charging to bank account (Austria, Germany)
"Sofortüberweisung" instant transfer payment system.
In the case of direct debit/charging to bank account, the Customer shall be obliged to ensure sufficient funds are in the account. Should it not be possible to charge the bank account, we shall invoice the bank charges incurred.
The terms of delivery and payment shall be described in more detail in the order form. In case of payment default, the Provider shall have the right to commission a third party, such as a debt collection agency, with collecting the account receivable. The associated costs shall be borne by the Customer. Should the Customer with more than one individual receivable default on a payment, all open accounts receivable with the respective Customer shall be payable immediately. The Customer shall only have the right to reserve payment or make partial payments if the counter claims have been judged to be legally valid or have been recognised as being correct by the Provider.
After submitting an order, the Orderer shall receive a confirmation on his screen stating that his order has been registered and shall be sent an invoice by e-mail to the address entered in the order form.
In the event of problems with the order or any kind of discrepancy, please contact support ( office@sex-dvd.org ) to find an uncomplicated and fair solution to ensure customer satisfaction.
Returned direct debits mean high fees which shall be charged to the Customer and claimed via debt collectors.
Delivery
Deliveries shall generally be packed neutrally and discretely without any indication of the company or erotic content. Content shall be protected, packaged neutrally and cannot be identified or guessed by touch. No inferences or indiscretions with respect to erotica shall be possible.
Delivery shall be subject to the Provider being supplied in time and correctly and not having to take responsibility for unavailable products. Claims for damages due to late delivery shall be excluded.
Delivery charges within Austria and Germany are EUR 3.90 on an order amount of up to EUR 29.90. Free delivery may be selected on larger orders. Orders from other countries are subject to a flat delivery charge of EUR 13.90.
Clause to prevent abuse in mail order business (only in case of direct debit)
When placing his first order, the Customer shall confirm his consent for financial information to be obtained for the purposes of preventing abuse in the mail order business. In this context, in the course of placing the order, the Customer shall confirm his consent for information to be obtained from SCHUFA and, in the event of non-payment of a receivable for goods delivered in the mail order business (e.g. due to a direct debit returned for lack of funds), for this to be passed on to SCHUFA.
6. Rights of exchange and return
Should the Orderer not like a product he has ordered or should it not fit, the Provider shall grant a right of exchange or return within 14 days of receiving the order. Videos, DVDs, BluRays, BluRay 3Ds, damaged items and used toy and hygiene products shall be excluded. Sets may only be returned in full. To comply with the return deadline, the items only need to be posted to the Provider by the deadline, in conjunction with a prior e-mail to Support informing them of the return and the reasons for it. The goods to be returned shall be appropriately parcelled and franked. The return shall be at the Orderer's own risk.
The Provider shall not assume any guarantee for the marketability of the goods provided or their suitability for a certain purpose. Liability claims for indirect or direct damages suffered by the Orderer or user for financial losses, loss or damage to property or death or injury to any persons, which bear any relation at all to the purchase or supply of any product, are excluded, unless the Provider is proven to have caused the damages deliberately or through gross negligence. The separate disclaimer applies in all other cases.
Revocation
The Customer may revoke his declaration to conclude a sales contract within a period of 14 days in textual form (e.g. by letter, e-mail, facsimile), or - if he has received the goods before this period expires - by returning the goods, without stating a reason. The period shall begin upon receipt of this notification in writing, but not before receipt of the goods by the recipient (in the case of recurring supply of similar goods not before receipt of the first partial delivery).
The Customer shall bear the costs of returning the goods if the products supplied correspond to the order and if the price of the items to be returned does not exceed the sum of EUR 40.00, or in the case of higher-priced items, if he has not yet paid for the goods or made a contractually agreed partial payment at the time of revocation. The Customer shall retain the parcel receipt as a proof of postage of the returned goods.
To comply with the return deadline, it shall suffice if the Customer posts the items to be returned by the deadline or exercises the right of revocation in writing using a permanent medium. This shall apply only to unused items in their original packaging.
Providing no other agreement is in place, the right of revocation pursuant to Article 312d (4) of the German Civil Code (Bundesgesetzbuch, BGB) shall not apply to distance contracts
1. for supplying goods that are produced according to customer specifications or clearly tailored to personal needs or which are unsuitable for a return shipment due to their nature or are easily perishable or whose expiration date has already been exceeded,
2. for the delivery of audio or video recordings or software, in cases where the delivered data carriers have been unsealed by the user.
Furthermore, the right of revocation shall lapse at the moment the Customer opens and uses hygiene articles, such as underwear, sex toys, love dolls, latex products, gags, etc., before the revocation period has expired. When the packaging is opened, the hygiene articles shall be considered used.
The products must be complete, undamaged and, where possible, in the original packaging when returned by the Customer . Should the original packaging have been damaged, e.g. when checking the goods, the items shall be returned in equivalent packaging. Underwear sets and product ranges shall be returned in full.
In the case of effective revocation, the mutually received benefits shall be returned and any profits refunded. In case you are unable to reimburse us either in total or partially for services or usage received (e.g. benefits from usage) or you are only able to return items in an inferior condition, you are required to offer a compensation of equal value. You must only reimburse us for deterioration of merchandise and usage if the usage or deterioration is due to handling in a manner other than to check the properties and functionality. "Checking the properties and functionality" implies testing and trying out the respective products such as is possible in a shop.
Warranty obligations
The provider shall assume liability for breach of warranty, for a period of six months from the transfer of risk, for all defects which are subject to statutory warranty obligations. Warranty claims shall initially be limited to remedying defects by means of replacement of items. Should the attempt to remedy the defect fail, the Orderer shall have the choice of either a reduction in the purchase price or withdrawal from the purchase agreement. Small customary and technically unavoidable deviations in quality and defects due to unconventional handling shall not justify claims for damages. Defects in the goods supplied shall be reported in writing immediately, and within 14 days of delivery at the latest.
Warranty and limitation of liability
The warranty period shall be six months. It shall start on the day the goods are delivered to the Customer.
Should an item delivered be defective, we shall be entitled to replace or repair it at our discretion. Several attempts to remedy the defect shall be permitted. Providing attempts have been made to remedy the defect and these have been unsuccessful, the Customer shall now consent to a replacement.
Should the first repair or replacement fail, the Customer shall be entitled, at his discretion, to demand a reduction in the purchase price or the agreement to be revoked.
In the mail order business, obvious defects shall be reported in writing within 14 days of delivery. If the Customer does not comply with this obligation, warranty claims for obvious defects shall be excluded.
In the event of a defect, the Customer shall return the articles in question to us with as precise as possible a description of the defect, a copy of the invoice and in the original packaging. The original packaging may not be used for postage.
If the items are suspected of being damaged in transit, the delivery packaging shall be retained for inspection by an appraiser.
Should the Customer prove to have no warranty claims against the Provider, the Customer shall bear the third-party costs incurred by the Provider for determining that the product is free from defects. These costs shall be at least EUR 50.00 incl. VAT. The Customer shall reserve the right to prove that the costs are lower.
Claims for damages against us or our employees shall be excluded, unless the damages were caused deliberately or as a result of gross negligence. This disclaimer shall not apply if main contractual obligations are breached, if the properties assured are lacking or in the case of claims under the Product Liability Act.
Delivery periods
We shall send the items ordered according to availability. The Customer shall have no right to delivery within a certain time frame. For this reason, partial deliveries and subsequent deliveries may be made. Should there be potential delays in delivery, we shall issue a partial delivery to ensure the Customer receives his delivery as soon as possible. We shall bear any additional delivery costs which may arise. Exception: Should the order include films which are not available until a certain date, we shall reserve the right to delay the full delivery until this date.
Legal majority and age of consent
In placing an order, the Purchaser confirms the he has reached the age of consent and legal majority.
Protection of minors
The Customer shall accept the Provider's regulations for the protection of minors and shall ensure that he protects minors from the store's product range and items ordered from the online shop. The regulations for the protection of minors are based on Austrian law. The regulations for the protection of minors of the Customer or country of dispatch shall generally not apply.
Privacy
We shall only use your order-related data to process and complete your order and potential complaints.
Retention of title
The goods shall remain our property until the full purchase price has been paid.
Transfer of risk
The risk of accidental loss and/or of deterioration of the delivery item shall pass to the Orderer at the latest when the goods are dispatched. This shall also apply in the event that the Provider has assumed the delivery charges.
Customs regulations
We shall assume no liability for goods which are confiscated due to the applicable laws in the respective countries. Please find out whether you are in breach of a regional or national law before placing an order. The Customer shall confirm that he knows and respects/accepts the respective national laws for the import of erotic DVDs or videos and with his order he shall release the Provider from any liability or claims for compensation should the order placed/delivery requested by the Customer contravene a national law or be confiscated.
Copyright
All trademarks, logos and product descriptions mentioned here are the property of the respective holder of the right. The usage of all the elements of the online shop and catalogues, as well as usage of the brand name and logo, shall be prohibited without prior written consent by the shop's owner.
Clause to prevent abuse in mail order business (only in case of direct debit)
When placing his first order, the Customer shall confirm his consent for financial information to be obtained for the purposes of preventing abuse in the mail order business. In this context, in the course of placing the order, the Customer shall confirm his consent for information to be obtained from SCHUFA and, in the event of non-payment of a receivable for goods delivered in the mail order business (e.g. due to a direct debit returned for lack of funds), for this to be passed on to SCHUFA.
Miscellaneous
We shall only sell products which comply with Austrian and German law. For example, all the actors in the products supplied are above the age of consent (even if the respective products are sold under names such as "Teenysex" or "Discosex"). We DO NOT stock animal porn or violent pornography referred to as "hard pornography". By conducting quality assurance, we constantly endeavour to optimise the quality of our products. All prices may be subject to setting and print errors.
Transfer of risk
The risk of accidental loss and/or of deterioration of the delivery item shall pass to the Orderer at the latest when the goods are dispatched. This shall also apply in the event that the Provider has assumed the delivery charges.
Choice of law
Only Austrian law shall apply. The Customer shall expressly waive all entitlements arising from the legal situation in his home country or destination address.
Jurisdiction
The court of jurisdiction for all legal disputes arising from the contractual relationship is Linz, Austria. Linz, Austria shall be agreed upon as the jurisdiction for non-traders and non-registered merchants, should claims be asserted by means of an order for payment procedure.
Severability clause and final provisions
Should specific points of these terms and conditions be ineffective, this shall not affect the validity of the remaining provisions. Ineffective provisions should be replaced by effective provisions which come as close to possible to the desired purpose.
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1a Dessous
