By accessing or using the website located at www.elysensual.com (the “Website”), you agree to be bound by these Terms of Service (“Terms”). These Terms govern your access to and use of the Website, including all content, functionality, products, and services offered on or through the Website.
These Terms apply to all users of the Website, whether accessed via computer, mobile device, or other technology. By using the Website, you represent and warrant that you have reached the age of majority in your jurisdiction and have the legal capacity to agree to these Terms.
Our Privacy Policy, located at www.elysensual.com/[insert URL], is incorporated into these Terms by reference.
You agree to use the Website only for lawful purposes and in accordance with these Terms. You must comply with all applicable laws and regulations when using the Website.
We grant you a non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. You may not reproduce, modify, or distribute any content from the Website without prior written consent.
You consent to entering these Terms electronically and to the storage of records related to these Terms in electronic form.
These Terms shall be governed by and construed in accordance with the laws of Spain. Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or invalidity thereof, shall first be resolved through binding arbitration administered by the International Chamber of Commerce (ICC) in Barcelona, Spain, in accordance with its rules. The decision of the arbitrator(s) shall be final and binding. If for any reason the arbitration clause is deemed unenforceable, any legal action or proceeding related to this Website shall be brought exclusively in the courts of Barcelona, Spain. By using this Website, you consent to the exclusive personal jurisdiction of these courts.
We may modify or revise these Terms at any time in our sole discretion and without prior notice. You agree to be bound by such modifications or revisions.
This Website provides users with access to purchase sex toys, sexual aids, and other products designed for adult purposes.
The Website may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites.
11.1. Warranty Disclaimer
We provide you access to this Website and its content “as is,” “with all faults,” and “as available.” You assume the entire risk for satisfactory quality, performance, accuracy, and effort. We make no warranty that the Website or any content will meet your needs or requirements. We disclaim all warranties, express, statutory, or implied, including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, reliability, suitability, security, privacy, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to the Website will be uninterrupted, virus-free, error-free, or that content loss will not occur. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by another person through the Website or any linked website, or featured in any banner or other advertising.
11.2. Medical Advice Disclaimer
The information provided on this Website and in our product descriptions is for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health provider with any questions you may have regarding a medical condition.
11.3. Limitation of Liability
You acknowledge and agree that your use of this Website and any products purchased from it is at your sole risk. We shall not be liable for any damage, loss, or injury arising out of your purchase or use of any products sold on the Website. Unless caused by our gross negligence or willful and wanton misconduct, we limit our total damages to you for any claims arising out of your access to the Website, and/or use of any product purchased from the Website, to the amount paid by you to us. This means the maximum liability by us shall be limited to the cost of the product purchased by you. The disclaimers, exclusions, and limitations contained in these Terms of Service apply to the maximum extent permitted by applicable EU law and the laws of the member state in which you reside.
11.4. Force Majeure
We shall not be liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, natural disasters, epidemics, pandemics, government acts, or strikes.
12.1. Custom-Made Intimate Products
Because our core products are intimate in nature and are custom-made by an artist to your unique specifications when you place your order, we cannot accept returns or exchanges for any reason other than a verified manufacturing defect. This policy is in accordance with Article 16(c) of the EU Consumer Rights Directive regarding custom-made goods and ensures the health, safety, and confidence of all our customers. We strongly encourage you to take advantage of the resources provided to make an informed purchase. Please make sure to carefully review the measuring and fitment guide on our website or contact us at info@elysensual.com with any questions before ordering to ensure you are selecting the correct product. Once an item has been shipped, the sale is considered final. We cannot accept returns for reasons including, but not limited to: general dissatisfaction with the product; buyer’s remorse; incorrect model, color, or other options selected by the customer; or size issues (either too small or too large). We are unable to offer replacements for items that are lost, stolen, or damaged due to customer negligence after a successful delivery has been confirmed by the carrier.
12.2. Policy for Standard Accessories & Merchandise
This “no returns” policy applies specifically to our custom-made intimate products. Any standard, non-custom merchandise or accessories (such as apparel, cleaning solutions, or storage bags) are subject to a 14-day return period, in line with EU regulations. To be eligible for a return, these items must be unused, unopened, and in their original, sealed packaging. Please contact customer service to initiate a return for these specific items.
12.3. Defective or Damaged Products
Upon receiving your order, please inspect your package and its contents carefully. You must report any manufacturing defects, damages incurred during shipping, or product shortages to our customer service department at info@elysensual.com within a reasonable period of 5 business days from the date of delivery. If you believe you have received a defective product, please contact us immediately with your order number and detailed photos or video evidence of the issue. Do not use the product. We will provide instructions on how to proceed. We reserve the sole discretion to determine whether a product has a manufacturing defect based on the evidence provided. Our determination shall be final and binding. After receiving the returned product for inspection, we will notify you of the status of your claim and, if a manufacturing defect is verified, we will offer a replacement or repair in accordance with our Limited Warranty. For any questions or concerns regarding this policy, please contact our customer service team.
We provide a 21-day limited warranty covering manufacturing defects only. To make a claim under this warranty, you must email us with a detailed description of the defect, along with photos or other evidence. We reserve the right to request additional information to verify the alleged defect. This warranty excludes products made to your specifications that do not fit due to incorrect measurements or preferences. A product is considered defective only if it deviates from your order specifications or exhibits a manufacturing flaw. Upon verification, we will provide a refund or replacement, at our discretion. Our liability for defective products is limited to replacement or refund, as outlined in this Warranty Statement, and this is your sole and exclusive remedy. This Limited Warranty constitutes the sole and exclusive remedy for defective products and supersedes all other warranties, representations, and obligations. This limited warranty only applies to the original purchaser of products and services from the Site and covers defects in materials and workmanship in products purchased from the Site during the Warranty Period. This limited warranty does not cover damages caused by: transportation or storage; improper use or failure to follow instructions; modifications or unauthorized repairs; combination with unauthorized products or materials; normal wear and tear; or external causes (accidents, abuse, etc.).
We offer shipping services to destinations within the European Union (“EU”) and to international destinations outside of the EU. We are based in Spain.
Shipping prices are dynamically calculated at the checkout stage based on the customer’s selected shipping destination, the size, weight, and value of the order, and the chosen shipping method. All shipping prices displayed at checkout are final for that specific order unless otherwise noted in Section 14.5.
We aim to dispatch all orders within 10 (ten) business days from receipt of payment. However, dispatch and delivery times are estimates only and may vary significantly depending on the destination, customs processing, and circumstances beyond our control. Estimated shipping times are subject to change without notice. We are not liable for any loss or damage caused by delays in delivery, including but not limited to loss of profits, business interruption, or consequential loss.
For all orders shipped to destinations outside of the European Union, the terms of trade are Delivered At Place (DAP), also known as Delivered Duty Unpaid (DDU).
If a shipment is returned to us as undeliverable due to any fault on the buyer’s part (including, but not limited to, failure to pay customs charges, incorrect address provided, failure to collect the package, or refusal of acceptance):
While we endeavour to provide the most current and accurate shipping rates at checkout, we reserve the right to review the shipping costs for any order.
We recommend that customers purchasing from international destinations outside of the EU consider purchasing additional shipping insurance (if offered at checkout) to cover against loss or damage during transit. It is the customer’s responsibility to handle any insurance claims directly with the carrier, and we will provide necessary documentation to facilitate this process.
Delivery shall be deemed successfully completed and our obligation fulfilled when the shipping carrier’s tracking system registers the package as ‘delivered’ to the address provided by the customer at checkout, or at a designated pick-up point (e.g., post office or locker) as determined by the carrier. We are not responsible for packages that are lost or stolen after the carrier provides confirmation of delivery.
For international orders outside of the EU, the risk of loss or damage to the goods passes to you, the customer, once the goods have left the EU. You, the customer, assume all risk of loss or damage to the goods during transit. All items purchased through the Website are shipped pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our tender of the item to the third-party shipping carrier. FOB shipping point, which is our warehouse.
We are not responsible for any damage, injury, or loss arising out of your use or misuse of any of our products. Although we periodically test our products for traces of contaminants and/or harmful chemicals, we cannot guarantee that you will not experience an adverse reaction.
You acknowledge that your use of this Website and the purchase and use of our products is at your sole risk. You explicitly acknowledge and assume all risks associated with their use, including but not limited to the risk of personal injury, property damage, and any other losses. You understand that you are solely responsible for the safe and appropriate use of our products. You agree that you will first attempt to resolve any dispute, claim, or controversy with us directly by contacting us at info@elysensual.com before resorting to a chargeback or other legal action.
To the extent permitted by applicable EU law and the laws of the member state in which you reside, you agree to defend, indemnify, and hold us harmless from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: your use of and access to the Website; your use of any product purchased from the Website; your violation of any term of these Terms of Service and/or Privacy Policy; your violation of any third-party right, including without limitation any copyright, patent, property, or privacy right; or any claim that your use of a product purchased from the Website caused damage to a third party.
The products offered via the Website are provided for your private, personal, and non-commercial use only. You must be at least 18 years old, or the minimum age required by your jurisdiction, to purchase products from the Website. You acknowledge that you are responsible for using the products in accordance with the instructions provided and in a manner that is consistent with the product’s intended use.
You release us from all claims, demands, and damages arising out of your use of the Website and our products, including disputes between you and one or more other users or other persons, and liability arising out of user submissions or the conduct of any person.
21.1. Our Intellectual Property
RG SL (t/a Elysensual), and our associated logos and names are our trademarks and/or service marks, whether registered or not. Other trademarks, service marks, names, and logos used on or through the Website are the intellectual property of their respective owners. We own or have the license to use all information authored by us, including text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, software, scripts, and computer code.
21.2. User-Generated Content
By uploading content to our Website, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. You represent and warrant that you have the necessary rights and permissions to grant this license.
21.3. Copyright and Other Intellectual Property Policy
The Website respects the intellectual property of others and requires that you do the same. You may not upload, embed, email, transmit, or otherwise make available any content that infringes any copyright, patent, trademark, trade secret, privacy, publicity, or other proprietary rights of any person or entity. The Website operates a clear copyright policy in relation to any content alleged to infringe the copyright of a third-party. If you believe that any content violates your copyright, please see our Policy Section for instructions on sending us a notice of copyright infringement. The Website is not in a position to mediate trademark disputes between users and trademark owners. Accordingly, we encourage trademark owners to resolve any dispute directly with the third-party provider in question. If the trademark owner is unable to reach a resolution with the third-party provider, it may send us a notice at info@elysensual.com. The Website is willing to perform a limited investigation of reasonable complaints and will remove links to content in clear cases of infringement. We comply with the European Union Copyright Directive (EUCD). Pursuant to Article 17 of the EUCD, we are required to obtain permission from copyright holders before hosting their content. If you believe that your copyright has been infringed upon, please notify us at info@elysensual.com. We will respond to notices of alleged infringement that comply with the EUCD and other applicable laws. In accordance with the EUCD, we reserve the right to terminate access to our Website for repeat infringers.
21.4. Limitation of Liability for User-Generated Content
We comply with the EUCD’s safe harbor provisions. Pursuant to Article 14 of the EUCD, we are not liable for copyright infringement for hosting user-generated content, provided that: we do not have actual knowledge of the infringement; we do not receive a financial benefit directly attributable to the infringement; and we comply with notices of alleged infringement.
We do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to the Website or to us. By submitting any materials (“Submissions”) to us, despite our request not to do so, you acknowledge and agree to the following terms: Your Submissions and their contents will automatically become our property, without any compensation to you. We may use or redistribute the Submissions and their contents for any purpose and in any manner. We are under no obligation to review the Submissions. We are under no obligation to keep any Submissions confidential. This policy is established to avoid potential misunderstandings or disputes regarding similarities between our products and any ideas or concepts submitted by you.
The information presented on or through the Website is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
This Website may include content provided by third parties, bloggers, and third-party licensors, syndicators, aggregators, websites, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles, reviews, and responses to questions and other comments, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing that commentary.
If you have provided us with your email address, you authorize us to email notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications containing adult-oriented material, sexual content, and language.
The Website may contain errors, omissions, inaccuracies, or outdated information. We do not warrant the truth or reliability of any statement or other information displayed or distributed through the Website. We may correct any errors or omissions in any portion of the Website.
Only one coupon or promo code may be applied per order. If you wish to use multiple coupon codes to purchase multiple toys, you must use only one (1) coupon for one product and immediately after you checkout, email us at info@elysensual.com to request a discount for any other applicable coupons that you would like to apply to the other item(s) in your order. All coupons and promo codes are subject to change at any time with no notice to you. All coupons and promo codes must be valid at the time of use. We offer gift cards in the form of a coupon code equal to the value purchased. Our gift card coupon codes are valid for twelve (12) months from the date of purchase and must be used within that time to avoid expiration, except in certain jurisdictions where expiration dates are prohibited.
If we believe that you have participated in a fraudulent or wrongful chargeback, we will pursue our claims against you to the fullest extent allowed by law. We will forward your information to the applicable law enforcement agency, and your fraudulent chargeback may result in civil and/or criminal penalties.
Where your credit card has been declined after our products have been shipped to you, you consent to us resubmitting your charge until such charge is fully paid.
30.1. EU VAT – Distance Selling Compliance We are based in Spain and our EU B2C sales are subject to the EU’s distance selling regulations. We confirm that:
Below Threshold: For all sales made to private EU customers where our total cross-border EU sales (excluding Spain) are below the EU-wide threshold of €10,000 (net annual turnover), we are required to charge the VAT rate of our country of establishment (Spain), which is currently 21%. This rate will be calculated and applied at checkout.
Above Threshold: Once we exceed this €10,000 threshold, we will be obligated to transition to charging the VAT rate of the customer’s Member State of destination via the One Stop Shop (OSS) scheme. The final applicable VAT rate will be displayed and charged at checkout.
30.2. Customer Tax Responsibility (Non-EU & General)
The customer is responsible for paying any sales tax, VAT, fees, or other charges imposed by your country or jurisdiction. It is the customer’s sole responsibility to pay any taxes and fees that may be applied to any international purchases. These additional taxes, VAT, fees, or other charges are subject to change without any prior notice according to the destination country or jurisdiction’s rules and regulations. If you fail to pay the taxes and/or fees levied by your country’s customs department or other governmental body, your package may be returned to us. If your package is returned to us because you failed to pay any associated fees or taxes, it will be destroyed, and you will not be issued a refund.
As our Website contains a number of products, it is possible that some of the products listed on the Website may be incorrectly priced, improperly labeled, or may be unavailable. Additionally, other errors may be displayed on the product page. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, including after an order has been submitted.
By submitting an order, you make an offer to purchase the products and services listed in your order, subject to these Terms. We reserve the right to accept or reject any order in our sole discretion.
Price Variability: Prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, as confirmed in your order confirmation email. Price Composition: Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, itemized in your shopping cart, and detailed in your order confirmation email.
Pricing Errors: We are not responsible for pricing, typographical, or other errors in any offer by us. We reserve the right to refuse or cancel any orders arising from such errors and, in such cases, our liability is limited to issuing a full refund of the amount paid.
Payment Terms: Terms of payment are within our sole discretion. Payment must be received by us before our acceptance of an order.
Additionally, we accept the following payment methods: Credit and Debit Cards: Visa, Mastercard; Digital Wallets: Paypal, Apple Pay, Google Pay, iDeal (Netherlands), Sofort (Germany); Bank Transfers: Direct bank transfers; Buy Now, Pay Later (BNPL): Klarna. Payment Representations and Warranties: By submitting your payment information, you represent and warrant that: the credit card information you supply to us is true, correct, and complete; you are duly authorized to use such credit card for the purchase; charges incurred by you will be honored by your credit card company; and you will pay charges incurred by you at the posted prices, including all applicable taxes. E&OE (Errors and Omissions Excepted). We strive to ensure the accuracy of the information on this Site, but we cannot guarantee that it is free of errors or omissions.
Please note that any modifications to your order must be made within 12 hours of the original order placement. After this timeframe, we cannot guarantee that changes can be accommodated.
Pursuant to Article 16(c) of the Consumer Rights Directive (2011/83/EU), the right of withdrawal does not apply to custom-made products that are tailored to your specific needs and requirements. Our products are bespoke and manufactured according to your individual specifications. As such, they cannot be resold or reused by us. Due to the custom-made nature of our products, you do not have a 14-day cooling-off period to withdraw from the contract. If you wish to cancel your order, please contact us as soon as possible. We will inform you of any costs or consequences of cancellation, which may include payment for work already completed or materials already purchased.
Please be aware that all photos of any products sold on the Website are for illustrative purposes only. Although we use reasonable best efforts to ensure that our products are accurately depicted on our Website, it is possible that some photos shown on the Website may not be entirely representative of the actual product.
We can, at an additional charge, make your toy softer or firmer. Simply add the Custom Firmness Option onto your cart when you make your purchase. After making your purchase, email us at info@elysensual.com with your name, order number, and firmness request.
All products should be washed before first use with warm soapy water. Your toy will most likely have an oily or greasy substance on it. This is a release agent, that is used to keep your toy from adhering to the mold.
The disclaimers, exclusions, and limitations contained in these Terms of Service apply to the maximum extent permitted by applicable EU law and the laws of the member state in which you reside.
You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature, as provided for under EU Directive 1999/93/EC on a Community framework for electronic signatures.
No waiver by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Terms of Service, our Privacy Policy, and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties. Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement.
We may terminate these Terms of Service for any or no reason at any time by posting revised Terms of Service on the Website, or by notifying you by email or by any other method of communication. Upon termination of the Terms of Service, we will not have any obligation to assist you in migrating your data or features of your account.
