These Terms of Sale are Additional Terms subject to our Terms of Use and set forth a legally binding agreement between you and Spencer Gifts LLC (“Lustherapy”, “we”, “us”) and govern online transactions for products or pre-orders (collectively, “Orders”) initiated or completed on www.lustherapy.com (the “Site”). By using the Site and placing Orders, you acknowledge and accept these Terms of Sale. These Terms of Sale are subject to change without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale will be posted on this Site, and you should review these before placing any orders through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. When such a change is made, we will update the “Last Updated” date at the top of this page.
These Terms of Sale are an integral part of the Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an Order through this Site. When you place an Order on the Site it is an offer to enter into these Terms of Sale with respect to that Order.
2. Acceptance and Billing
Before accepting an Order, we may request additional information from you, and we reserve the right to reject Orders or to cancel them after acceptance. In some cases (e.g., purchases to pick up in store or purchases of preorder items), you may be charged for your Order immediately upon our receipt of the Order. By confirming your purchase during the checkout process, you agree to accept and pay for the Order. To be eligible to complete an Order, you must be at least the age of majority where you reside (18 years old in most states).
3. Pricing and Sales Tax
All prices are in U.S. dollars. All 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. Posted prices do not include taxes or charges for shipping and handling. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors. Sales tax is charged on Orders where applicable. The sales tax will be based on the state the Order is being shipped to. Please note that some states charge sales tax on shipping fees as well.
4. Payment Methods
We accept payment methods as provided during the checkout process. We are not responsible for external payment processor practices or their terms. By placing an Order, you represent and warrant that the payment information you supply to us is accurate, you are duly authorized to use the designated payment method, and that you authorize us, or our payment processor, to charge your designated payment method. We reserve the right to automatically suspend or cancel your Order if we cannot verify the payment method you designate, or if it is invalid or otherwise not acceptable. Only valid payment methods specified by us may be used.
5. Gift Cards
You may use a gift card issued by Lustherapy or by a third party (e.g., Visa, MasterCard, AMEX, or Discover) as a payment option. Should the gift card cover the full amount of the Order, including shipping and sales tax, the gift card will cover the full payment and you will not be separately charged. If, after entering a gift card as a payment option, you still owe a remaining balance, you will be prompted to provide a separate payment option, such as your credit card information. Please make sure you apply your gift card first before any other form of payment. We only honor one gift card per Order.
6. Discount Codes
When using a coupon or promotion code, only one can be applied to your Order at a time. Once the code is applied, the subtotal of your Order will be adjusted. If it is a shipping promotion, as long as the correct shipping method is selected, the cost of shipping will adjust. Please make sure that you read the promotional details to confirm your order qualifies for the promotion. Our shipping promotions exclude shipments to Canada, Alaska, Hawaii, Puerto Rico, and APO/FPO addresses. Promotions for express, second day, or overnight shipments exclude shipments to PO Boxes. Any oversized shipping fees that may apply to an Order are not included in the shipping discount. Shipping promotions cannot be stacked with any other coupons or discounts.
7. Shipping
A. General. Lustherapy currently ships to the United States – excluding: Puerto Rico, and APO/FPO/DPO addresses. All deliveries are pending acceptance of the Order and merchandise availability. To keep track of shipments and deliveries, check emails we send you, including in your spam folder. We may request additional information through email or other contact forms to process your Order. All items purchased from the Site for shipment to you are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
B. Partial Shipments. In some cases, your payment method may be charged more than once for a single Order. This may happen when the items you ordered do not all ship at the same time (e.g., if some of your items are a preorder or for picking up in store). In these cases, your payment method may be charged immediately for some products and at the time of shipment for other products.
C. Shipping and Delivery Times. Once the Order has shipped, how quickly it is delivered depends on the shipping method selected. Estimated delivery dates to your zip code are provided at checkout or in other parts of the Site. Please keep in mind they are estimates only, we do not guarantee the delivery date. We ship Orders Monday through Friday excluding holidays. For Orders to have the option to ship the same day, they must be submitted before 3pm for economy and standard shipping options and before 12pm for the express and overnight shipping options. Orders shipped via the overnight shipping option are not delivered on Saturdays or Sundays. Orders shipped via economy, standard, or second day may be delivered on Saturday if offered by your local post office. Our carriers do not require a signature. If you are not home, the package will be left at your address.
D. Shipping Restrictions. Standard, second day, or overnight shipping options are not available for PO Box addresses. Products that are considered “hazardous materials” must be shipped via standard ground or economy shipping. Items that are considered “hazardous materials” include (but are not limited to) lava lamps, aerosol, and liquid products.
E. Shipping Fees. Due to the size and weight of some products, an additional handling fee may be applied. Oversized handling fees will be noted on the product detail page.
F. International Delivery. At this moment, we do not offer shipping and/or delivery out of the 50 states of the United States of America.
G. Order Tracking. Once your Order has shipped, a tracking confirmation will be sent to the email address submitted with the Order. This email will contain your tracking number which you can use to track your package and ensure proper delivery. Tracking information for your order can also be found on our Order Status page or the My Account page. Please allow 24 to 48 business hours (Monday through Friday, excluding holidays) for the tracking information to be updated on the carrier website. Tracking information may not be available for the first 24 to 48 hours after you receive your shipping confirmation email.
8. Cancellations
To the fullest extent permitted by applicable law, we may refuse or cancel an Order for any reason including limitations on the quantity available, eligibility requirements, inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance partners. We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any Orders arising from such errors, even after your receipt of an Order confirmation. If your Order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. Lustherapy may, at its discretion and as permitted by applicable law, either contact you for instructions or cancel your Order and notify you of such cancellation. If a product you purchased from us is not as described, your sole remedy is to return it and receive a credit for the purchase price, subject to our return policies in Section 10 below.
9. Exchanges
A. General. To exchange an item, it must be unworn, have the original accessories, in new and resalable condition, and in the original packaging.
B. In-store Exchanges. You may exchange an item in-store within 30 calendar days of receiving your item. Items must be unused and in its original packaging. To exchange an item in-store, you will need the item, its original packaging and the original invoice. Exchanges without the original invoice will be exchanged for something of equal value at the current selling cost of the item.
C. Online Exchanges. Lustherapy does not accept exchanges of merchandise purchased online. You will have to return the item(s) and then place a new Order. Refer to Section 10 below for information on how to return your item(s).
D. Shipping Charges. If your Order was originally submitted online, exchanging an item will not result in a refund of the original shipping cost.
10. Returns
Lustherapy does not accept returns on any used/opened items, that includes the following: Intimate apparel, intimate products, clearance items, lotions, lubricants, any sexual toy or swimwear: This applies to lingerie, hosiery, underwear, swimsuits, bikini bottoms, etc.
Due to health & safety reasons, all of our sexual items/toys are all sales final and cannot be returned/exchanged.
If in case, we happen to accept your return/exchange, there will be a 20% fee deducted from your refund.
Lustherapy reserves the right to reject any returning products that do not comply with the above stated return policy. Rejected items will be sent back to the original shipping address without any refund being processed. In order to avoid this, please contact our Customer Care team to address any issues or concerns you have regarding the item(s) you wish to return.
When requesting a return, customers must ensure to keep the return postage receipt until the refund is duly processed by Lustherapy. Lustherapy reserves the right to refuse any request for a return without this mandatory proof of return postage.
IF Lustherapy accepts your return/exchange:
A. General. To return an item, it must be unworn, have the original accessories, be in new and resalable condition, and in the original packaging. You must return an item within 30 days of receiving it. We do not offer refunds to the original form of payment. By returning an item in-store or online, you will be provided store credit in the form of a gift card – gift cards do not expire. The acceptance of refund requests are at the discretion of Lustherapy. Lustherapy does not accept returns/exchanges on intimate products, wigs, body jewelry, custom products, or clearance merchandise that have been worn, have signs of usage, or any signs of wear/tear whatsoever.
B. In-store Returns. If you order items online, you may return those items in-store. Returns without the original invoice will not be accepted.
C. Online Returns. Please contact us at info@lustherapy.com on how to return your order. Note, there will be a 20% fee deducted from original amount paid. If you have contacted us and we accept your return, package your item(s) along with your invoice, and ship your item(s) to:
Lustherapy LLC
Attn: Return (order number)
4320 Mills Circle Unit C, Ontario, CA 91764
D. Sale/Clearance Returns. All on sale, clearance, discounted items are not eligible for a return under any circumstance, no exceptions.
Unless otherwise stated in Additional Terms, you are responsible for pre-paying the return shipping cost. You are responsible for requesting a tracking number and for purchasing packing insurance from your shipping vendor.
E. Shipping Charges. If your Order was originally submitted online, exchanging an item will not result in a refund of the original shipping cost.
11. Disclaimers and Warranties
A. Product Disclaimer. We may publish advice, FAQ, suggestions, or other recommendations on the Site in relation to the handling and care of certain products or items (e.g., lava lamps, intimate apparel). These statements are not a warranty or promise of how a product or item will ship, look like, work, or last. Such advice is solely meant as a recommendation. We also may take steps to address your satisfaction with packaging and delivery by including descriptions of our practices on the Site. Such descriptions are not a warranty or promise of how packaging or deliveries will occur. For example, while we believe our packaging is generally discreet when you order intimate apparel or other intimate products, please be advised that for deliveries to APO/FPO and other military bases, the contents of your Order are required to be listed on the outside of your package for delivery.
12. Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal information collected from you in connection with your purchase of Orders through the Site.
13. Governing Law and Jurisdiction
This Site is operated from the U.S. All matters arising out of or relating to Orders or these Terms of Sale are governed by and construed in accordance with the laws of the State of California without giving without regard to its conflicts of law provisions that might apply to the laws of another jurisdiction.
