General terms & conditions

These Terms of Service (this “Agreement”) set out the terms on which Quest Ltd. (“Spankys), (“Company”), (“we”) or (“us”) will provide access to and use of certain services available on or through its website spankysonline.com (the “Website”) to you, a user of the Service (“you” or “User”). You should read this Agreement carefully. By indicating acceptance of this Agreement or by otherwise using the Service, you are entering into a legally binding agreement with us (and you hereby represent that you are of legal age, and are otherwise fully able and competent, to enter into a binding agreement). If you do not agree to these terms and conditions, you must not use the Service.

THIS AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND COMPANY, AND INCLUDES AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THIS AGREEMENT CAREFULLY.

1. Nature of the Service.

a. General. The Service allows Users to purchase sex toys and other erotic products (“Products”“).
b. Children. The Service is not directed to users under the age of 18. The Service does not knowingly collect personal information from children under the age of 13. If you are under the age of 18, you are not permitted to use the Service or to send personal information to Company.

2. Use of the Service.

You must comply with any rules and policies about use of the Service that we publish from time to time. These rules and policies will be available on the Service. Certain features, pages or content within the Service may contain supplemental terms of use, to which you must agree in order to use the relevant features, pages or content. Subject to the terms and conditions herein, you are permitted to use the Service solely for your own personal, non-commercial use.

You must not (a) except as otherwise expressly permitted by this Agreement, harvest or otherwise collect information about others from the Service; (b) take any action that imposes or may impose an unreasonable or disproportionately large load on the Service or its infrastructure, or bypass any measures we may use to prevent or restrict access to any portion of the Service (or other accounts, networks or services connected thereto); (c) use manual or automated software, devices, or other processes to “crawl”, “scrape” or “spider” any of the Service or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from the Service, including any of Our Property; (d) distribute or otherwise make available any information or other content obtained through the Service to any third party, except as expressly permitted herein; or (e) otherwise interfere in any manner with the use or operation of the Service.

3. Product and Purchase Information. 

The Service may offer Products for purchase through the Website. We strive to ensure that the information made available through the Service is complete and reliable. Nonetheless, the Service may contain pricing errors, typographical errors and other errors or inaccuracies for which we will not be liable to you or any other person, unless otherwise prohibited by law. We reserve the right to limit quantities of Products purchased by Users and to revise, suspend, or terminate listings, events or promotions at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all Products described on our Website, or in our e-mails or in other communications to you will be available.

Our Return Policy is available here: https://www.spankysonline.com/service/shipping-returns/

We use one or more third-party payment processors (the “Payment Processor”) to bill you for orders. The processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to purchase Products from us, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for your purchases with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You also agree to pay all applicable taxes. You agree to make payment using that selected Payment Method. You may change your Payment Method at any time. We reserve the right to correct any errors or mistakes made by the Payment Processor even if it has already requested or received payment from you. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time; however, we will not change prices once an order has been placed. All payments shall be in U.S. dollars.

4. Suspension and Termination.

You may terminate this Agreement at any time ceasing to use the Service. We reserve the right to suspend your access to the Service at any time if we believe you are in breach of this Agreement. We reserve the right to terminate this Agreement or to cease to offer the Service at any time on written notice to you (including by email to registered Users or posting on our Website), for any reason or no reason.

5.  Compliance with Laws.

You will comply with all laws and regulations applicable to your activities under or in connection with this Agreement, including without limitation United States export control laws, regulations and executive orders.

a. Notice Required by California Law.

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

Name, address and telephone number of the provider of the Service is Quest Ltd., 213 N. Harbor Blvd, Santa Ana, CA 92703. 714-554-3098. Complaints regarding the Service or requests to receive further information regarding use of this Service may be sent to the above address or to [email protected]

b. Notice Required by New Jersey Law.

If you live in New Jersey, please carefully read this Agreement and understand that by using the Service, or placing an order through the Service, in addition to the other terms and conditions you agree that: (1) any dispute between us will be governed by North Carolina law addressed in binding arbitration (See Section 6: Jurisdiction), (2) under the laws of the State of New Jersey, limitations on implied warranties or the exclusion or limitation of certain damages as set forth above may not apply to you, and (3) you are responsible for any harm (See Section 8: Indemnity) that you cause us, whether it is because of (a) your violation of any applicable law that protects us or our legal rights or those of any third party that your actions have damaged; (b) your breach this Agreement; (c) infringement by you of any intellectual property, privacy or other rights of Spankys or any third party; or (d) any and all activities that occur under your account.

6. Jurisdiction

With respect to any IP Claims (as defined above) that are not subject to arbitration under the above provision, you hereby consent to non-exclusive jurisdiction and venue in any federal or state court located within the State of North Carolina, U.S.A., with respect to any suit, claim or cause of action arising from or relating to the Service or this Agreement, and you shall not bring any such suit, claim or cause of action except in a court located within the State of North Carolina, U.S.A.

7. Geography.

We are based in the United States. We provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

8. Indemnity.

You will indemnify us, and our licensors, providers and agents, against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees (“Liabilities”) arising out of or related to your breach of this Agreement or your use of the Service (but excluding any Liabilities to the extent caused by our negligence or willful misconduct). We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.