TERMS & CONDITIONS

1. GENERAL

1.1 Intimates By French Kiss is a company registered in the United States

1.3 Intimates By French Kiss can be reached for any questions regarding the Terms and Conditions and matters connected to any orders or purchases on the following email address: mail@frenchkissintimates.com

1.4. These Terms and Conditions govern the selling terms of all orders placed by the customer(s) (hereinafter referred to as “you” or the “Customer”) on the domain frenchkissintimates.com or any sub-domains, from the moment you place an order until payment and delivery. By ordering a product, you agree to be legally bound by these Terms and Conditions.
Please make sure you have read and understood them before placing an order.

1.5 Intimates By French Kiss reserves the right to amend these Terms and Conditions at any time. The new version will not be retroactive and the Parties shall only be bound by the Terms & Conditions which are online the day the order is placed.

2. CONCLUSION OF CONTRACT

2.1 By placing an order on the Site, you are offered to purchase products subject to these Terms and Conditions. On-Site you will follow the below steps in completing your order.

  • Find the product(s) you want on the Intimates By French Kiss website
  • Select the size you require and press ‘Add to Cart’
  • Once you’ve added all of the items you require to your cart, select the checkout option
  • You will be asked to input your shipping & billing details
  • Review your order to ensure all items & details are correct
  • Press ‘Complete Order’
  • You will then receive an order confirmation via email to the email address provided at the time of ordering

2.2 In the unlikely circumstance we’d be unable to fulfill your order for whatever reason, an email will be sent to the address supplied by yourself when you placed the order explaining the issue that may have arose and all possible solutions.

2.3 Remember to check your cart and delivery information to ensure your order is correct before pressing the ‘Place Your Order’ button, as we may not be able to amend or cancel your order once it has been submitted. Please do email mail@frenchkissintimates.com and our Intimates By French Kiss Experts will do their best to help you, but please note order cancellations or changes to orders may not be possible.

2.4 Intimates By French Kiss reserves the right to reject or cancel your order fulfillment of all orders placed on the Intimates By French Kiss website. We explicitly reserve the right to not accept your order for any of the following reasons:

  • The product is not available / in stock
  • Your billing information is not correct or not verifiable
  • Your order has been suspected of fraudulent activity
  • We could not deliver to the address provided by yourself
  • Force Majeure
  • In the event of misspelling, pricing, or other errors or mistakes in the website information

3. PRICING AND PAYMENT

3.1 The product prices displayed on the website are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the state or country where your order is being delivered.

3.2 Intimates By French Kiss has the right to change or update information at any time without any warning, including errors with prices, details, and descriptions which may appear on the Site.

3.3 There are various payments available to you which will be available upon adding your country during the checkout process. Please note we do not accept cash or checks.

3.4 All payments are subject to validation checks and authorization by the payment service provider you have chosen. If the provider refuses to or does not for any reason, authorize payment, you will then be notified by email and/or during checkout.

4. PRICES MAY VARY ACROSS STORES.

4.1 Conversion rates may apply to prices across destination-specific stores.

4.2 Intimates By French Kiss reserves the right to change the price of a product at any time without any forewarning. Any orders placed prior to this change cannot be amended to the revised price.

5. SHIPPING & DELIVERY

5.1 All orders made on the Intimates By French Kiss website are despatched from the US. We aim to get all orders out on the same day; however, due to volumes, this is not always possible. Tracking numbers, if applicable, are included in your shipping confirmation email.

5.2 Depending on where you are located, you will be given various delivery options. The amount of the delivery fee will depend on the delivery option you decide to choose. You will be able to find all the delivery methods available for your country during the checkout process.

5.3 When selecting our ‘US Next Day Delivery’ method, the cut-off point for guaranteed next day delivery is 12:00 CST. Orders placed after this period will be despatched the following day. When selecting our Express delivery method, orders placed before 12:00 CST will be dispatched the same day.

5.4 Free delivery is only applicable to orders over the specified basket value as declared on the Intimates By French Kiss website homepage. Your order will be despatched with our Standard Delivery service.

5.5 We will carry out a pre-authorization check on the card used for purchase to ensure there are sufficient funds to complete the transaction. The product you have purchased will not be dispatched until this check has been completed and payment has been captured.

5.6 Intimates By French Kiss cannot be held accountable for parcels delayed to reasons beyond our control, including but not limited to the following: Customs, service strikes, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, weather, natural disasters, fire, epidemics or failure of public or private telecommunications networks.

5.8 Our carriers do not deliver on weekends and public holidays.

6. CUSTOMS

6.1 Countries outside of the United States may be subject to additional duties to be paid. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you reside in; payment of these is necessary to release your order from customs on arrival.

6.2 If you refuse to pay the duties to release your order, the order may subsequently be abandoned by the courier and made non-refundable. Intimates By French Kiss will make every effort to ensure the parcel can be shipped back to the warehouse and refunded. Shipping and handling fees may, in this case, be applied to the customer.

6.3 By law, Intimates By French Kiss is required to state the correct amount paid for any outgoing international package. Any requests to change this information will be denied.

7. RIGHT OF WITHDRAWAL, RETURNS, AND REFUNDS

7.1 You can return products up to 14 days after your despatch date. Returns are accepted provided that the product is in its original condition, with all labels and tags still be attached, with no makeup stains, marks pulls, or rips of garments.

7.2 Intimates By French Kiss will not bear the cost of the return. This must be covered by the customer. Please check out our Returns Policy.

7.3 Once your return reaches our warehouse and has been processed by our Intimates By French Kiss Experts, we will issue your refund. We will endeavor to complete your return within 72 hours on working days (Monday-Friday). Please allow up to 7 days for your funds to arrive back into your account.

7.4 Refunds may only be made to the same payment method used to place the order.

8. PROMOTIONS / OFFERS

8.2 Only one discount code can be used per order. Intimates By French Kiss reserves the right to refuse or cancel the use of a discount code without any further discussion.

8.3 Promotions may vary across stores.

9. COMPLAINTS

9.1 We take all complaints very seriously and try to resolve disputes as soon as they arise. Customers wishing to make a complaint are encouraged to contact our Intimates By French Kiss Experts as soon as possible at mail@frenchkissintimates.com

10. PRIVACY POLICY

10.1 Please check our Privacy Policy which forms part of these Terms and Conditions

11. INTELLECTUAL PROPERTY RIGHTS

11.1 Intimates By French Kiss owns all intellectual property rights in the website and in the material published on it. These works are protected by copyright laws worldwide.

11.2 Permission is granted to temporarily download one copy of the materials (information or software) on Intimates By French Kiss website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not: modify or copy the materials, use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Intimates By French Kiss web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Intimates By French Kiss at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

12. AFTERPAY & SEZZLE

12.1 In cooperation with AfterPay & Sezzle, we offer you the following payment options. Payment is to be made to AfterPay or Sezzle: Pay later. Further information and AfterPay user terms you can find here and for Sezzle user terms you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in the AfterPay privacy statement and Sezzle privacy statement.

These Terms and Conditions were last modified on 23rd October 2019

Intimates By French Kiss Affiliate Program Terms of Service

Agreement

By signing up to be an Affiliate in the Intimates By French Kiss Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Intimates By French Kiss reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Affiliate.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Intimates By French Kiss cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own Intimates By French Kiss product accounts.

Links/graphics on your site, in your emails, or in other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Intimates By French Kiss. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Intimates By French Kiss. You must ensure that each of the links between your site and the Intimates By French Kiss properly utilizes such special link formats. Links to the Intimates By French Kiss placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on an Intimates By French Kiss product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click through a Special Link from your site, email, or other communications to https://frenchkissintimates.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $10 in affiliate income. If your affiliate account never crosses the $10threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $10 threshold.

Identifying yourself as an Intimates By French Kiss Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Intimates By French Kiss or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over $10, you’ll be paid each month. If you haven’t earned $10 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://frenchkissintimates.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Intimates By French Kiss reserves the right to end the Program at any time. Upon program termination, Intimates By French Kiss will pay any outstanding earnings accrued above $10.

Termination

Intimates By French Kiss, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Intimates By French Kiss service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Intimates By French Kiss reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Intimates By French Kiss will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach thereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing the choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Intimates By French Kiss to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Intimates By French Kiss and govern your use of the Service, superseding any prior agreements between you and Intimates By French Kiss (including, but not limited to, any prior versions of the Terms of Service).