The following are the terms and conditions (called the 'Terms') apply to all sales of goods by 9463-3500 Quebec Inc., known as “Freely” and replace any previous terms and conditions. These Terms refer to the use of Freely's website (freelytoys.com) and the sale of goods through Freely's website (the 'Website'). Please take the time to read this agreement carefully as it contains important information affecting your legal rights, obligations and remedies. This includes, among other important provisions, various limitations on your rights, terms regarding the use of personal information, limitation on the liability of Freely, obligations to comply with applicable laws and regulations, and a clause governing jurisdiction for any disputes. If there is any term that you do not understand please, notify us via our customer services department. For avoidance of any doubt, any changes to these Terms to be effective and binding upon Freely must be made in writing and signed by an authorized Freely representative. Please read through the Terms carefully before placing your order, and if you are ordering from our website print a copy for future reference. By using the Website and ordering goods from the Website, you acknowledge your acceptance of these terms and conditions. Freely reserves the right to change these Terms from time to time without notice. However, any changes will only apply to any subsequent orders received.

Definitions

'You' and 'your' means the person, firm or company who enters into or attempts to enter into a contract with us. 'Us', 'our' and 'we' means Freely.

Purchasing from the Freely Website

You must be over 18 to purchase anything from our website. You must have the legal capacity and authority, as well as any necessary consents and permissions, to enter into such agreements. Your order constitutes an offer to purchase goods from Freely. It is your responsibility to verify that your email address is correct and working. You assume the risk of all consequences for transmission or operational failures.

Data Protection

Please note that by sending us your order, you allow us to use your personal details in order to supply the goods to you (which may involve passing them on to relevant third parties such as delivery firms), for marketing and other purposes. We will ask for your permission if we wish to use your details for any other reason (and you may ask us in writing to remove your details from our system by writing to us at our address). We will not sell your details onto a third party. Your data is protected by our Privacy Policy, which can be found on Freely’s Website.

Price

The price of each product shall be the associated price quoted on the website except for when we make an error. If we have made an error, then we will inform you of this as soon after you have placed your order as possible and will tell you the correct price, asking you if you still wish to place your order with us. If we have not obtained a response from you within 7 days, then we will presume that you did not want to place your order again with us and we will give you a full refund if you have already paid. You may be required to pay extra fees for shipping and delivery and this charge will be added at the checkout page.

Payments and Delivery

Payments can be made by credit cards, debit cards and prepaid cards. Your charges will be billed as “9463-3500 Quebec Inc.” (Freely’s incorporated name). Your card will be charged as soon as your order has been placed. We will deliver your order to the address given to us by you when you place your order. We aim to dispatch all orders within 2 to 7 days, given manufacturing times. As with all mail order companies, please allow a delay of 28 days for couriers such as Canada Post, UPS, FedEx, and USPS to deliver your order. Our average delivery time is under 7 days for Canada and US with International times subject to distance and courier service chosen. All claims for shortages and damages must be reported to our customer service department within 30 days of receiving the goods. This does not affect your statutory rights as a consumer. Orders are dispatched from our premises on regular business days in the province of Québec, and we manufacture during regular business days in Québec. This means, depending on stock levels and demand, that orders may take from between 6-8 weeks to manufacture and dispatch. This can sometimes be higher, if we have a backlog of orders.

Limitation of Liability

9463-3500 QUEBEC INC., “FREELY”, PRODUCTS AND TOYS ARE INTENDED FOR ADULT USE ONLY. NONE OF THE DESCRIPTIONS USED SHOULD BE INTERPRETED AS INSTRUCTIONS OR DIRECTIONS FOR THE USE OF THE PRODUCT. IT IS YOUR RESPONSIBILITY TO USE THE PRODUCTS SAFELY AND WITHIN YOUR CAPABILITIES. FREELY PRODUCTS ARE PROVIDED WITHOUT ANY GUARANTEE. FREELY MAKES NO REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO GUARANTEES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC OR GENERAL PURPOSE AND THOSE ARISING BY STATUTE OR LAW, OR FROM A CAUSE OF DEALING OR USAGE OF TRADE. IN NO EVENT, REGARDLESS OF CAUSE, SHALL FREELY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER BASED ON THIS AGREEMENT OR OTHERWISE.

Availability of Goods You Order

If we are unable to provide you with the goods you have ordered, you will be contacted as soon as possible, at which point you will be offered the choice of accepting substitute goods of equivalent value or a complete refund of any sums that you have paid.

Cancellation and Return

Due to the nature of the products we sell, we only accept returns on items that are defective, which of course we will be happy to replace at any time, as a representation of our lifetime warranty. Exercising this warranty to obtain a product replacement is only possible if the buyer provides proof of the defective product and returns it to the seller at their own cost. We reserve the right to refuse out-of-warranty returns of products, Contact us if you find yourself in this situation. We reserve the right not to refund the shipping and delivery charge if items are returned for refund. Please remember that you have a duty of care with any goods that are in your possession which you intend to return. We therefore recommend that you ensure all returns are made with the original packaging to ensure that the product is not damaged. Failure of this may result in an excess charge being made to cover the repackaging costs and any loss in value of the item. Should you choose to return an item to us we recommend that you send it via a trackable delivery method to ensure its safe return. Please include an explanation for the return of the items in the package to limit any delay, along with the email address you ordered from us with. All canceled or returned orders are subject to a 20% restocking fee at our discretion.

Delivery

We will not be under any liability to you for any delay or failure to deliver if the same is wholly or partly caused directly or indirectly by circumstances beyond our reasonable control. You have the sole responsibility for additional customs charges levied and we will not be under any liability to you for such charges. We also will not be under any liability to you for additional customs charges levied. You are also responsible to check if your delivery address is within a country in which sexual toys are legal. If not, your product may be confiscated by said country. We will not be liable under our agreement with you for any loss or damage caused by us or our employees or agents in circumstances where i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; ii) such loss or damage is not a reasonably foreseeable result of any such breach; iii) any increase in loss or damage results from breach by you of any of these Terms. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity). Nothing in these Terms affects any statutory rights of consumers that you may have and that cannot be waived or limited by contract.

General

The benefit of any contract entered into with us is personal to you and only you can enforce the contractual terms. These Terms, and any rights granted hereunder, may not be transferred or assigned by you. No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 will continue in full force and effect. The headings in these Terms of Service are for convenience only and have no legal or contractual effect.

Freely 9463-3500 Quebec Inc. Last modified: 2022-04-30