The following terms and conditions govern the use of pinkscherry.com and any related mobile apps or services. By using our website, mobile apps, and related services, you agree to be legally bound by these terms. Please read them carefully.
Overview
Pink Cherry offers this website and related mobile applications to provide online shopping for adult products and sex toys. By using our services, you confirm that you are over the age of 18 or the age of majority where you live, and that it is legal for you to purchase and possess adult materials.
Pink Cherry reserves the right to modify these terms at any time. Updated versions will be posted here with the “last updated” date updated. Please check back periodically to ensure you agree with the latest terms. Use of our services after changes constitutes consent.
Placing Orders
When you place an order on our website, you are offering to purchase the items in your shopping cart. All orders are subject to approval and confirmation. We will inform you if for any reason we cannot accept or fulfill your order.
Prices and item availability are subject to change at any time without notice. We reserve the right to limit quantities or refuse service. Typographical errors or technical issues shall not obligate us.
Taxes and shipping/handling fees are additional to the prices displayed. You agree to pay all applicable taxes and fees associated with your order.
Payment Methods
All orders must be paid in full before fulfillment. We accept major credit cards and select online payment systems like PayPal. You represent you are authorized to use the payment method provided.
If your payment fails or is declined, we reserve the right to cancel your order or suspend delivery. You agree to cover any fees or costs we incur from payment issues.
Shipping & Delivery
Standard Shipping within the contiguous USA and Canada is free on orders over $59. For orders under $59, standard shipping costs $6.95.
Expedited Shipping like Express or Overnight is available for an additional fee on checkout based on your location. Shipping timelines displayed at checkout are estimates only; actual delivery may vary.
Where required by law, an adult signature is required upon delivery. You assume liability for packages left without a signature. Report any shipping issues promptly so we can investigate.
For international orders, additional shipping restrictions, customs fees, duties or taxes may apply as imported goods. You are responsible for knowing the laws in your jurisdiction.
We take precautions to ensure discreet delivery, but we cannot guarantee complete privacy. Be aware of others potentially observing your delivery. Track packages to avoid attempted delivery with others present.
Returns & Refunds
If you are dissatisfied with your purchase for any reason, you may return it for a full refund or exchange within 60 days of receiving your order.
Opened products may be returned or exchanged if in new condition. For health reasons, intimate products cannot be returned once opened or used unless faulty. Items marked final sale cannot be returned or exchanged.
To process a return, submit a request through your account or contact us. We will provide a prepaid return shipping label. Refunds are issued to your original payment method once received and inspected. You are responsible for return shipping costs unless the return is due to our error.
Exchanges are subject to availability. If the exchange item is more expensive, you pay the difference. If less expensive, the difference will be refunded. Only one exchange is allowed per original item.
Account Registration
Registration is optional to complete purchases as a guest. However, accounts offer benefits like order history, reward points, and saved preferences.
You confirm you are over 18 and that all registration details provided are accurate. Do not impersonate another person or use anyone else’s payment information.
Account username and passwords are confidential. Do not share login credentials with others. You are responsible for activity under your account. Notify us promptly of any unauthorized access so we can secure your account.
You may edit account details or close your account at any time via your profile. Closed accounts are removed from our databases after a period of time per our privacy policy.
Rewards Program
The PinkCherry Rewards program allows members to earn points from purchases that can be redeemed for discounts on future orders.
Points have no cash value, are non-transferable, and may not be combined with other offers unless expressly stated. Points expire 365 days after the last earning activity if there has been no redemption.
Points are earned on the subtotal product cost only, excluding taxes or fees. Rewards percentages and policies are subject to change without notice. Reasonable efforts are made to track points, but PinkCherry is not liable for inaccuracies.
Copyright & Trademarks
All content and materials on pinkscherry.com are protected by copyright and trademark laws. You may not use our brand names, logos, trademarks, or other marks without express permission.
Product images and descriptions are the sole property of their respective copyright and trademark holders. PinkCherry claims no ownership over third party intellectual property used.
User Content & Behavior
You are solely responsible for any information or content you share on or through our services. Do not post illegal, offensive or infringing content. We reserve the right to remove any user contributions without notice to comply with law or maintain site quality.
By sharing content with us, you grant PinkCherry unconditional, royalty-free usage rights to publish, reproduce, modify or distribute it on our website, mobile apps, social media, and marketing materials. Do not share personal information that you expect to keep private.
External Links
Third party links and referrals may appear on our site. We take no responsibility for the content or quality of external sites. Use or interaction with external sites is at your own risk. Please review the privacy and security policies of any site you interact with.
Disclaimers
PinkCherry strives for complete customer satisfaction, but cannot be liable for any damages arising from use of our website or purchase of products, including direct, indirect, special, incidental or consequential damages.
The site and products are provided on an “as is” basis without warranty of any kind, expressed or implied. We make no guarantees products will meet your requirements, or that the site will be uninterrupted or error-free.
All product information is for reference only. While we aim for accuracy, manufacturing changes may result in variance from images or descriptions. Check product details at time of order for the most up to date specifications.
You assume all responsibility for proper selection, use, and care of items purchased. Follow instructions carefully and seek professional advice if unsure how to safely use a product.
Opinions expressed on our blog and social channels are those of the individual author, not PinkCherry as a whole. User-generated content does not constitute professional advice.
Any offer for free items, rebates, points, or other rewards are subject to the specific terms and valid proof of eligibility for that promotion. Offers are limited while supplies last, and may change or end at any time without notice.
Limitation of Liability
Under no circumstances is PinkCherry liable for any harm arising from the use or misuse of products purchased from our site. This includes harm to yourself, sexual partners, or third parties.
You agree to fully release and hold PinkCherry harmless from any claims for personal injury or property damage resulting from use of our store, products, or services.
IN NO EVENT WILL PINKCHERRY BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND ARISING FROM THE SERVICES PROVIDED HEREUNDER. OUR MAXIMUM AGGREGATE LIABILITY FOR ANY BREACH OR ERROR IS LIMITED TO THE GREATER OF TEN DOLLARS ($10) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE PURCHASE.
Indemnification
You agree to defend, indemnify and hold PinkCherry and our employees, officers, directors & agents harmless from any claim, damages, losses, or costs arising from your use of our website or order services, including reasonable attorney fees, that arise from any violation by you of these terms.
Governing Law
These terms shall be governed exclusively by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of law provisions. Any dispute under these terms must be brought exclusively in the courts of Toronto, Ontario.
Severability
If any provision of these terms is deemed unlawful or invalid, that clause will be severed from the terms while the remainder continues in effect. The invalidity of a provision will not affect the validity of the remaining provisions.
Changes & Questions
We may modify these terms as needed to best serve our customers and comply with applicable laws. Changes become effective when published here with the updated date. Questions about these terms can be submitted to our customer service department at:
Email: [email protected]
Phone: 1-888-882-5223
Address: PinkCherry Legal Dept.
44 Victoria St. Suite 1612
Toronto, ON M5C 1Y2
Canada
Last Updated: January 2023