Terms & Conditions
Welcome To The Ultimate Pleasure. These terms and conditions outline the rules and regulations for the use of The Ultimate Pleasure’s Website.
The Ultimate Pleasure
Somerton, Victoria, Australia
By accessing and using this website, you accept and acknowledge the following terms and conditions. Do not continue to use The Ultimate Pleasure’s website if you do not accept all of the terms and conditions stated on this page.
This website (Site) is operated by The Ultimate Pleasure ABN 13 208 733 811 (we, our or us). It is available at: https://www.theultimatepleasure.com.au and may be available through other addresses or channels.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “The Business”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary, to undertake the process of our assistance to the Client in the most appropriate manner, by any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalization and/or “he/she” or “they”, are taken as interchangeable and therefore as referring to same.
If you are under the age of 18 years, or below the age of majority within your country/state/province, then you are not permitted to use or view our Site.
You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us, or our Site, into disrepute, including
anything that would constitute a breach of an individuals privacy (including uploading private or personal information without an individual’s consent) or any other legal rights
using our Site to defame, harass, threaten, menace or offend any person
interfering with any user using our Site
tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site
using our Site to send unsolicited email messages
facilitating or assisting a third party to do any of the above acts
Unless otherwise stated, The Ultimate Pleasure and/or it’s licensors own the intellectual property rights for all material on The Ultimate Pleasure. All intellectual property rights are reserved. You may view and/or print pages from https://www.theultimatepleasure.com.au for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from https://www.theultimatepleasure.com.au
Sell, rent or sub-license material from https://www.theultimatepleasure.com.au
Reproduce, duplicate or copy material from https://www.theultimatepleasure.com.au
Redistribute content from The Ultimate Pleasure (unless content is specifically made for redistribution).
The following organizations may link to our Web site without prior written approval:
Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls and charity fundraising groups, which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Web site information so long as the link:
(a) is not in any way misleading;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services and
(c) fits within the context of the linking party’s site.
We may consider and approve, in our sole discretion, other link requests from the following organizations such as:
online directory distributors
We will approve link requests from these organizations if we determine that:
(a) the link would not reflect unfavourably on us, or our accredited businesses
(b)the organization does not have an unsatisfactory record with us
(c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of and
(d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product, furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link:
(a) is not in any way misleading
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services and
(c) fits within the context of the linking party’s site.
If you are among the organizations listed above and are interested in linking to our website, you must notify us by sending an e-mail to email@example.com.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site and a list of the URL(s), on our site, to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
By use of our corporate name, or
By use of the uniform resource locator (Web address) being linked to, or
By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of The Ultimate Pleasure’s logo or other artwork will be allowed for linking absent a trademark license agreement.
PRODUCTS & SERVICES:
Products visible on our Site are subject to being in low stock, or unavailable, at any time, dependent on the stock available from our various suppliers, to which we are unable to track the stock amount available to update our website in real time. We will not be held liable for listing a product as “in stock”, when it is discovered that the product is indeed unavailable through our suppliers. In the event a customer purchases a product/s from our online store, however it is out of stock or unavailable, we will provide compensation to the customer as stated in Our Customer Guarantees for the inconvenience caused.
If any product has been ordered by a customer, and it is identified as being out of stock through our suppliers, we will email that relevant supplier to determine an estimated delivery date of that product arriving to their warehouse from the manufacturer. It is here we will make a final decision on what course of action to take, otherwise we will provide the customer the choice of one of the following options:
a)- we will keep the customer order on hold no longer than 10 business days, immediately processing an order through for that particular item on the day it arrives at our supplier’s warehouse, so they can then distribute the product out to us the moment new stock arrives. If there is a delay of more than 5 business days in this process, the customer will be refunded any applicable shipping costs they incurred at checkout, and will have the product then shipped to them via express post free of charge, once the product arrives. They will be entitled to a 10% discount coupon from us for their next order, as compensation for the inconvenience caused.
b)- the customer can request to alter their existing order to a different product (or colour where applicable), to the same, or lesser value, with a refund provided to any difference less than the original order amount
c)- the customer can request to cancel their order and obtain a full refund, plus receive the benefits of Our Service Guarantee.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Our suppliers are within their rights to decline liaising with us each time they remove a product from their catalogue, to which we have advertised on our site. If a customer orders a product/s to which our suppliers no longer stock, we will advise the customer accordingly via email, and submit a full refund to that product/s value. We cannot advise of a timeframe when the refunded amount will be credited to the client account, as this is dependent on the relative financial institutions involved, however normal processing times vary from immediately, up to 5 business days.
EXCLUSION OF COMPETITORS:
You are prohibited from using our Site, including the Content, in any way that competes with our business.
MODIFICATIONS TO OUR SERVICE & PRICING:
We reserve the right at any time to modify or discontinue the Service (or part of) without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
All prices displayed on our site are listed in the currency of Australian Dollars and inclusive of Goods & Services Tax. GST will be calculated and applied at checkout. All our product prices are subject to change without notice.
RESERVATION OF RIGHTS:
We reserve the right at any time, and in its sole discretion, to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
NON COMMERCIAL USE:
Our Site is for your personal use only. You are not permitted to use our Site, or any of the Content, for commercial purposes, including any advertising, or advertising revenue generation activity on your own website, or any other platform, without obtaining a license to do so, from us.
REMOVAL OF LINKS FROM OUR WEBSITE:
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links, but will have no obligation to do so or to respond directly to you.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site, or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence
limit or exclude our, or your, liability for fraud or fraudulent misrepresentation
limit any of our or your liabilities in any way that is not permitted under applicable law, or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph and
(b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
they are complete, accurate, reliable, up-to-date and suitable for any particular purpose
access will be uninterrupted, error-free or free from viruses
our Site will be secure
You read, use and act on our Site and the Content at your own risk.
THIRD PARTY SITES:
Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
LIMITATION OF LIABILITY:
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, un-ascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
At our discretion, we may vary these Terms by publishing the varied terms on our Site, at any time. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy, nor do we commit to ensuring that the website remains available, or that the material on the website is kept up to date.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Any attempt to purchase products via our Site using a coupon code, to which you are not entitled to use (e.g.- an individual was provided with a coupon code by an existing member of our Site and uses it to purchase a product/s, however this individual is not a member themselves) will result in that transaction being cancelled and no refund will be issued. In using coupon codes on our Site, you do so at your own risk. When signing up to our newsletter, also referred to as subscribing to our site or becoming a member, you will be issued with a 10% discount coupon code via email. This coupon cannot be used in conjunction with any other coupons, nor does the discount apply to any items currently on sale.
Under NO circumstances do we accept a customer request nominating their own mail service for the delivery of their order, due to the increase in fraudulent incidents. All orders will be sent via Australia Post or another courier company we have deemed to be more cost effective and efficient at the time of a customer order being dispatched.
Due to the nature of the products we sell, we reserve the right to decline returns for any of the products we advertise on our site. For health regulations, we cannot handle, test or trial any product, to ensure it’s functionality and/or durability, or examine products for faults, other than being able to visibly view them through any windowed packaging. If you find any faults or issues with the products you purchase from us, it is advised you direct your inquiry directly to the manufacturer listed on the product packaging. We can assist you in the instance you need the manufacturer details. We accept no responsibility or liability for any faults, stains, defects or damage to any of the products within your order. Certain products are covered under warranty, however again, you should contact the manufacturer direct for further information. You can view more information about our returns policy here.
METHOD OF OPERATION:
The Ultimate Pleasure warehouse currently maintains only a small number of products on site, in readiness for immediate shipment to our customers. From the 4th of April 2022, we opted to expand our operations, and will operate our business from two locations. The administration aspect of the business will continue to operate in Hobart, Tasmania, whilst the storage, packaging, and shipping of products will operate from Somerton in Victoria. We have expanded our business to the Somerton location in order to continue housing more stock on hand, and to drastically improve delivery timeframes in which customers can receive their orders. We remain an “order on demand” business, meaning that all customer orders are collated at the end of each day, with all the products that have been ordered, then requested through our various suppliers, to be sent to us for delivery. This process normally takes 1 to 4 business days, for the products to arrive at our business, for us then to ship to clients accordingly, however we cannot guarantee this timeframe, as external influences and unavoidable impacts may occur from time to time, such as, but not limited to, coronavirus. By processing an order through our website, you are acknowledging and accepting this process.
Due to the continual rising costs of postage, effective from the 9th of February, 2024 we have changed our shipping costs to overseas addresses, including New Zealand. At the time of checkout, we will charge a base shipping cost of $16.95 for New Zealand customers and $37.95 AUD for other international customers. Once we have received all products from our supplier to fulfil that customer’s order, we will package the order to determine the parcel’s dimensions and weight. We will then submit the details to Australia Post to determine the total cost of shipping. Any orders that we then identify to cost in excess of $25 for shipping to New Zealand and $45 AUD for shipping to other overseas countries, we will require the customer then to pay the difference above to that value (e.g.- a customer from the USA purchases products to the value of $400 AUD and pays the $37.95 AUD shipping cost upon submitting their order. Upon receiving the products from our supplier, then packaging them accordingly, we proceed in calculating the dimensions and weight of the parcel, to which Australia Post provides us with a total cost of $90 AUD for shipping. That customer will then be required to pay an additional $45 to us for shipping in order for us to fulfil the order). If a customer declines to pay the additional cost for shipping, we will provide a refund to the full value of the order less $50 AUD. (e.g. – using the same scenario above, we would issue that customer with a refund of $387.95, which is $50 less than their order total of $437.95). This shipping charge applies to all orders where the shipping address is located outside of Australia. We will advise the customer details on how to make the payment for additional charges via the email address they provide in their order.
Here at The Ultimate Pleasure, we aim to do our part for the environment, and we do that by means of recycling our packaging, where possible. Our customers may received their products wrapped or boxed in recycled packaging. Where applicable, we use recycled bubble wrap and boxes from the deliveries we receive from our suppliers, and any respective third party retailers, on the provision they are still in acceptable condition to reuse. Please be aware of this on receipt of your order, and prior to placing your order with us. We ensure that all orders received are packaged in plain satchels, or Australia Post satchels, with no mention of The Ultimate Pleasure, or adult product related markings, to ensure customer discretion and privacy.
ACCEPTANCE OF TERMS & CONDITIONS: