Terms and Conditions

BrownDildo.com is owned and operated by BrownDildo and its subsidiary, BrownDildo For the avoidance of doubt any reference to “us” “we” or “our” in these Terms refers to BrownDildo

Enterprises Inc. and any reference to “you” or “your” refers to the customer as a purchaser of the

BrownDildo Inc. products.

It is a condition of a user accessing and reading the BrownDildo website (“the Website(s)”) that

BrownDildo disclaims all warranties in respect of the same whether express or

implied in relation to the material published on the Website. Your statutory rights as a consumer

are not affected.

This page (together with our Privacy Policy, Payment, Shipping and Returns Policies) tells you

information about BrownDildo and the legal terms and conditions on which we sell

any of the products listed on the Website.

These Terms will apply to any contract between us for the sale of products to yourself. Please

read these Terms carefully and make sure that you understand them, before ordering any

products from the Website. By placing any order, you will have agreed to these Terms. If you

refuse to accept these Terms, you should not order any products from the Website.

We reserve the right to amend these Terms from time to time. Every time you wish to place an

order you should check these Terms to ensure you understand the terms which will apply at that

time.

Age of Consent

By placing an order on the Website, you declare that you are of the appropriate legal age to

purchase the items. If we discover that you are not of legal age to order certain goods, we reserve

the right to cancel your order.

Contract Formation

All orders made by you through the Website are subject to acceptance and availability. We may

choose not to accept your order for any reason.

Prices of products are correct at the time of entering information, however, we reserve the right

to change prices without prior notice.

Only when BrownDildo accepts the Order by sending you a confirmation email that

your order has been created will a contract have been created between yourself and BrownDildo.

Cancellation

If you are an EU or UK consumer, you have the legal right, under the Consumer Protection

(Distance Selling) Regulations of 2000 to cancel your order within fourteen (14) working days

following receipt of the goods or the date on which we begun the provision of services. Refunds

for orders cancelled under the provisions of the Consumer Protection (Distance Selling)

Regulations will be processed in accordance with your legal rights.

Regional returns policies will apply, please see our Returns Policy for more information

Email Marketing

Information relating to the BrownDildo email marketing sent to customers can be

found in our Privacy Policy.

Privacy

Our Privacy Policy explains how we collect, use and store your personal information, including

who we may share it with; how long we keep it; the circumstances in which we, or others, may

contact you (including sending you advertising and marketing messages); and the rights you

have in relation to your personal information.

We also use cookies or similar technologies to store certain types of information each time you

use our site. You can find out more information about how we use cookies and other similar

technologies in our Cookies Policy.

Fraud Prevention

BrownDildo takes fraud very seriously and we do everything in our power to prevent

fraud from occurring. If false or inaccurate information is provided and fraud is identified, details

will be passed on to fraud prevention agencies.

BrownDildo has fraud prevention software services that we use in order to prevent

fraudulent purchases and practices, these are in place to protect both the customer and BrownDildo.

Copyright

Any material found within the pages of the Websites, including, but not limited to text or images

are the property of BrownDildo and may not be copied, reproduced, republished,

downloaded, posted, broadcast or transmitted in any way except for your own personal non-

commercial use. You hereby agree not to adapt, alter or create any derivative work from any of

the material contained in this site.

Use of BrownDildo

BrownDildo will not be liable for any use of the Website (including any ordering of

products) that results in:

losses that were not foreseeable to both parties when the contract was made;

losses that were not caused by any breach on the part of the supplier;

business losses and/or losses to non consumers.

We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979

(description, satisfactory quality, fitness for purpose and samples; and

(e) defective products under the Consumer Protection Act 1987.

(f) any protections afforded by the FTC consumer protection

You agree to use the Website only for lawful purposes, and in a manner which does not infringe

the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such

restriction or inhibition includes, without limitation, conduct which is unlawful, or which may

harass or cause distress or inconvenience to any person and the transmission of obscene or

offensive content or disruption of normal flow of dialogue within the Website.

External websites

As a convenience for BrownDildo customers, our website includes links to other websites or

material which are beyond our control. BrownDildo Limited is not responsible for the

content of external websites linked on the Websites.

Jurisdiction

These Terms are governed by the laws of Quebec, Canada.

BrownDildo reserves the right to amend these terms and conditions from

time to time without notice.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of

our obligations under a contract that is caused by a force majeure event. A force majeure event

which means any act or event beyond our reasonable control such as, but not limited to, strikes

or industrial action by third parties (but not those caused by BrownDildo's own

employees), civil commotion, riot, invasion, terrorist attacks, war (whether declared or not) or

threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic,

pandemic or other natural disaster (“Event”).

If an Event takes place that affects the performance of our obligations under a contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a contract will be suspended and the time for performance of our

obligations will be extended for the duration of the Event. Where the Event affects our delivery

of products to you, we will arrange a new delivery date with you after the Event is over.

You may cancel a contract affected by an Event . To cancel please contact our customer services

team and we will refund the price you have paid, including any delivery charges

Additional terms

We may transfer our rights and obligations under a contract to another organization, but this will

not affect your rights or our obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if

BrownDildo agrees in writing.

These Terms are agreed between you and us. No other person shall have any rights to enforce

any of its Terms.

Each of the clauses within these Terms operates separately. If any court or relevant authority

decides that any of the clauses are unlawful or unenforceable, then the remaining paragraphs will

remain in full force and effect.

The failure or delay of BrownDildo to exercise any right, power or remedy provided

under these Terms or otherwise available in respect hereof at law or in equity shall not constitute

a waiver by BrownDildo of its right to exercise any such or other right, power or

remedy or to demand such compliance, or you of your obligations under these Terms. In the

event we do waive a default we will do so in writing on a case by case basis.

Shipping

The carrier and shipping method used for your order is dependent on the shipping method you

select at checkout. Taxes will be charged depending on your state or province's regulations.

Discreet Packaging

BrownDildo cares about your privacy so we ship everything in plain boxes,

manila envelopes or bubble mailers with no company branding or logos visible.

Missing or Lost Parcels

BrownDildo is not responsible for the reimbursement, replacement, or re-shipment of

parcels that are deemed missing or lost. Each parcel receives a tracking number and you can

and you can file a claim with the carrier.

International orders

Any duties or customs on international orders will be the responsibility of the receiver.

Please be aware of any laws in your area which could affect the timely delivery of your order.

We are not responsible for items that the authorities confiscate. We cannot be held accountable

for items that are considered illegal in your place of residence.

In the event of a package being returned due to improper address or inability to deliver, there

may be an additional charge to have the package re-shipped.

Returns

At BrownDildo, we want you to experiment and have fun. Part of our mandate is to

help you make an informed decision before you buy by providing great product descriptions,

measurements and photos. Please read all product descriptions, ingredient lists, and

measurements carefully before you buy and feel free to contact us with any product related

questions if you are unsure about your selection. We are unable to cancel and refund orders after

they have been processed.

Because of the intimate nature of our products, we are unable to accept returns or exchanges

on products purchased.

We ask you to check all products immediately upon receiving them to ensure that everything is

in good working order and that you have received exactly what you ordered. If you find a

manufacturer defect in any product we sell, we will replace it with the same item.

Items listed as sold by the Bellesa brand are entitled to a 1-year warranty for manufacturing

defects. Items listed as sold by another brand on our website are entitled to a six-week warranty

for manufacturing defects.

A defective product will include, but is not limited to, the following issues: won't charge,

damage to external shell, won’t turn on or off, won’t change modes. Once confirmed defective,

the care team will initiate the replacement process.

To replace a defective item:

Please send an email to [email protected] with your order number and a video illustrating

the defective product. If a video cannot be submitted over e-mail, you may send it through our

social media channels. The customer care team will determine if the product is defective at their

discretion.

Replacements for items in stock will ship within 5 business days. Replacements for items on pre-

order will ship according to our team’s advisement. Customers are entitled to swap a defective

item on pre-order for another item as determined by our team but will otherwise be sent the same

item. Defective items are not eligible for refunds.

If a replacement item is defective, you will be issued a store credit.

Order Cancellation

Please be advised that once payment has been processed, an order cannot be cancelled.

BrownDildo Customer Complaint Policy and Procedures

This policy and procedure applies to complaints received by BrownDildo, as it relates to the use of products and

services on BrownDildo to ensure prompt and efficient handling and resolution.

a. Guiding Principles

• It is in the interest of all parties that complaints are dealt with promptly and resolved as

quickly as possible.

• Review of complaints is fair, impartial and respectful to all parties.

• Complainants are provided clear and understandable reasons for decisions made relating

to complaints.

• Complaints are used to assist in improving services, policies and procedures.

b. Defining a Complaint

In this policy, a complaint means an expression of dissatisfaction by a customer relating

to products and/or services provided by BrownDildo.

c. Complaint Receipt and Handling

A complaint may only be received in writing, either by emailing or using the contact. If a customer calls to make a complaint they will be directed to

follow up over email, so that all complaints may be documented. When a complaint is

received, the customer support team will determine who is the best person to handle it.

The “best person” is defined as the individual who has specific knowledge relating to the

complaint, and who is authorized to resolve disputes. It is the responsibility of the

customer support team to to transfer the complaint, and the onus is on the individual

handling the complaint to reply directly to the customer informing them the complaint

has been received, and if possible, providing a timeline for action. At this time, the

complainants name, phone number, email address, order or subscription information, and

nature of the complaint is recorded.

d. Resolving the Complaint

Complaints are to be resolved in a timely fashion. Complaints related to purchases will be

resolved within 10 business days by the appropriate party. Complaints related to

employees will be handled by the Customer Service of Customer Experience, who will

inform the complainant of the timeline for resolution. Complaints related to the Vice

President of Customer Experience will be handled by the CEO, who will similarly inform

the complainant of the timeline for resolution.

e. Documenting the Complaint

All complaints are recorded, and records will include the complainants name and contact

information, which will be kept private, along with the date of complaint. The record will

also include the details of the complaint, the actions taken to resolve the complaint, and

the outcome. As part of our improvement plan, complaints will be reviewed by

management to identify trends and improve our processes to mitigate further issues.