Terms and Conditions
Welcome to Personaluse (“we,” “us,” or “our”), an online store specializing in sexual wellness products. By accessing or using our website Personaluse.in (the “Site”) or placing an order with us, you agree to be bound by these Terms and Conditions (“Terms”). Please read these Terms carefully before using our Site or making a purchase. If you do not agree with these Terms, please do not use our Site or services.
1. General Information
These Terms govern your use of our Site, the purchase of products, and any services provided by Personaluse. We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective upon posting on the Site, and it is your responsibility to review these Terms periodically. Continued use of the Site after changes constitutes your acceptance of the revised Terms.
- Eligibility: You must be at least 18 years old to access or purchase products from our Site. By using our Site, you confirm that you are 18 or older and have the legal capacity to enter into a binding agreement.
- Contact: For any questions or concerns, please contact us at sales@personaluse.in.
2. Order Processing and Delivery
We strive to process and deliver your orders promptly, but certain circumstances may affect delivery timelines.
2.1 High Order Volumes
Due to the nature of our business, we may experience high order volumes, particularly following viral content on social media platforms such as Instagram and Facebook. In such cases, order processing and delivery may take up to 20 days from the date of your order. If your order has not been delivered within 20 days, please contact us at sales@personaluse.in, and we will address your concern promptly.
2.2 Product Substitution
In the event that a specific product you ordered is unavailable, we reserve the right to substitute it with a similar item intended for the same gender and purpose. Substituted items may differ in color, shape, or pattern but will serve a similar function. This is done to ensure timely fulfillment of your order based on product availability. We assure you that any substitution is carefully considered to meet your needs, and such substitutions are not errors but intentional to provide you with a comparable product.
2.3 Shipping and Delivery
- We offer discreet packaging to protect your privacy. All orders are shipped in plain, unmarked packaging with no indication of the contents.
- Delivery timelines are estimates and may vary due to factors beyond our control, such as shipping carrier delays, customs clearance, or unforeseen circumstances.
- You are responsible for providing accurate shipping information. We are not liable for delays or non-delivery due to incorrect or incomplete addresses provided by you.
3. No Refund Policy
Due to the intimate nature of our products, we do not offer refunds or exchanges once an order has been delivered. This policy is in place to maintain the highest standards of hygiene, safety, and brand integrity. By placing an order, you acknowledge that the products are personal items, and returning used or opened products could pose health and safety concerns for other customers. We encourage you to carefully review product descriptions, specifications, and images before placing your order to ensure it meets your expectations.
If you receive a defective or damaged product, please contact us at sales@personaluse.in within 7 days of receipt, and we will work to resolve the issue, which may include sending a replacement at our discretion.
4. Legality of Sex Toy Sales in India
The sale and purchase of sex toys in India are legal, as there is no explicit law prohibiting their manufacture, import, or distribution. However, the marketing, sale, and distribution of such products are subject to specific legal regulations, primarily related to obscenity laws. Below is an overview of the applicable legal framework:
4.1 Obscenity Laws
- Section 292 of the Indian Penal Code (IPC), 1860: This section prohibits the sale, distribution, public exhibition, or circulation of any obscene material or object deemed “lascivious” or appealing to “prurient interest” or tending to “deprave and corrupt” individuals. Violation of this section can result in imprisonment of up to 2 years (or 7 years for repeat offenses) and/or a fine.
- Section 294 of the Bharatiya Nyaya Sanhita (BNS), 2023 (replacing the IPC): This section similarly addresses obscene acts or materials in public spaces, which may apply to the display or marketing of sex toys.
- Section 67 of the Information Technology Act, 2000: This section prohibits the publication or transmission of obscene material in electronic form, including online advertisements or product descriptions.
- Indecent Representation of Women (Prohibition) Act, 1986: This law prohibits indecent representations of women in advertisements or product marketing, which could apply to promotional materials for sex toys.
4.2 Marketing Restrictions
The public display of erotic or obscene banners, advertisements, or promotional materials in physical or online spaces is strictly prohibited under the above laws. We ensure that our marketing practices comply with these regulations by:
- Avoiding explicit or obscene language, images, or representations in our product descriptions and advertisements.
- Marketing products as “sexual wellness” or “massagers” to align with consumer protection and obscenity laws.
- Restricting access to our Site to individuals aged 18 and older through age verification prompts.
4.3 Customs and Imports
The importation of sex toys is regulated under the Customs Act, 1962, which allows customs authorities to confiscate goods deemed obscene. To comply, we ensure all imported products adhere to legal standards and are classified appropriately (e.g., as “sexual wellness products” or “massagers”) to avoid misclassification.
4.4 Judicial Precedents
Recent judicial rulings have supported the legality of sex toy sales when conducted appropriately:
- In Kavita Phumbhra v. Commissioner of Customs (Port), the Calcutta High Court ruled that products designed for sexual enjoyment are not inherently obscene, provided they are marketed to adults without obscene imagery or language.
- The Supreme Court’s ruling in Justice K S Puttaswamy v. Union of India recognizes the right to privacy, including personal intimacies and sexual orientation, supporting the legal use of sexual wellness products in private settings.
We operate within these legal boundaries to ensure compliance and protect our customers’ rights to privacy and personal choice.
5. Data Privacy Policy
We are committed to protecting your privacy and ensuring the security of your personal information. Below is our data privacy policy:
5.1 Collection of Personal Information
We collect only the information necessary to process and fulfill your order, including:
- Name, email address, shipping address, and payment details.
- Browsing data, such as IP address and cookies, to enhance your experience on our Site.
5.2 Use of Personal Information
Your personal information is used solely for:
- Processing and delivering your order.
- Communicating order updates or responding to inquiries via sales@personaluse.in.
- Improving our Site’s functionality and user experience.
5.3 Data Sharing
We do not sell, share, or disclose your personal information to third parties, except as required to fulfill your order (e.g., sharing your address with shipping carriers). Any third-party service providers we use are contractually obligated to protect your data and comply with applicable laws.
5.4 Data Deletion
To ensure your privacy, we automatically delete your personal information from our systems after your order has been delivered and any post-delivery support (e.g., addressing defective products) has been resolved, unless required to retain it for legal or regulatory purposes.
5.5 Compliance with Data Protection Laws
We comply with the Digital Personal Data Protection Act, 2023 (DPDP Act), which governs the processing of digital personal data in India. Under the DPDP Act, you have the right to:
- Access, correct, or update your personal information.
- Withdraw consent for data processing.
- Request deletion of your data (subject to legal obligations).
- File a complaint with the Data Protection Board of India if you believe your privacy rights have been violated.
To exercise these rights, please contact us at sales@personaluse.in. We will respond to your request within the timelines prescribed by law.
5.6 Data Security
We implement reasonable security measures to protect your data from unauthorized access, breaches, or misuse, in compliance with the Information Technology Act, 2000 and its associated rules.
6. Consumer Protection and E-Commerce Compliance
As an e-commerce business, we adhere to the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, which require:
- Transparent product information, including size, weight, and other attributes, displayed on our Site.
- Clear terms for returns, refunds (as applicable), and shipping policies.
- Appointment of a nodal officer to address customer grievances. Contact our nodal officer at sales@personaluse.in for any complaints.
We also comply with the Legal Metrology Act, 2009 and its rules, ensuring accurate product labeling and descriptions on our Site.
7. Prohibited Activities
You agree not to:
- Use our Site for any unlawful purpose or in violation of these Terms.
- Attempt to access or interfere with our Site’s security or functionality.
- Misrepresent your age or identity to access our Site or purchase products.
8. Limitation of Liability
To the fullest extent permitted by law, Personaluse shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Site or purchase of our products. We are not responsible for delays or issues caused by third parties, such as shipping carriers or customs authorities.
9. Governing Law and Dispute Resolution
These Terms are governed by the laws of India. Any disputes arising from these Terms or your use of the Site shall be resolved through amicable negotiation. If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts in Delhi, India.
10. Miscellaneous
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force.
- Entire Agreement: These Terms constitute the entire agreement between you and Personaluse regarding the use of our Site and services.
- Force Majeure: We are not liable for delays or failures to perform due to events beyond our control, such as natural disasters or government regulations.
11. Contact Us
For any questions, concerns, or complaints, please contact us at:
- Email: sales@personaluse.in
- Response Time: We aim to respond to all inquiries within 48 hours, though response times may vary during high order volumes.
Thank you for choosing Personaluse. We value your trust and are committed to providing a safe, discreet, and compliant shopping experience.
