Adam & Eve’s 5-Year Warranty

Consumer Warranty Terms and Conditions

Notwithstanding any potential statutory liability, PHE, Inc., parent company of Adam & Eve, AdamMale, Sinclair Institute, Eve’s Toys, Adam & Eve Stores, and other companies, (hereinafter "we" or “us”) hereby grants a warranty on select products manufactured by and sold by us in accordance with the following consumer warranty terms and conditions.

Your statutory rights and remedies in relation to the products remain unaffected.

1. Personal Scope

The present warranty refers to products sold by us to consumers (hereinafter also “warranty holders”) via our online shop or by third parties in retail trade.

2. Warranty Period, Subject of the Warranty

The warranty is valid for a period of 5 years and takes effect at the time of expiration of the statutory limitation period for breaches of contract in the respective state in which the buyer has his residence. The warranty refers to products manufactured under the “Adam & Eve” brand (hereinafter referred to as "products"), which have been purchased from us against payment, but not to replacement products, which have been made available to the warranty holder as replacement equipment in fulfilment of our obligations under our statutory liability for defects or under this warranty.

The following products are not subject to this warranty:

• Condoms
• Lubricants
• Massage oils
• Care and cleaning products (such as disinfectants, powder, etc.)
• Aphrodisiacs
• Promotional items
• Free gifts
• Items sold by Adam & Eve that are made by other companies and/or brands, such as Cal Exotics, DocJohnson, Evolved, Fifty Shades of Grey, Fleshlight, KingCock, Pipedream, Satisfyer, We-Vibe, etc.

The warranty does not cover damage and/or malfunction of the products caused by:

• Improper and/or inappropriate use and care of the products, including further use after the occurrence of the warranty claim.
• The use of accessories other than original accessories
• Use of force and other environmental influences
• Repairs or attempted repairs or modifications by persons who have not been commissioned by us within the scope of fulfilling our obligations under a contract, our statutory liability for defects or the warranty
• External changes due to wear and tear or damage caused by accidents

3. Scope of the Warranty

In the event of a warranty claim, we will, at our discretion, replace the same product or, if no longer available, a similar product chosen by us. If you purchased the product directly from us, refund the purchase price. Further claims, in particular for compensation for benefits of use (interest) or damage that did not occur to the product itself, are not covered by the warranty.

In the event of a replacement, we will deliver the replacement product at our expense and risk to the delivery address provided by the warranty holder. The replaced product becomes our property upon delivery of the replacement product.

4. Conditions of the Warranty

A claim under the warranty may only be brought forward under the following conditions:

• Presentation of the original proof of purchase
• The product is used and maintained in accordance with its intended purpose and in an orderly manner, in particular exclusively for the intended purposes according to the manufacturer's operating instructions and in compliance with the applicable safety precautions.
• The product will be sent properly packaged in accordance with the provisions of Section 6 in order to check the warranty claim and, if necessary, to provide the services under the warranty promise.

The warranty holder reserves the right to prove that the events described in the previous sentence are not causally related to the occurrence of a warranty claim.

5. Notification Requirement and Processing of the Warranty Claim

The warranty holder must notify a warranty claim in text form (e.g. by letter, fax or e-mail) within one month after the warranty holder has or should have acquired knowledge of the warranty claim.

We are entitled to commission third parties to examine the warranty claim and, if necessary, to provide the services under the warranty. In this case, these are considered to be our vicarious agents. A claim to an examination of the warranty claim or provision of the services by a specific service shop may not be made.

The warranty holder shall send the product with all accessories to us or to a service shop named by us at his/her own expense and risk for the purpose of checking the warranty claim and, if applicable, rendering the services under the warranty. In order to avoid damage during transport, we recommend that the product be sent in its original packaging and with all packaging components if possible. If necessary, use protective external packaging. If you no longer have the original packaging, you should use suitable packaging to ensure adequate protection against damage during transport. Please note that failure to comply with these modalities will lead to losing any claims under the warranty.

In case of returning the product, you will have to bear the costs of the return.

If, when the product is sent in, the conditions for a claim under the warranty conditions according to point 5 are not met, the warranty holder shall bear the costs incurred by the examination of the product sent in, insofar as the absence of a warranty claim was clearly and apparently recognizable to the warranty holder.

In warranty claims, the product must be sent to the following address together with the original proof of purchase:

6. Territorial Scope

The warranty is only valid within the United States.