Terms & conditions
Legal stuff you need to know…
No matter what the legal folk made us say, we aim to treat you exactly as we hope to be treated (fairly and with respect!) and we promise we will not sell or pass on your details to third parties. If you have any queries, please contact us.
Terms & conditions
1. Agreement to terms & conditions
1.1 Acceptance of terms & conditions
1.1.1 The website www.higherdesire.co.uk is owned and operated by Higher Desire, trading as ‘Higher Desire’. References to “Higher Desire”, “we”, “us”, our”, “online shop”, “online store”, “shop”, “store” or “website” are references to Higher Desire. The term “you” or “your” refers to the user or viewer of our website. We are a company in England and our address for correspondence is:
Telephone: 07401 931233 (9am to 4pm GMT, Monday to Friday)
1.1.3 Our working days are Monday to Friday, 9am to 4pm GMT, excluding UK public holidays.
1.2 Changes to terms & conditions
1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms & Conditions at our sole discretion. The Terms & Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes.
1.3.1 Our online shop at www.higherdesire.co.uk does not presently offer subscriptions.
1.4.1 If you have an account on higherdesire.co.uk you will be able to login and view your previous orders. We cannot be held liable for any errors in the display of this information.
1.4.2 Accounts are optional. You do not have to open an account to shop on our online store, guest checkout is available.
2. Website use
2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
2.2 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
2.3 You are responsible for maintaining the confidentiality of your optional account and password and for restricting access to your computer. If your password becomes compromised you can change it in the account area on www.higherdesire.co.uk or you must inform us immediately using the Contact Us form on the website. We strongly suggest you use a unique password for our website that is at least 16 characters long and is comprised of a random mix of letters, numbers and symbols.
3. User material and third party websites
3.3.1 In these Terms & Conditions, we use the term ‘User Material’ to refer to any material of any kind that you submit to us, including but not limited to text, reviews, testimonials, comments, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register or when you subsequently change that information.
3.3.2 If you review or submit User Material you are agreeing to do so on these Terms & Conditions. If you do not want to review or submit User Material on these terms, then you should not do so.
3.3.3 We do not systematically review User Material submitted by users of this website. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
3.3.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this website, particularly where User Material breaches this section of the Terms & Conditions and we may do this with or without giving you any prior notice.
3.3.5 We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to Higher Desire a non-exclusive, royalty-free, sub-licensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media (including, but not limited to, our website and those websites which we operate by way of a ‘white label’ or ‘co-branded’ service for third parties).
3.3.6 We may link User Material or parts of User Material to other material, including material submitted by other users of the website or created by Higher Desire and / or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those in the website or to promote, market or advertise Higher Desire. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third-party advertising which appears next to User Material.
3.3.7 Each time you submit User Material to us, you represent and warrant to us as follows: (a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (including copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive; does not encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law; and is not otherwise inappropriate; (c) your User Material does not advertise any product or service or solicit any business; (d) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of eighteen (18) and if User Material identifies any individual over the age of eighteen (18), you have that person’s consent to being identified in exactly that way in your User Material; and (e) in submitting your User Material you are not impersonating any other person.
18.104.22.168 When posting reviews you consent to receive emails regarding your submitted content and you consent to the email address you enter being added to Higher Desire promotional email lists. Unsubscribe links are included with every promotional email we send out.
3.3.8 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or imply a recommendation or endorse the views expressed within them. We have no responsibility for the content of the linked website(s). Once you have used these links to leave our site we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by our privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
4. Your account
4.1 We may refuse any application to set-up an account or receive our services for any reason whatsoever. Please note that by supplying your email address on joining us you grant us permission to contact you via email regarding your account and changes to the services the website offers.
4.2 With the exception of order processing and associated records (currently carried out on our behalf by payment gateways Stripe and / or PayPal and / or Amazon Pay and / or Mailchimp), we will not pass your personal identifiable details to any company outside of our group.
4.3 We will never sell your details to any company outside of our group.
4.4 Your data may be transferred outside the EEA (European Economic Area).
4.5 We do not store your credit or debit card details permanently on our server or sites. They are discarded once your transaction is completed. Depending on your transaction with us, your card details may be securely stored on our payment gateway provider’s server. You can check and amend what details we hold by visiting your account admin page.
5. Availability of website
5.1. Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
5.2. Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order by emailing firstname.lastname@example.org. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
6. Purchase of products
6.1 You may submit product orders online at any time. The facility and our communications to you in relation to any order will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
6.2 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms & Conditions.
6.3 No order is accepted from you until all goods have been despatched from us.
6.4 Payments for our website are currently processed by Stripe and / or PayPal and / or Amazon Pay are subject to their Terms & Conditions.
6.5 You can only purchase products to be delivered to the country where you reside and where your payment card is registered. We reserve the right to decide the countries we will ship to. These are clearly shown on the shipping section of the checkout.
6.6 You are responsible for entering the correct billing address (where your payment card is registered to) and the correct shipping address (if different to the billing address). We will send you a confirmation email when your order or subscription has been processed. Please check the details immediately and if you need to change anything please contact us immediately. We ship orders in good faith to the address you specify and we cannot be held responsible for orders if the delivery details you have entered are not correct.
6.7 When you place an order for goods or services from our website we will use the email address you provide to confirm details of your order and send you confirmation of despatch as well. We will automatically send you some promotional follow-up emails, for example a survey to see if we can improve our service to you, and a request for you to review your purchase. These promotional emails may have an unsubscribe link that you can use to stop receiving such emails. You will need to unsubscribe separately from our promotional emails and from our review request emails. Please note that it may take up to ten (10) days for us to process opt-out requests. We may still send you emails about your account, transactions or the products / services that you have requested or received from us (including despatch information, confirmation of orders, payment failures and similar). When you place an order with us you agree to receive these essential emails. You cannot unsubscribe from these essential transactional emails.
7. Free or discounted offers
7.1 Free or discounted introductory offers are only available to new or invited users of the website, except where expressly stated, previous users or trialists of the website do not qualify for an additional special offer.
7.2 Free or discounted offers are available only once to any one person.
7.3 You must have internet access and valid payment details to redeem a free or discounted offer.
7.4 Upon registering for your free trial, your method of payment will be authorised for up to the cost of the products in order to verify your identity, and to protect us from theft and fraud. Some banks or payment card companies may reflect this authorisation against your available balance or credit limit.
7.5 You will be charged the full price for products after your free or discounted offer.
8. Payments, VAT, other taxes and availability
8.1 Your card will be charged immediately you place an order. We aim to ship your order within five working days of it being placed.
8.2 Our website is designed not to ship products unless payment has been received in full. Please note that should your account fall into arrears, Higher Desire reserves the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a GBP £100.00 handling charge for all such cases.
8.3 You agree not to hold us responsible for banking charges incurred due to payments on your account.
8.4 Goods are subject to changes in supply levels and supply prices. Occasionally goods may become unavailable or goods may be discontinued. Higher Desire reserves the right to change the fees for any products or services at any time.
8.4.1 If goods become unavailable or discontinued we will do our best to supply similar item(s). In this circumstance we will refund any difference in price or, if a customer prefers, cancel an order or service without penalty.
8.4.2 If goods become unavailable or discontinued and, in our opinion, we cannot source an acceptable replacement, we reserve the right to cancel orders or services without notice. We will refund all fees for orders or services that cannot be supplied or despatched.
8.5 Please contact us in the unlikely event you discover a discrepancy on your bill from our online shop. If there is an error we will credit your card within ten (10) working days – but we aim to be quicker!
8.6 On your credit / debit card statement your order will show up as being charged to “Higher Desire” or “www.higherdesire.co.uk”.
8.7 All goods and services ordered from our website remain the property of Higher Desire until payment is received in full.
8.8 The prices on our website are standardised and are the same for every country we ship to. They do not currently include VAT at the current rate for the UK, Isle of Man and for EU countries. The VAT element, if applicable to your order, will be shown on the checkout and on the email invoice / receipt that we will send you.
8.9 For countries and destinations outside of the UK and EU (including but not limited to Guernsey and Jersey), no VAT or tax element is included in the cost of your order.
8.10 For orders delivered outside of the UK the purchaser may have to pay import duties and taxes, which are levied once a package reaches your country. Any local duties, taxes or customs charges assessed by your government are your responsibility. You must meet any additional charges for customs clearance. Please note, customs policies vary widely from country to country. Charges for customs clearance and import duties must be borne by you; we have absolutely no control over these charges and cannot predict what they may be. We recommend you contact your local customs office for further information prior to placing your order. Please also note, international shipments may be subject to cross-border inspections by customs authorities. We cannot be liable for any additional taxes or import duties levied.
8.11 We reserve the right to cancel any order. We will refund all payments for orders we cancel.
9. Delivery, returns and refunds
9.1 Delivery Information for UK Online Shop Orders. You may view our shipping, delivery charges and returns and refunds policy here.
Occasionally, if a package for free or standard delivery is too heavy or valuable to be sent via Royal Mail, it will be sent by courier at no extra cost to you.
Once payment has been processed we aim to ship all orders within two (2) working days of receipt. Working days for us are Monday to Friday (not including all UK Bank / Public Holidays). Once orders have been shipped, delivery times for orders are estimated as follows:
If your order cannot be delivered (for reasons beyond our control such as nobody home or item too big for letterbox etc.), a card should be left to notify you of the delivery attempt (though this may not happen if the delivery address is a block of flats, if the address is protected by an intercom entry system or if there is no obvious letterbox). The card will contain details of how to re-arrange delivery. After 5 working days from the first delivery attempt, if the order has not been delivered or collected, then the goods will be returned to Higher Desire and you will need to contact us to re-arrange delivery and this may be subject to an additional charge.
9.2 Delivery Information for non-UK Online Shop Orders. For overseas destinations, delivery is by Royal Mail International or by Courier and is charged at cost plus packaging. The price is based upon the weight of the products ordered.
EU and Europe: Please allow up to 5–10 working days.
Rest of the World including USA and Canada: Please allow up to 5–15 working days.
Please note overseas orders may be subject to import tax or customs charges for which customers are solely liable.
9.2.1 BFPO Orders. All BFPO addresses must be registered as UK, rather than the country where you are posted. Royal Mail will then deliver the parcel to the BFPO in London. It then becomes the responsibility of the British Forces to deliver your parcel to the correct location. Please allow up to 21 days for delivery.
9.3 We reserve the right to cancel your order if it becomes apparent that, in our sole opinion, the available postal, courier or delivery service in your area is too unreliable. If we have to cancel we will refund any monies due to you.
9.4 Returns. Within fourteen (14) days of receipt of your order, you may return any unused / unopened items for a full refund. Goods must be completely unused and in a saleable condition. However, for hygiene reasons we cannot accept returns of underwear, sex toys or unsealed toiletries unless they are faulty. This does not affect your statutory rights. Please note that we can only process returns and refunds for items purchased from our website.
9.5 The UK’s Consumer Contracts Regulations require that you provide written notice of cancellation (i.e. you wish to return the goods) within fourteen (14) working days. Goods do not have to be returned within this period for you to secure a refund. A refund must be made within fourteen (14) days of the receipt of your written cancellation, but we may delay refund if we have not received the cancelled items or sufficient evidence they have been returned. If items have been sent by a non-standard delivery method requested by the customer, the additional cost for this non-standard delivery will not be refunded.
9.6 To return an item, please wrap your goods securely and please include our original packing slip with your return. If you do not have your packing slip, please indicate the order number on a separate piece of paper. Or print off and enclose your email receipt. We would appreciate it if you could indicate the reason for returning an item, but this is entirely optional.
9.7 For your protection, we recommend that you use an insured recorded delivery for shipment. Please note that we can only refund shipping costs if the return is a result of our error or if you are returning a faulty product.
9.8 Please send your returned product(s) to:
Higher Desire Returns
Ideally we request that you notify us before returning an item.
9.9 Refunds. We will notify you via email of your refund (see Returns) and we aim to do this within fourteen (14) working days. Please note that we can refund shipping costs only if the return is a result of our error or a faulty product.
9.10 Missing orders. Get in touch with us immediately if your order does not arrive when it should (see above). We’ll find out what happened to your order and get it to your doorstep as soon as possible. Sorry, but we cannot replace missing orders that are received by someone else on your behalf.
9.11 Missing items from your order. Please contact us immediately if your order is missing any products. We’ll find out what happened to your order within three (3) working days and we’ll get them to you as soon as possible or give you the option of a full refund of the missing items.
10. Copyright, trademarks and intellectual property
10.1 Copyright. This website and all its content is copyright of Higher Desire. Unless otherwise stated, we reserve all rights in that copyright. All rights reserved. All brands, product and company names may be trademarks or registered trademarks of their respective holders.
10.2 Trademarks. All trademarks, logos, images, products and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any licence or right to use, alter or remove such material.
10.3 Intellectual Property. You agree that you will not infringe any rights including intellectual property rights of any person including, without limitation, copying, reproducing or otherwise modifying any material provided as part of your subscription.
10.4 All content and programming of this website is the property of Higher Desire. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our website without written permission from Higher Desire except for the following:
You may print or download to a local hard disk extracts for your personal and non-commercial use only. You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material and provide a link back to our website.
10.5 You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
11.1 If you wish to return an order, please see section 9.4. If you wish to cancel an order your have just placed, please contact us immediately. Please note that the total of your order may be reserved on your card and it can take up to 7 working days for your card provider to cancel this reservation. This is beyond our control.
11.2 Not withstanding clause 11.1 above, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for re-credit to your card.
11.3 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. In particular, we may do so is if we believe that you are in breach of any obligation under these Terms & Conditions, including, but not limited to, section 10. If we terminate your use of our service as a result of a breach of any obligation under these Terms & Conditions, such termination would be immediate and without notice.
13. Discount, coupons and promotional codes
13.1 Any code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.
14. Disclaimer of warranties and limitations on liability
14.1 Nothing in this clause (14) or otherwise in these Terms & Conditions shall exclude or in any way limit Higher Desire liability for:
- Death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977).
- Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website.
Liability to the extent the same may not be excluded or limited as a matter of law.
- Nor will any of these terms restrict any of your UK consumer statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
14.2 This website and its contents are provided “as is” and on an “as available” basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of boxes, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of or reliance on the content provided on the website or any conduct by users of the website. We reserve the right to deliver products or subscriptions at our sole discretion. Subject to clause 14.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. The content of the pages of this website are for your general information and use only. It is subject to change without notice. Any reliance you place on such information is therefore strictly at your own risk.
14.3 Subject to clause 14.1, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
14.4 Subject to clause 14.1 our maximum liability to you (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of GBP £1 and / or the total amount paid by you to us in respect of the services provided by Higher Desire in the month preceding any such claim. If you are a consumer, please note that this does not affect your UK Statutory Rights.
15. Applicable law
15.1 This website is controlled by Higher Desire. Your use of this website is governed by these Terms & Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the exclusive jurisdiction of the English courts.
16. Assignment by us
16.1 You agree that we may assign any of our rights and / or transfer, sub-contract or delegate any of our obligations under these Terms & Conditions. These Terms & Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.
17. No waiver
17.1 If we delay exercising or fail to exercise or enforce any rights available to us under these Terms & Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms & Conditions.
18. Force majeure
18.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms & Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
19. Third party rights
19.1 Subject to clauses 14.1, 14.2, 14.3 you hereby acknowledge and agree that nothing in these Terms & Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
19.2 In accordance with clause 1.2.1, we may rescind, waive, assign, release or vary any or all of the provisions in the Terms & Conditions in any way without the consent of any third party.
20. Damaged or defective items
20.1 You must inspect the products delivered to you on day of receipt and notify us the same day of any defects. We will replace or refund you for defective products if notified of any damage or defects on the day of receipt.
20.1 If any items you purchase from our website are faulty or develop a fault within one (1) year of purchase, please send us details of the problem and we will get back to you within three (3) working days. Our Customer Care is open 9am to 4pm GMT, Monday to Friday excluding UK public holidays. We will refund the cost of any faulty product or we will replace it free of charge. This does not affect your statutory rights as a consumer.
21. Indemnity by you
21.1 You agree to indemnify and hold Higher Desire, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms & Conditions or any violation by you of any applicable laws or the rights of any third party.
22. Common sense
22.1 We have thoroughly researched and strongly believe in all the products and advice offered on our website. All our products have been tested on humans as well as the staff at Higher Desire. However, we are not doctors and are not familiar with any specific medical conditions that you may have. So please check with your doctor before radically changing any part of your daily health or grooming regime.
22.2 Please use common sense when trying any new products as they provide different results for different people. If you experience any reaction to a product (whether it is ours or anyone else’s) you put on your skin then you should discontinue use immediately.
22.3 If you have extra sensitive skin we would suggest you exercise caution with products that may cause irritation.
22.4 You should exercise caution with products that you may choose to insert into the human body. It is your responsibility to ensure this is a safe practice and we accept no responsibility for any issues that may arise from this activity.
22.5 You may choose to use certain products in a way that we did not intend them for nor described them for. It is your responsibility to ensure this is a safe practice and we accept no responsibility for any issues that may arise from this activity.
22.6 Products found on this website are only meant to be used in a safe, sane and consensual manner with one or more adults who have agreed to use said products.
Last updated 18 May 2020. E&OE.