Terms & Conditions

The Fifth House®

Terms and Conditions 

READ THESE TERMS AND CONDITIONS CAREFULLY. Your use of www.5th-house.com or purchase of items from this site indicates your understanding of and agreement with our Terms and Conditions and Online Privacy Policy. If you do not agree with these Terms and Conditions, DO NOT continue browsing or purchase from this site. These terms are subject to change by The Fifth House® without prior written notice at any time, in The Fifth House’s® sole discretion. These terms are subject to change by country, according to the laws of the country that you are in.

1.  IMPORTANT – PLEASE READ CAREFULLY. The information on this site is intended only for educational purposes and to spread the advancement of knowledge in sexuality and healthy relationships. All sales on this site are meant to further these goals and not for resale, diagnosis, or other uses.

2.  EIGHTEEN OR OLDER. By using this site, you verify that you are eighteen years of age or older. The Fifth House® reserves the right to refuse sales to individuals it expects are not eighteen years of age or older. If you are located in a country in which sales of products on www.5th-house.com are not permitted to anyone younger than the age of eighteen, The Fifth House® reserves the right to provide any information to the authorities that would be required to be in compliance with the laws of that country.

 3.  INTELLECTUAL PROPERTY. All products, content, manuals, logos, images, and videos on the site are the registered or unregistered copyrights, trademarks, service marks, or patents of The Fifth House® and its licensed manufacturers. The copying of any of the content on this site or its partner sites is an infringement of The Fifth House’s intellectual property and a breach of these Terms and Conditions. Such a breach and infringement will subject you to the Dispute Resolution provision contained in these terms and liquidated damages of $1,000.00 per breach or damages, whichever is higher.

4.  GENERAL USE INSTRUCTIONS.

a.  Do not use the information or items on www.5th-house.com for diagnosing or treating any health problems or disease or prescribing any medication or other treatment.

b.  Always consult with your licensed healthcare professional before taking any medication or nutritional, herbal, or homeopathic supplement. Always consult with your licensed healthcare professional before undertaking any treatment or undergoing any processes, energetic, psychological, or otherwise, for a medical or health condition.

c.  If you have any allergies, sensitivities, or other health issues, particularly those that affect your pelvic floor, organs, or reproductive systems, it is your responsibility to consult with your medical professional before using these products. Do Not use the non-literature products on this site if you have bladder, vaginal, or rectal prolapse, or if you have an infection of your pelvic organs or reproductive system.

d.  Consult your healthcare professional before beginning use with any of our products. Nothing in any of the product listings, guides, or use instructions is intended as a substitute for the medical advice of a qualified healthcare professional.

e.  Do not use the products on this site if you are pregnant or have an IUD without consulting with your qualified healthcare provider.

f.  Prior to using any products on www.5th-house.com, read any applicable guides and manufacturer’s use instructions in their entirety. These will include important safety information. Note that not all products have guides or manufacturer’s use instructions. All guides and manufacturer’s use instructions are located at www.5th-house.com/may-we-help-you/ (section). 

5.  CARE AND USE OF YOUR PRODUCTS.

a.  Prior to using any products on www.5th-house.com, read any applicable guides and manufacturer’s use instructions in their entirety. These will include important safety information. Note that not all products have guides or manufacturer’s use instructions. All guides and manufacturer’s use instructions are located at www.5th-house.com/may-we-help-you/ (section).

b.  Borosilicate glass, stone, and our other products can last for many years. The internal cracks that you see are normal to the material. If your product starts to chip, peel, or show external cracks (that you can feel with your finger), the product integrity may be compromised and you should stop using the product IMMEDIATELY. If your product is not made of one of these materials or otherwise indicted in the manufacturer’s use instructions to be like these materials, you should stop using the product IMMEDIATELY upon any viewing of cracks or breakage.

6.  PRICES AND PAYMENT TERMS.

a.  All prices, discounts, and promotions posted on www.5th-house.com are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.

b.  Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. Shipping and handling costs will vary according to location. The Fifth House® reserves the right to increase shipping and handling for international locations.

c.  The Fifth House® strives to display accurate price information. We may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct nay errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences (see Order Acceptance and Cancellation).

d.  From time to time, we may present promotions or sales on www.5th-house.com that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a promotion or sale and these Terms, the promotion terms and conditions will govern.

e.  The following terms may be used by The Fifth House® to communicate pricing information: 

i.  Retail Price: the manufacturer’s suggested retail price;

                         ii.  Our Price: The Fifth House’s normal price for a product or service;

                        iii.  Sale: refers to a reduced price for a product or service;

      iv.  Clearance: refers to a reduced price for a product or service that is no longer available or will be discontinued.

f.  Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept American Express®, MasterCard®, Visa® and, PayPal® for all purchases. You represent and warrant that:

i.  the credit card information you supply to us is true, correct and complete,

ii.  you are duly authorized to use such credit card for the purchase,

iii.  charges incurred by you will be honored by your credit card company, and

iv.  you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on www.5th-house.com at the time of your order.  

7.     ORDER ACCEPTANCE AND CANCELLATION.

a. You agree that your Purchase Order (“Order”) on www.5th-house.com is an offer to buy, under these Terms and Conditions, all products and services listed in your Order. All Orders must be accepted by The Fifth House®. The Fifth House® is not obligated to sell to you the products or services you have ordered. The Fifth House® may choose not to accept Orders at our sole discretion, even after we send you a confirmation e-mail with your order number and details of the items you have ordered. The Fifth House® will not charge you for any Orders it chooses not to accept. The Fifth House® will send you a notice if it chooses not to accept your Order, but has no obligation to state the reason for the non-acceptance.

b.  Order Status. To check the status of an order, please click “Track My Order” on our homepage or go to www.5th-house.com/login/. Be sure to have your order number and e-mail address handy. It may take up to seventy-two (72) hours for your order to be trackable.

c.  Customer Changes and Cancellations. To make a change to your Order or cancel an item, contact us at info@5th-house.com or www.5th-house.com/contact-us/ immediately. If your Order has already shipped, you will be responsible for returning your Order (see Returns) and paying the costs of return shipping and handling.

d.  International Orders. We strive to make our products available to all women and men worldwide and we do ship internationally. However, please be aware that each country has its own laws and restrictions. Some of our products may not be able to be shipped to your country. If you are in one of these countries and make an order with us, we will be forced to cancel your order or the products will be returned to us. In the case of products being returned to us, we will refund you the cost of the product minus shipping costs.

8.     SHIPPING AND DELIVERY.

a.  Domestic. We ship all of our domestic orders via UPS, FedEx, and USPS Priority Mail. We do not ship to P.O. Boxes. You pay all shipping and handling charges specified during the ordering process. We do not guarantee delivery times. Orders are usually shipped within 1-3 business days following the order. Please make sure to provide an accurate shipping address that will assure secure delivery of your order. We are not responsible for address errors.

b.  International. The Fifth House® ships international via UPS, and FedEx. We do not ship to P.O. Boxes. You pay all shipping, handling, duties, VAT, and other taxes specified during the ordering process. Any additional customs taxes or duties will be paid by you, the recipient of the parcel. We do not guarantee delivery times. Orders are usually shipped within 1-3 business days following the order. Customs varies from country to country. The Fifth House® cannot guarantee that customs delays will not affect your shipment. Please make sure to provide an accurate shipping address that will assure secure delivery of your order. We are not responsible for address errors.

c.  The Fifth House may add or change shipping options at any time and at its sole discretion. This may affect the costs and delivery times of the orders.

9.     RETURNS AND REFUNDS.

a.  DUE TO THE INTIMATE NATURE OF THE PRODUCTS WE PRESENT FOR SALE, WE DO NOT ACCEPT RETURNS OR EXCHANGES ON OPEN PRODUCTS.

b.  You have the responsibility of paying the costs of return shipping and handling for any returned orders. Upon The Fifth House’s® receipt and inspection of the unopened package that the item was originally shipped in, we will refund you the full price of the item minus the cost of the shipping. Your refund will be credited to the same payment method used to make the original purchase on www.5th-house.com. The Fifth House® does not provide refunds for returned used or opened items.

c.  Damaged items. If your item was damaged during shipment, you must contact us at info@5th-house.com or www.5th-house.com/contact-us/ within seven (7) days after the item was delivered with a picture or description of the damage. We will accept a return of the damaged product for a refund or exchange. We will not accept damage returns more than seven (7) days after delivery or if the product has been used.

d.  Incorrect items. The Fifth House® strives for accuracy and excellence, but we are human and mistakes do happen. If you receive an incorrect order you must contact us at info@5th-house.com or www.5th-house.com/contact-us/ within seven (7) days after the items was delivered to report shipping errors and arrange for the return of the incorrect product. If you use the item, we will not accept the return, even if it was the incorrect product.

e.  Refunds are processed within approximately three (3) business days of our receipt of your returned product or our cancellation of your order. These will show on your statement within three to seven business days after we receive the returned goods. Your refund will be credited to the same payment used to make the original purchase on www.5th-house.com. 

10.  DISCLAIMERS AND WARRANTIES.

a.  None of the topics or products presented for sale on www.5th-house.com have been evaluated or approved by the FDA.

b.  The Fifth House® works carefully with each of its individual manufacturers to bring you the best and highest quality products. However, The Fifth House® itself is not a manufacturer and does not control the manufacturing process or sites for any of the products or services offered on www.5th-house.com. Accordingly, The Fifth House® does not provide any warranties for any of its products under any circumstances. In the event that the manufacturer offers a warranty for its product, that information will be detailed in the product’s description on our site and included with the product.

c.  ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY, (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties. The above disclaimer may not apply to you.

d.  YOU HEREBY AGREE THAT THE FIFTH HOUSE®, ITS EMPLOYEES, REPRESENTATIVES, AND SUCCESSORS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS, IF ANY, TO YOU.

e.  The Fifth House® shall not be held liable for any usages, approved or not, and the potential consequences arising from such usages of the products on www.5th-house.com or our partner sites. The Fifth House® shall not be held liable for any actions or inactions that arise from information provided on www.5th-house.com or our partner sites.

f.  The Fifth House® shall not be liable for any usages of broken products or incorrect usages of products. It is your responsibility to inspect your product regularly for breakages and to take proper care of your products. You assume all risks of using such products and fully indemnify The Fifth House for any such uses.

g.  Title and risk of loss pass to you upon our transfer of products to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. The Fifth House® is not liable for any delays in shipments.

h.  IN NO EVENT SHALL THE FIFTH HOUSE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. 

11.  GOODS NOT FOR RESALE OR EXPORT. Products on www.5th-house.com are for personal and household use only. They are not for resale, export, or reimport. They are also not for business or other commercial use. If you would like to purchase wholesale goods or goods for business or commercial use, please E-MAIL or contact us through www.5th-house.com/wholesale-hospitality-contact-form/ to discuss our wholesale and business contracts.

12.  PRIVACY. We respect your privacy and are committed to protecting it. By using our site and purchasing our products, you are agreeing to our Privacy Policy. Please see www.5th-house.com/privacy-policy/ to review our Privacy Policy, which governs the processing of all personal data collected from you in connection with yoru purchase of products or services through www.5th-house.com.

13.  FORCE MAJEURE. The Fifth House® will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

14.  NOTICES.

a.  The Fifth House® may provide any notice to you under these Terms and Conditions by sending a message to the e-mail address you provide or by posting to the home page or “notices” portion of www.5th-house.com. Notices sent by e-mail will be effective when the e-mail is sent and notices provided by posting will be effective upon posting.

b.  To give general feedback, including complaints, take down requests, return requests, and changes of e-mail address, you may use the contact form at www.5th-house.com/contact-us/ or info@5th-house.com. The Fifth House® will respond as appropriate.

c.  To provide The Fifth House® official notice under these terms for any conditions requiring it, including but not limited to a notice of dispute resolution, a disputed return, a refund request, or a notification of a broken product more than seven days after delivery, you must contact us by overnight courier or registered or certified mail to:

 The Fifth House, LLC | 2733 E. Battlefield St # 204| Springfield, MO 65804

The Fifth House reserves the right to update the address above by posting on www.5th-house.com. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.

15.  GOVERNING LAW. These Terms and Conditions, your Order, and the Online Privacy Policy are governed by the laws of the State of Colorado.

16.  DISPUTE RESOLUTION. In the event of any disputes or claims arising out of or relating to your use of www.5th-house.com or your purchase of any products from The Fifth House® you agree to binding arbitration with JAMS under the JAMS Arbitration rules in Denver, Colorado. The arbitration shall be before a sole arbitrator. The arbitration shall be conducted in English. You agree to give up any rights to litigate claims in a court or before a jury with regards to any claims arising out of or relating to your relationship with The Fifth House®. The prevailing party shall be entitled to reasonable costs and attorneys’ fees.

17.  NO WAIVERS. The failure by The Fifth House® to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

18.  SEVERABILITY. If any provision of these Terms is invalid, illegal, void, or unenforceable, that provision will be severed from these Terms without affecting the validity or enforceability of the remaining provision of these Terms or the Online Privacy Policy.

19.  ENTRIE AGREEMENT. These Terms and Conditions, our Online Privacy Policy, and the acceptance of your Purchase Order will be deemed the final and integrated agreement between you and us on the matters contained herein.

 

LAST UPDATED: December 8, 2017