Hedone — General Conditions of Use

General Conditions of Use

LEGAL NOTICE AND GENERAL CONDITIONS OF USE

I- LEGAL NOTICE

Editor: the HEDONE Website is produced and edited by HEDONE, Lda, a limited liability company, with a share capital of 5,000,000 euros, registered in the Commercial Registry of Lisbon:

Telephone: +351 926356470

Email address: supporte@behedone.com

II- GENERAL CONDITIONS OF USE

1. Object of the Site

The HEDONE Website www.behedone.pt (hereinafter referred to as the “Site”) is an e-commerce Website that offers sexually oriented products and high-end accessories for sale to consumers who browse the Website. The Site is accessible via the internet at www.behedone.pt.

2. Personal Data and Cookies

HEDONE collects personal data from Visitors within the scope of this Website. The provisions relating to the processing of this data are described in the “Privacy & Cookies Policy” of this Site, to which we refer. Visitors are duly informed that this data processing, in particular, the management of Visitors' email addresses and the fight against fraud and abuse is in compliance with applicable legislation.

3. Intellectual Property

3.1. site

The Site and any software necessarily used in connection with the Site may contain confidential information as well as data protected by intellectual property rights. Therefore, unless otherwise indicated, the intellectual property rights of documents and any data of any nature contained on the Website and any elements that make up the Website (images, illustrations, sounds, texts, graphic elements, diagrams...), including software, databases and newsletters, are the exclusive property of HEDONE (hereinafter referred to as “Content”), without granting HEDONE any license or any other right other than the right to consult the Site. Total or partial reproduction of the Content is authorized exclusively for information purposes for the user's personal and private use, with any reproduction and any use of reproductions made for other purposes, in any form or manner, being expressly prohibited. It is also prohibited to reproduce, modify, create a derivative work, assemble, decompile (except as provided by law), sell, assign, sublicense or otherwise transfer any right relating to the Content. It is also prohibited to modify the Content, in whole or in part, including the software, or use modified versions of the software to obtain unauthorized access to the service and join the Site by any means other than the interface made available to the Visitor by HEDONE for this purpose. .

3.2. Brands

Remember that the company HEDONE owns the HEDONE brand and its logos.

The User acknowledges HEDONE's exclusive rights to the HEDONE brand and refrains from making any use thereof and generally from infringing HEDONE's intellectual property rights. HEDONE reserves the right to claim damages in the event of infringement or, in general, violation of its intellectual property rights. Likewise, the Visitor agrees not to infringe intellectual property rights and any other rights considered relevant for this purpose, which may be held by any company in the group to which HEDONE belongs. HEDONE partners own their respective brands.

All other brands and logos appearing on the Site are the property of HEDONE, or a company within the group to which HEDONE belongs, or its service providers, partners or suppliers. Any use, in any form, of these brands and/or logos and/or any other content is subject to the express authorization of HEDONE or the holder of intellectual property rights, among others, in question.

3.3. Hyperlinks

The Site may include links to other Sites or other Internet sources. To the extent that HEDONE cannot control these Sites and external sources, it cannot be held responsible for the performance of these Sites or external sources, and assumes no responsibility for the contents, advertising, products, services or any other information or data available on these Sites or sources external. Furthermore, HEDONE cannot be held responsible for any damages or losses resulting or alleged to have resulted from or in connection with the use of or reliance on the content, goods or services available on these Sites or external sources.

The creation of links to the HEDONE Website, any framing of the Website, and generally any use of an element included on the Website, is subject to the prior express written authorization of HEDONE, which may be revoked at any time at its sole discretion and upon prior notification. HEDONE reserves the right to (i) request removal of any link to the Site that has not been, or is no longer, authorized and (ii) claim any compensation relating to losses that may arise as a result of that link.

4. Visitor Behavior

Each Visitor undertakes to use the Internet responsibly with respect and courtesy towards the rights of other Internet users. In this sense, when accessing the Website, the Visitor undertakes in particular to:

not upload to the Site, publish, email or transmit by any other means unsolicited or unauthorized advertising or promotional material, “junk mail”, “misleading information”, “chain letters” or any other form of solicitation;

not upload to the Site, publish, email or transmit by any other means any material that contains computer viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or computer equipment. telecommunications;

not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

not attempt to harm the service of any user, host or network, including, but not limited to, exposing the Site to a virus, creating saturation, flooding the server, overloading email messages or forging any protocol information packet header TCP/IP or any part of the header information of any email message;

do not access data that is not intended for the Visitor or enter a server/account that you are not authorized to access;

not attempt to probe, examine or test the vulnerability of a system or network or breach any security or authentication measures without having received respective authorization;

not usurp the identity of any other person;

not develop any activity or induce any third party to develop any illegal activity or any other activity that may infringe the rights of HEDONE, its suppliers, partners, distributors, advertisers or any Visitor;

not transmit or transfer (by any means) information or software derived from the Site, including to another country or to foreign nationals in violation of any national or international law or regulation.

Recognizing the global nature of the Internet, each Visitor agrees to comply with all local and international rules and procedures regarding online behavior and acceptable content, including all applicable laws regarding the transmission of technical data.

At any time and for any reason, HEDONE may implement means to interrupt, without any prior notice, the Visitor's use of the Website or any of HEDONE's services due to any conduct that violates these Terms of Use, without prejudice of any damages that HEDONE has the right to claim from the Visitor in case of non-compliance with the General Conditions of Use of the Website.

5. Responsibility

5.1. Access and operation of the Website

The Visitor is personally responsible for configuring the IT and telecommunications resources that allow access to the HEDONE Website and having the necessary knowledge to use the internet and access the Website. The Visitor is responsible for covering connection and equipment costs for Internet access and use of the HEDONE Website.

The visitor uses the Site at his/her own risk. HEDONE cannot be held responsible for any damage that any Visitor may suffer as a result of such use. Furthermore, HEDONE declines any responsibility for any indirect damages, regardless of their cause, origin, nature or consequences, including costs that may result from the acquisition of items offered on the Site, loss of profits, customers, data or other loss of intangible assets that may result from anyone's access to the Website or the impossibility of accessing it, or from the credit attributed to any information that results directly or indirectly from it.

5.2. Limitation of Liability

The Site also contains information from third parties and links to other Sites. HEDONE does not control the accuracy of the information contained therein, nor their contents. Therefore, HEDONE cannot under any circumstances be held responsible for damages resulting from the use, access or inability to use said third party information or content from other Sites.

HEDONE assumes no warranty of any kind, express or implied, particularly in relation to the integrity, accuracy, timeliness, non-infringement, availability, reliability or exhaustiveness of the information, products, accessories or services contained on the Website or their suitability for use.

what the Visitor intends to do with them, with the exception of situations provided for in current legislation.

Any complaint filed by a Visitor against HEDONE must be filed as quickly as possible, so that we can better safeguard your rights and act accordingly. In this sense, we recommend that the complaint be filed within six months after the incident occurred. Complaints can also be made through the Complaints Book (https://www.livroreclamacoes.pt/inicio) or in HEDONE physical stores.

6. General

6.1. Changes

HEDONE reserves the right to change and update the General Conditions of Use without prior notice. To be properly informed about possible changes, HEDONE advises the Visitor to read the General Conditions of Use regularly. Use of the Site is subject to the General Conditions of Use in force at the time of use. We will always inform you of the upload date of the version available on the website.

6.2. Completeness

6.3. Applicable law

These General Conditions of Use are governed by Portuguese law.

Any dispute regarding the existence, interpretation, execution or violation of the contract concluded between HEDONE and the Visitor, even in the case of a plurality of defendants, will be submitted, in the absence of mutual agreement, to the exclusive jurisdiction of the Portuguese courts. This attribution of jurisdiction applies, regardless of the plurality of defendants or the activation of guarantees, including for urgent procedures or provisional or precautionary procedures.

For additional information, please contact Customer Service on 707 500 009 (free service + €0.9/min (excl. VAT) – fixed network | €0.13/min (excl. VAT) – mobile network ), during the Customer Service opening hours indicated on the “Contact Us” page of the HEDONE Website.

III - TERMS AND CONDITIONS FOR PUBLISHING REVIEWS ON HEDONE

HEDONE offers you the possibility to publish reviews on its website www.behedone.com (hereinafter, the "Site").

The publication of a review on the Site implies acceptance and compliance with the provisions of these terms and conditions (hereinafter the "Evaluation Publication Conditions"). HEDONE reserves the right to change them without prior notice. When applicable, HEDONE will inform the consumer by changing the date found at the end of the Review Publication Conditions, providing additional information, in certain cases (for example, by publishing a statement on the home page of our Website or by sending an email to the consumer).

Article 1 – Purpose of the Website functionality that allows you to publish reviews

1.1 The functionality that allows you to publish reviews allows users to leave reviews, advice, tips, suggestions, information and recommendations regarding products sold by HEDONE and assign them a rating that can vary between one star (for "Bad") and five stars ( to "Excellent").

1.2 HEDONE makes available to users (hereinafter referred to as "User(s)") an area in which they can save only their reviews with a view to publishing them in all public media currently used, or that may be used by HEDONE, namely, among others, electronic communication services (namely the HEDONE Group's e-commerce websites and/or any possible adaptation thereof for mobile devices) and marketing and/or advertising media (emailing , mailing, advertising banners on the Internet, promotional media in HEDONE stores, etc.) produced by HEDONE.

Article 2 – Submission, badges and evaluation classification

2.1 All Users under the age of 16 who use the functionality that allows publishing reviews provided by HEDONE must obtain prior authorization from a parent or legal representative to submit a review through the Website as well as accept the Review Publication Conditions . HEDONE may ask minor Users to provide proof of this same authorization and refuse to publish the evaluation when such proof is not presented.

2.2 Users can submit their evaluation under the following terms:

spontaneously, on your own initiative, by clicking on "Write a Review" on the product page in question. In this case, HEDONE has no way of guaranteeing that the Utilizer submits a review for a producer that he or she has actually purchased or tested. These are assessments to which no badge or specific mention is given, as well as those identified with a "spontaneous assessment" badge.

following an email inviting them to review a product they purchased from HEDONE. Since these reviews are requested by HEDONE following a purchase, the reviews are identified on the Site with a "verified buyer" badge.

as part of a testing campaign. In this case, there is a counterpart to the evaluation, since Users receive the product(s) in sample or full-size format so that they can test them before writing their review. The process followed for submitting reviews (available through a specific URL link) allows HEDONE to identify them and assign a "taster review" badge to the review in question. Internet users are thus informed, through this badge, of the existence of compensation for the evaluation and its traceability.

2.3 Reviews are, by default, displayed in chronological order, from most recent to oldest. Users can, however, choose to view them according to other criteria such as usefulness or classification.

Article 3 – Content of Reviews / User Responsibilities

3.1 Reviews must include a username, rating, title and description of at least 50 characters.

3.2 The functionality that allows you to publish reviews cannot be used as a means of disseminating content that violates morality, public order, the rights of third parties or applicable legislation and regulations, namely:

statements or messages of a libelous, abusive, obscene, racist, offensive nature or that, in any way, refer to illegal activities;

any abuse of the use of freedom of expression, such as comments that include systematic and non-objective criticism, as well as comments of a derogatory or malicious nature;

content of a violent or pornographic nature, or that may jeopardize respect for the human person or their dignity, equality between women and men, or the protection of children and adolescents;

statements or messages that incite the commission of crimes or offenses, violence, discrimination or racial hatred;

unauthorized use of a name, email address or company name;

the total or partial reproduction of content protected by intellectual property rights and over which Users do not have the necessary rights, as well as messages that constitute an infringement of a registered trademark.

3.3 Users undertake not to misuse the HEDONE Consumer Review Service for advertising, prospecting, canvassing or proselytizing purposes, for professional, commercial or political purposes (advertising messages, "spam" content or references to other products, offers commercials or websites, etc.).

3.4 The assessment must not contain, in particular:

email addresses, URLs, telephone numbers, postal addresses or any other information (surname, first name...) that allows the User or a third party to be identified;

critical comments on other reviews published on the Site or about their respective authors;

comments on the clinical efficacy of products;

comments regarding another product or problems that occurred when ordering (delivery problems...);

comments that encourage the purchase of products from a HEDONE competitor.

3.5 The content of reviews may not, in any way, violate the provisions of the Review Publication Conditions.

3.6 Users must also refrain from preventing or disrupting the functioning of the functionality that allows publishing reviews provided by HEDONE.

Users must refrain from incorporating documents or computer programs that could damage other Users' computers or allow unjustified access to other Internet sites into evaluations stored in the storage space provided by HEDONE.

It is up to Users to take appropriate measures regarding the equipment they use, in order to protect said equipment from possible contamination by viruses or intrusion attempts. Equipment means, although this list is in no way limited or exhaustive: personal computer, PDA (personal digital assistant), Internet access, computer programs and data, etc.

3.7 Users are solely responsible for the content they send through the functionality that allows publishing reviews provided by HEDONE.

Article 4 – Moderation and publication of evaluations

4.1 All reviews, as well as the usernames that accompany them, are systematically reviewed and moderated by software and based on keywords predefined by HEDONE and, in some cases, reviewed by moderators before being uploaded to the Site. HEDONE reserves the right not to publish any review that violates the provisions set out in these Review Publication Conditions. If this is the case, the User will be notified by email.

HEDONE does not modify the evaluations, but may, however, correct minor spelling or writing errors without changing the meaning of the submitted evaluation. Furthermore, HEDONE also reserves the right to eliminate, at any time, any evaluation that does not comply with the provisions of the General Conditions of Use.

Once submitted, the evaluation cannot be changed by the User. To change it, the User must contact HEDONE Customer Service in order to request the deletion of the evaluation in question and submit a new evaluation. HEDONE Customer Service can be contacted by telephone at [PHONE NUMBER AND COST IF APPLICABLE] - Monday to Saturday, between 9am and 8pm or via the contact form available in the “Help” section " from the website.

4.2 Reviews are, as a rule, published within 2 to 4 business days of their submission by the User, as long as they comply with the provisions of the Review Publication Conditions.

The User will receive an email confirming that their review has been published or informing them of its rejection. Subsequent publications of the assessment under the conditions defined in article 1.2 will not give rise to a new email notification.

4.3 From the moment a review is published on the Website, Internet users can, through a link, indicate whether they find it useful or not or report any inappropriate content. If necessary, HEDONE will analyze the complaints and may eliminate any evaluation that does not comply with the provisions of these Conditions.

4.4 Reviews are published on the Website for a maximum period of 10 years. Can be eliminated by HEDONE

Article 5 - Intellectual property

5.1 HEDONE is the holder of all intellectual property rights over the structure and content of the functionality that allows you to publish reviews (including, among others, texts, logos, images, illustrations, photographs, videos, graphic or sound elements, music, icons , page layouts, graphic guidelines, software, databases, etc.) or regularly acquired the rights/authorizations to use them. All trademarks and/or logos reproduced in the Consumer Review Service are the exclusive property of HEDONE, a HEDONE Group company, or its respective service providers, partners or suppliers.

The use of these elements in any way or for any purpose is prohibited, other than the use strictly necessary to disseminate the User's evaluation, under the terms defined here, without the express, written and prior authorization of HEDONE or the owner of the intellectual property rights in cause.

In general, the User undertakes not to violate the intellectual property rights (copyright, related rights, sui generis right of the database producer, rights to trademarks, domain names, etc.) of HEDONE, companies of the HEDONE Group and/or third parties. Any unauthorized or abusive use of intellectual property rights may lead HEDONE or the third party in question to adopt any measure or sanction it deems appropriate.

5.2 By submitting their evaluation on the Website, Users give their express consent to the distribution, reproduction and presentation by HEDONE of all or part of their evaluations, as well as their username, without any compensation, by any means of reproduction and presentation and on any medium, worldwide, for a period of 10 years.

The media used may include, in particular, graphic and paper format, audiovisual, computer and digital media, such as CD-ROM, DVD, electronic communication services (namely, the HEDONE Group's e-commerce sites and/or any eventual adaptation of the same for mobile devices) and marketing and/or advertising communication media (emailing, mailing, advertising banners on the Internet, promotional media in HEDONE stores, etc.) used by HEDONE, as well as other media known or that may be known in the future.

This consent specifically allows HEDONE to use, freely and without compensation, all or part of the reviews and usernames, to reproduce or delete them in whole or in part, to adapt, publish or translate them, to create derivative works and to sell or distribute, whether for commercial, promotional or advertising purposes.

Article 6 – Personal data

As part of the functionality that allows you to publish reviews, HEDONE collects personal information (namely the email, username, city, age group, gender, skin type, eye color) of Users who submit a review on the Site.

Only the fields marked with an asterisk on the data collection form are mandatory for you to leave a review on the Site. If they are not completed, the User will not be able to leave a review.

Users are informed that all or part of their personal data collected in this way by HEDONE may be used by the latter and, if necessary, by its service providers, in order to disseminate their evaluation on public communication media, currently used or that will be used by HEDONE, which include, among others, electronic communication services (namely the HEDONE Group's commercial websites or any possible adaptation on mobile devices) and/or marketing and/or advertising communication media (emailing, mail shot, advertising banners on the Internet, promotional means in HEDONE stores...) used by HEDONE.

The personal data used for this dissemination may include: the username, city, age group, gender, skin type and eye color of the User who submitted the evaluation.

In order to comply with its legal obligations, HEDONE may also collect and store data that allows the identification of any person who has contributed to the creation of online content.

To learn about HEDONE's practices regarding the collection, use and transmission of your personal data, exercise your rights of access, rectification and erasure, change your options regarding commercial prospecting, define the destination of your post-mortem data and To know the other rights available to them, Users are invited to consult HEDONE's Privacy and Cookies Policy.

Version of 27.04.24