Terms & Conditions
Welcome to Normal!
Thanks for using our products and services, and taking the time to read our terms and conditions. This website located at www.itsnormal.com (Website) is owned and operated by Lova (Normal) Pty Limited ACN 693 563 236 trading as ‘Normal’ (Normal, we, us or our).
By using this Website or ordering our products or services, you agree to the following terms and conditions (Terms), which, together with our privacy policy, govern your access to and use of the Website.
We reserve the right to amend these Terms from time to time.
GENERAL TERMS
1 Introductions
● Normal is an online platform that seeks to address the often-taboo topic of sexual devices for audiences of all genders. We do this by:
(a) carefully sourcing our devices;
(b) supplementing our devices with educational materials; and
(c) making sure the purchasing experience is easy, convenient and regret-free.
2 Jurisdiction
These Terms are governed by the laws of New South Wales, Australia.
3 Contact
If you have any queries regarding these Terms, please contact us at hey@itsnormal.com.
WEBSITE TERMS OF USE
4 User account
● To make orders through the Website, you must become a registered customer. Each customer is allowed to create a maximum of one registered customer account (Account).
● Registered account holders must:
(a) be over 18 years of age;
(b) reside in Australia;
(c) be capable of entering a legally binding agreement with Normal; and
(d) agree to these Terms.
● Registered account holders are required to create an Account password and keep it secure. If you suspect your Account has been subject to unauthorised access, you must immediately notify Normal and change your password. This is important so that your personal information remains secure.
● When you register for an Account, you will provide Normal with personal information about you (for example, your name, age, date of birth, gender and contact details). We will handle your personal information in accordance with our privacy policy.
● You guarantee that all information you provide to Normal is accurate, current and complete, and that you do not omit any information that would be relevant to the products or services you seek through the Website.
5 Closing your Account
● If at any time you wish to close your Account, you should email hey@itsnormal.com.
● If at any time you wish to unsubscribe from Normal information alerts, please click the ‘unsubscribe’ button at the bottom of any Normal email.
6 Survey
● To help us recommend particular products to you, you may complete an optional survey about your sexual preferences through the Website (Survey).
● If you complete the Survey, you will provide Normal with personal information and sensitive information about you (for example, your sexual orientation or practices). We will handle your personal information and sensitive information in accordance with our privacy policy.
● At any time, you may order our products or services without completing the Survey.
7 Intellectual property
● All material on the Website, including the text, information, graphics, trading names, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Normal. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of Normal, or as permitted by law. All rights of Normal are reserved.
● Without limiting the above, you must not, without Normal’s prior written consent:
○ copy, reproduce, modify, adapt, distribute, publish, sell, license or otherwise exploit any Content;
○ frame, mirror or embed any part of the Website;
○ scrape, harvest, extract or collect Content or data from the Website by automated or manual means;
○ use any Content for the purpose of training, testing or developing artificial intelligence systems, machine learning models or similar technologies; or
○ use any Content in a manner that infringes, dilutes or misappropriates Normal’s intellectual property rights or goodwill.
● ‘Find Your Normal,’ ‘Normal’ and the Normal logo are trade marks of Normal. You must not use, reproduce or modify these trade marks, or any confusingly similar marks, without Normal’s prior written consent.
● Trade marks used on the Website to describe third parties and their products are trade marks of those third parties.
8 Linking and Third Party Content
● You must not link to, frame or mirror any part of the Website without Normal’s written authorisation. Normal may grant or withdraw consent at its discretion. To discuss partnership opportunities please contact us at hey@itsnormal.com.
● The Website may contain links to or display the content of third parties (Third Party Content), including links to Websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are owned, operated or controlled by third parties. Normal does not endorse, approve, recommend or assume responsibility for any Third-Party Content or Third-Party Website.
● Accessing or relying on Third-Party Content or Third-Party Websites is entirely at your own risk. To the maximum extent permitted by law, Normal excludes all liability arising from or in connection with your use of or reliance on any Third-Party Content or Third-Party Website.
● Your dealings with third parties are governed solely by the terms and conditions and privacy policies of those third parties. Normal is not a party to, and is not responsible for, any transaction or interaction between you and any third party.
9 Your conduct
● You must not:
(a) use the Website in breach of any applicable laws or regulations;
(b) use the Website for commercial purposes (including for competitive advantage or to the competitive disadvantage of Normal);
(c) use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
(d) interfere with, disrupt, or create an undue burden on the Website;
(e) upload, post, transmit or otherwise make available any material that:
(i) is not your original work, or which may infringe the intellectual property or other rights of another person;
(ii) is defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful;
(iii) includes an image or personal information of another person unless you have their consent;
(iv) you know or suspect to be false, misleading or deceptive;
(v) contains large amounts of unwanted or repetitive content; or
(vi) contains financial, legal or other professional advice.
● Without limiting the above, you will not and will not permit a third party to:
(a) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
(b) use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; or
(c) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.
If you believe that a user has breached any of the above conditions, please contact us.
● Normal reserves the right to block or suspend any user of its Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. You agree to indemnify Normal and each of the officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) of Normal in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms, or any other default or wrongful conduct in relation to the subject matter of these Terms, on the part of you or any of your Affiliates.
● Normal is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than Normal. Normal does not endorse any opinion, advice or statement made by any person other than Normal.
10 Your content
● Information and material that you submit to the Website, including (without limitation) text, images, audio material, video material and audio-visual material, is referred to in these Terms as ‘your content.’
● You grant to us a worldwide, irrevocable, non-exclusive, royalty free licence to use, reproduce, adapt, publish, translate and distribute your content uploaded to the Website in any existing or future media, and you unconditionally waive all moral rights as defined by the Copyright Act 1968. You also grant us the right to sublicense these rights and the right to bring an action for infringement of these rights.
● However, any personal information uploaded by you to the Website for the purpose of seeking our products or services will be treated as confidential information between you and Normal. Your personal information will not be published on the Website or made available publicly. For the avoidance of doubt, Normal will not use, reproduce, edit or exploit your personal or sensitive information.
● You guarantee and represent that your content will comply with these Terms.
● You warrant and represent that:
○ you own or have all necessary rights, licences and consents to submit your content;
○ your content does not infringe any intellectual property, privacy or other rights of any third party;
○ your content complies with these Terms and all applicable laws;
○ your content is not, and has not been, the subject of any threatened or actual legal proceedings, complaints or claims.
● You must not submit any content that is unlawful, misleading, deceptive, defamatory, obscene, harmful, or otherwise objectionable, or that exposes Normal to legal, regulatory or reputational risk.
● You must not submit any content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
● Normal may store and maintain all material and records as required by law.
● Notwithstanding our rights under these Terms in relation to your content, we do not undertake to monitor the submission of content uploaded to the Website, or the publication of such content on our Website. This clause is intended to disclaim editorial responsibility for content.
11 Cookies
● A cookie is a small text file stored in your computer’s memory or on your hard disk for a predefined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors experience the Website. This information will help to better adapt the Website to suit customer requirements.
● We may use third party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our Website. We may also use analytics data supplied by these vendors to inform and optimise our advertising campaigns based on your prior visits to our Website or the websites belonging to members of our group.
● While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.
12 Liability
● Except for any rights that cannot be excluded under the Australian Consumer Law and to the extent permitted by law, Normal is not liable for any loss or damage, howsoever caused, which may result from your use of or failure to access the Website, the content contained on the Website or due to the fact that Website content is wrong, incomplete or out of date.
13 Warranty and disclaimer
Website use and cyber risks: You acknowledge and agree that use of the Website and any digital services made available through it occurs over the internet and telecommunications networks that are not controlled by Normal. To the maximum extent permitted by law, Normal does not warrant and cannot guarantee that the Website, any content, or any data transmitted through the Website will be uninterrupted, timely, secure, error-free or free from interference.
Cyber interference and malicious activity: Without limiting the above, Normal is not responsible for, and excludes all liability arising from or in connection with, any loss, damage or interference suffered by you or any third party as a result of but not limited to:
• viruses, malware, ransomware, spyware, trojans or other malicious code;
• hacking, unauthorised access, credential compromise or data breaches;
• denial-of-service attacks or other attempts to disrupt the availability of the Website;
• interception, corruption, loss or alteration of data during transmission;
• unauthorised access to or use of your Account caused by your failure to keep login credentials secure; or
• conduct of third-party users, service providers, hosting providers, payment processors or linked Third Party Websites.
Third-party systems and infrastructure: The Website may rely on third-party platforms, infrastructure and services (including hosting providers, payment gateways and analytics providers). Normal makes no warranty and accepts no responsibility for the availability, security or performance of those third-party systems.
Assumption of risk: By accessing and using the Website, you assume all risks associated with digital and online services, including the risk of cyber interference, data loss, service interruption and unauthorised access.
Exclusion of warranties: Except as required by the Australian Consumer Law, all warranties, conditions and representations (whether express or implied) in connection with the Website and its use are excluded.
Products and services: Except as required under the Australian Consumer Law, Normal does not warrant that products or services supplied through the Website will be fit for any particular purpose not expressly disclosed to us prior to purchase, and no additional warranties are given beyond those expressly set out in these Terms.
TERMS OF SALE
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified.
14 Availability of products
● You agree that:
(a) certain products or services may be available exclusively online through the Website;
(b) these products or services may have limited quantities;
(c) we will try to include a statement on the Website if we are aware that a particular product is out of stock, but we are under no obligation to do so;
(d) we reserve the right to:
(i) limit the quantity of any product that we offer;
(ii) change the description or price of any product;
(iii) modify or discontinue any product; or
(iv) notify you that a product you ordered is unavailable; and
(e) although we do our best to display as accurately as possible the colours and images of our products, we cannot guarantee that your computer monitor’s display of any colour will be accurate.
● If you order a product from the Website and we later notify you that the product is unavailable:
(a) we will not charge you for the product that we have not supplied to you;
(b) we will contact you to discuss whether we can supply a substitute product to you; and
(c) except as required by law, we will not be liable to you for any resulting loss.
15 Order process
● In placing an order, you must provide contact, shipping and payment information that is accurate, current and complete.
● To the extent permitted by law, we reserve the right to:
(a) accept or reject your order for any reason; and
(b) limit or reject orders that appear to be placed by dealers, resellers or distributors.
● If we change or cancel an order, we may try to notify you using the details you provided.
● Once an order is confirmed, you can’t cancel it, so make sure you review your order carefully before placing it. That said, after you order a product, you can use our 100-day money back guarantee under clause 18.
16 Title and risk
● After you order a product:
(a) we retain ownership until full payment is received; and
(b) legal title and risk passes to you upon delivery.
Delivery is deemed to occur when products are delivered to or left at your delivery address. Normal is not responsible for loss, theft or damage after delivery, except where required by law.
17 Promo codes
● From time to time, Normal may offer promotional codes, discounts or offers (Promo Codes).
● Unless stated otherwise:
○ Promo Codes are time-limited;
○ non-transferable;
○ only one per order;
○ cannot be combined;
○ may exclude certain items.
● Normal reserves the right to cancel Promo Codes where misuse or fraud is suspected.
● Refunds will reflect the discounted price paid.
18 100 Night Stand credit policy
● If you are not satisfied with your first toy purchase, let us know at hey@itsnormal.com within 100 days of purchase, and we will:
(a) provide return instructions where appropriate;
(b) provide store credit within 5 business days of receiving the product or resolving the request.
19 Warranty
● If:
(a) a product has a functional fault; and
(b) within one year you email us with required details (order info, photo, description, proof of purchase, and preference),
then we will:
(c) assess your request; and
(d) if approved:
(i) provide return shipping; and
(ii) issue a replacement or refund.
● Warranty may be rejected if:
(a) outside the 1-year period;
(b) no proof of purchase;
(c) no functional fault;
(d) misuse or damage; or
(e) unauthorised modification or repair.