Terms of service

Your current Terms of Service are a good starting point, but I would replace them rather than simply add to them. The two clauses I would change most urgently are the blanket “as is/no warranties” clause and the blanket exclusion of all direct/indirect damages. Under the CPA, suppliers cannot use unfair terms to make consumers waive statutory rights, and limitation-of-liability clauses can require special prominence and cannot override statutory product-liability provisions. www1.saflii.org

Your website should also contain the disclosures required by section 43 of ECTA, including the legal entity name/status, physical address, telephone number, company registration information where applicable, legal-service address, pricing and delivery information, payment methods, returns policy, privacy/security information and applicable cooling-off rights. SAFLII

Here is the stronger version I recommend for Oh So Naughty:

OH SO NAUGHTY – WEBSITE TERMS & CONDITIONS

Last updated: 31 August 2026

Welcome to Oh So Naughty.

These Terms & Conditions govern your access to and use of the Oh So Naughty website, your purchase of products from us, and your relationship with us as a customer.

By using this website, creating an account, placing an order or completing a purchase, you agree to be bound by these Terms & Conditions together with our:

  • Returns, Exchanges, Refunds & Product Warranty Policy;

  • Shipping & Delivery Policy;

  • Privacy Policy; and

  • Any product-specific instructions or warnings supplied with a product.

Nothing in these Terms is intended to exclude or restrict any right that cannot lawfully be excluded under South African law.


1. DEFINITIONS

In these Terms:

“Oh So Naughty”, “we”, “us” or “our” means the legal entity trading as Oh So Naughty.

“Customer”, “you” or “your” means any person accessing the website or purchasing products from us.

“Website” means the Oh So Naughty online store and associated pages.

“Products” means adult toys, lingerie, accessories, lubricants, intimate products, consumables and any other goods sold by us.

“CPA” means the Consumer Protection Act 68 of 2008.

“ECTA” means the Electronic Communications and Transactions Act 25 of 2002.


2. AGE RESTRICTION

Oh So Naughty sells products intended exclusively for adults.

By using this website or placing an order, you confirm that:

  • You are at least 18 years old;

  • You have legal capacity to enter into a transaction;

  • You are purchasing the products lawfully;

  • You will not purchase products on behalf of a minor; and

  • You will keep adult products away from children and minors.

We reserve the right to refuse or cancel an order where we reasonably suspect that the purchaser is under 18 or that the products are being purchased for an unlawful purpose.


3. CUSTOMER INFORMATION

You are responsible for providing accurate and complete information when placing an order.

This includes:

  • Full name;

  • Email address;

  • Telephone number;

  • Delivery address;

  • Billing information; and

  • Any other information reasonably required to process your transaction.

You are responsible for checking your order information before submitting the order.

Oh So Naughty will not be responsible for additional costs caused by incorrect information supplied by the customer, to the extent permitted by law.

This may include additional courier charges resulting from:

  • Incorrect addresses;

  • Incomplete addresses;

  • Incorrect telephone numbers;

  • Refused deliveries; or

  • A customer requesting delivery to a different address after dispatch.


4. PRODUCT INFORMATION

We make reasonable efforts to ensure that product:

  • Descriptions;

  • Images;

  • Measurements;

  • Specifications;

  • Materials;

  • Functions;

  • Colours;

  • Features; and

  • Prices

are accurate.

However, minor differences may occur between website photographs and the physical product.

For example:

  • Colours may vary depending on the screen used;

  • Packaging may change;

  • Suppliers may update packaging;

  • Manufacturers may make minor design changes; and

  • Dimensions may have reasonable manufacturing tolerances.

Where a material product characteristic has changed, we will make reasonable efforts to update the website.

Nothing in this clause limits your rights where a product has been materially misrepresented or incorrectly supplied.


5. CUSTOMER RESPONSIBILITY TO CHECK PRODUCT DETAILS

Customers should carefully read the product description before ordering.

This is particularly important for:

  • Product dimensions;

  • Insertable length;

  • Product diameter;

  • Clothing and lingerie sizing;

  • Material;

  • Waterproof rating;

  • Charging requirements;

  • Battery type;

  • Lubricant compatibility;

  • Product functionality; and

  • Intended use.

Where the information provided is materially accurate, personal dissatisfaction with a product's size, shape, strength, texture, firmness, sound, sensation or appearance does not by itself make the product defective.

Please contact us before ordering if you require assistance choosing a product.


6. PRODUCT IMAGES

Product images are intended to provide a reasonable representation of the product.

Images are not necessarily displayed to scale.

Customers should therefore rely on the measurements and specifications shown in the product description rather than attempting to determine product size from photographs alone.


7. PRODUCT AVAILABILITY

All orders are subject to product availability.

Stock levels may change without notice.

A product appearing as available on the website does not guarantee that the product remains available until your order has been successfully processed.

If an ordered product becomes unavailable, we will notify you as soon as reasonably possible.

Where we cannot supply the product, we will provide an appropriate remedy in accordance with applicable law.


8. PLACING AN ORDER

Adding a product to your cart does not reserve the product.

Before submitting an order, you should review:

  • Products selected;

  • Quantities;

  • Prices;

  • Shipping information;

  • Delivery address; and

  • Total order amount.

An order is submitted when you complete the checkout process.

Receipt of an automated order confirmation does not necessarily mean that we have finally accepted the order where there is:

  • A payment failure;

  • Suspected fraud;

  • A material pricing error;

  • A stock discrepancy;

  • An unlawful transaction; or

  • Another legitimate reason preventing us from completing the order.


9. RIGHT TO REFUSE OR CANCEL ORDERS

Oh So Naughty may refuse or cancel an order where there is a legitimate reason to do so, including:

  • Product unavailability;

  • Payment failure;

  • Suspected fraudulent activity;

  • Suspected unauthorised card use;

  • Orders placed by minors;

  • Obvious system or pricing errors;

  • Incorrect stock information;

  • Abuse of promotional offers;

  • Unlawful transactions; or

  • Orders placed for prohibited purposes.

We will not cancel orders arbitrarily or in a manner inconsistent with applicable consumer law.

Where an order is cancelled after payment and the customer is entitled to a refund, the appropriate refund will be processed.


10. PRICING

All prices are displayed in South African Rand (ZAR).

Where applicable, prices include VAT unless clearly stated otherwise.

The final checkout amount will show:

  • Product price;

  • Applicable discounts;

  • Delivery charges; and

  • The total amount payable.


11. OBVIOUS PRICING OR SYSTEM ERRORS

We make reasonable efforts to ensure pricing is correct.

Occasionally an obvious pricing, system, data-feed or typographical error may occur.

Where a displayed price is clearly the result of an obvious error and the transaction has not yet been lawfully concluded or fulfilled, we reserve the right to investigate and deal with the error in accordance with applicable South African law.

We will not knowingly use this clause to avoid honouring legitimate advertised prices.

If payment has been taken for an order that cannot lawfully or reasonably be fulfilled because of an obvious error, we will contact the customer and provide the appropriate remedy.


12. PROMOTIONS & DISCOUNT CODES

Promotional codes:

  • Must be used during the stated promotional period;

  • May not be exchanged for cash;

  • May be limited to specified products;

  • May be subject to minimum-spend requirements;

  • May not necessarily be combined with other promotions; and

  • May be limited to one use per customer.

Where a promotional condition applies, it will be disclosed with the promotion.

Oh So Naughty may cancel a promotional transaction where there is clear evidence of fraud, manipulation or abuse of the promotion.


13. PAYMENT

Payment must be made through the payment methods made available at checkout.

Orders may only be processed once payment has been successfully authorised or otherwise confirmed according to the selected payment method.

Customers must not:

  • Use stolen payment information;

  • Make unauthorised transactions;

  • Attempt payment fraud;

  • Manipulate the checkout system; or

  • Submit false chargeback claims.

Suspected fraud may be reported to the relevant payment provider or authorities where reasonably appropriate.


14. CHARGEBACKS & PAYMENT DISPUTES

If you dispute a legitimate transaction, please contact us first so we can attempt to resolve the matter.

We reserve the right to provide payment processors, banks or card issuers with relevant evidence regarding a disputed transaction, including:

  • Order records;

  • Payment confirmation;

  • Courier tracking;

  • Delivery confirmation;

  • Customer correspondence; and

  • Relevant acceptance of our Terms.

Nothing in this clause prevents a customer from exercising a legitimate chargeback or consumer right.

Fraudulent or knowingly false chargeback claims may be disputed.


15. ORDER CANCELLATIONS

If you wish to cancel an order, contact:

info@ohsonaughty.co.za

as soon as possible.

Where an order has not yet been processed or dispatched, we will deal with the cancellation according to applicable law and our Returns & Refunds Policy.

Once an order has entered dispatch or has already been collected by the courier, cancellation may no longer be operationally possible.

Any subsequent return will then be dealt with according to our Returns, Exchanges, Refunds & Product Warranty Policy and applicable legislation.


16. SHIPPING & DELIVERY

Shipping is governed by our Shipping & Delivery Policy.

Delivery estimates are estimates unless expressly agreed otherwise.

Factors outside our reasonable control may include:

  • Courier network delays;

  • Severe weather;

  • Road closures;

  • Load disruptions;

  • Strikes;

  • Natural disasters;

  • Civil unrest;

  • Public holidays;

  • Peak seasonal volumes; and

  • Other extraordinary circumstances.

We will nevertheless comply with our obligations under applicable South African law.


17. CUSTOMER DELIVERY RESPONSIBILITIES

The customer must provide an address at which the parcel can reasonably be delivered.

Where possible, someone should be available to receive the parcel.

The customer may be responsible for reasonable additional courier costs caused by:

  • Incorrect delivery information;

  • Repeated failed delivery attempts caused by customer unavailability;

  • Refusal to accept a correctly supplied parcel;

  • Requesting redirection after dispatch; or

  • Other circumstances attributable to the customer,

where such charges are permitted by law.


18. RISK DURING DELIVERY

Risk in the products remains with Oh So Naughty until delivery has occurred as required by applicable law.

Where a parcel arrives damaged, please follow the procedure contained in our Returns, Exchanges, Refunds & Product Warranty Policy.


19. DISCREET PACKAGING

We understand the private nature of the products we sell.

We make reasonable efforts to package and dispatch orders discreetly.

However, information required by:

  • Couriers;

  • Payment providers;

  • Banks;

  • Tax authorities;

  • Customs authorities; or

  • Applicable law

may still appear on certain transaction or delivery records.


20. RETURNS, EXCHANGES & REFUNDS

All returns, exchanges, defective-product claims and refunds are governed by our:

Returns, Exchanges, Refunds & Product Warranty Policy.

The policy forms part of these Terms & Conditions.

Nothing in these Terms removes any right available under the CPA, ECTA or other applicable law.


21. INTIMATE & HYGIENE PRODUCTS

Many of our products are intimate and hygiene-sensitive.

Opened or used intimate goods cannot ordinarily be returned merely because the customer:

  • Changes their mind;

  • Does not like the product;

  • Finds it too strong or weak;

  • Finds it too large or small;

  • Does not enjoy the sensation; or

  • Decides that the product is unsuitable for their personal preference.

This does not remove statutory rights relating to genuinely defective, unsafe, incorrectly supplied or otherwise non-compliant products.

Please consult our Returns Policy for complete details.


22. PRODUCT CARE & INSTRUCTIONS

Customers must read and follow:

  • Manufacturer instructions;

  • Charging instructions;

  • Cleaning instructions;

  • Waterproof ratings;

  • Warnings;

  • Storage instructions;

  • Lubricant compatibility information; and

  • Safety instructions.

Failure to follow supplied or reasonably available instructions may damage a product.

Damage caused by misuse is not necessarily a manufacturing defect.


23. RECHARGEABLE PRODUCTS

Rechargeable products must be charged according to manufacturer instructions.

Customers should:

  • Use the supplied cable where applicable;

  • Use an appropriate power source;

  • Avoid damaging charging ports;

  • Follow recommended charging periods; and

  • Disconnect the product once charging is complete where recommended.

Damage caused by incorrect charging, incompatible power sources, damaged charging ports or failure to follow instructions may not constitute a manufacturing defect.


24. WATERPROOF & WATER-RESISTANT PRODUCTS

Customers must distinguish between products described as:

  • Waterproof;

  • Water-resistant;

  • Splash-proof;

  • Splash-resistant; and

  • Washable.

These terms do not necessarily have the same meaning.

Do not submerge a product unless the manufacturer's specifications expressly permit it.

Water damage caused by use beyond a product's stated rating may not constitute a manufacturing defect.


25. LUBRICANT COMPATIBILITY

Certain product materials may be damaged by incompatible lubricants.

Customers should follow lubricant-compatibility guidance supplied with or displayed for a product.

Material deterioration caused by use of an incompatible lubricant may not constitute a manufacturing defect where appropriate instructions or warnings were provided.


26. SAFE & RESPONSIBLE PRODUCT USE

Adult toys and intimate products must be used responsibly and according to their intended purpose.

Customers should stop using a product if:

  • It causes unexpected pain;

  • It becomes damaged;

  • It overheats abnormally;

  • Electrical components become exposed;

  • The battery becomes swollen;

  • The product behaves abnormally; or

  • Continued use may be unsafe.

Products must not be used in a manner contrary to the instructions supplied with them.


27. HEALTH INFORMATION

Information appearing on the Oh So Naughty website is provided for general educational and product-information purposes.

It is not medical advice.

Oh So Naughty does not diagnose, treat or prevent medical conditions.

If you:

  • Are pregnant;

  • Have a medical condition;

  • Have recently undergone surgery;

  • Have an implanted medical device;

  • Experience persistent pain;

  • Experience unexplained bleeding;

  • Experience an allergic reaction; or

  • Have concerns regarding whether a product is medically appropriate,

you should obtain advice from an appropriately qualified healthcare professional.


28. PRODUCT RESULTS

Individual experiences with adult products differ.

Unless expressly stated otherwise, Oh So Naughty does not guarantee that a product will:

  • Cause orgasm;

  • Cause ejaculation;

  • Cause squirting;

  • Improve sexual performance;

  • Resolve sexual dysfunction;

  • Produce identical sensations for every customer; or

  • Produce a particular personal outcome.

This does not affect your rights where the product itself is defective or materially fails to perform according to its specifications.


29. PRODUCT SAFETY

Customers must comply with reasonable safety instructions and warnings provided with products.

Products should be kept:

  • Away from children;

  • Away from pets where appropriate;

  • Away from excessive heat;

  • Away from incompatible chemicals; and

  • Stored according to manufacturer instructions.


30. THIRD-PARTY PRODUCTS

Some products sold by Oh So Naughty are manufactured by third parties.

Third-party trademarks, names and logos remain the property of their respective owners.

Where manufacturer warranties exist, they operate in addition to and not in substitution for applicable statutory consumer rights.


31. INTELLECTUAL PROPERTY

Unless otherwise indicated, website content belonging to Oh So Naughty is protected by applicable intellectual-property law.

This may include:

  • Logos;

  • Website design;

  • Original text;

  • Graphics;

  • Marketing material;

  • Photographs owned by us;

  • Product guides;

  • Blog content; and

  • Other original material.

You may not reproduce, copy, commercially exploit or distribute our protected content without prior permission, except where permitted by law.


32. USER REVIEWS & SUBMITTED CONTENT

Where customers submit:

  • Reviews;

  • Images;

  • Comments;

  • Testimonials; or

  • Other content,

they confirm that they have the right to submit that material.

Customers must not submit material that is:

  • Unlawful;

  • Fraudulent;

  • Defamatory;

  • Threatening;

  • Harassing;

  • Infringing;

  • Malicious;

  • False or deliberately misleading; or

  • In violation of another person's privacy.

We reserve the right to moderate or remove content where reasonably necessary.

We will not remove legitimate negative reviews simply because they are negative.


33. WEBSITE SECURITY

You must not:

  • Attempt unauthorised access to our systems;

  • Upload malicious software;

  • Introduce viruses;

  • Scrape the site unlawfully;

  • Interfere with checkout functionality;

  • Circumvent security measures;

  • Manipulate prices;

  • Exploit website vulnerabilities; or

  • Use our systems for fraudulent activity.

We reserve all legal rights regarding deliberate attacks or fraudulent use of the website.


34. WEBSITE AVAILABILITY

We aim to keep the website reasonably available but cannot guarantee uninterrupted access.

The website may occasionally be unavailable due to:

  • Maintenance;

  • System upgrades;

  • Hosting failures;

  • Internet outages;

  • Security incidents; or

  • Circumstances beyond our reasonable control.

Nothing in this section excludes liability that cannot legally be excluded.


35. THIRD-PARTY LINKS

Our website may contain links to third-party websites or services.

We are not responsible for third-party websites that are outside our control.

Customers should review the privacy policies and terms applicable to third-party websites before using them.


36. PRIVACY & PERSONAL INFORMATION

We process personal information according to our Privacy Policy and applicable South African privacy legislation.

Customer information may be shared with service providers where reasonably necessary to complete transactions, including:

  • Payment processors;

  • Couriers;

  • Technology providers;

  • Hosting providers;

  • Customer-support systems; and

  • Other authorised service providers.

Information will not be sold merely because a customer has purchased from us.

Please read our Privacy Policy for full details.


37. ELECTRONIC COMMUNICATIONS

By placing an order, you agree to receive transactional communications reasonably necessary to complete the transaction.

These may include:

  • Order confirmations;

  • Payment notifications;

  • Delivery information;

  • Courier notifications;

  • Return communications; and

  • Customer-service correspondence.

Marketing communications will be dealt with according to applicable law and our Privacy Policy.


38. WARRANTIES

Products supplied by Oh So Naughty remain subject to all warranties that apply under South African consumer law.

Nothing in these Terms should be interpreted as excluding the statutory warranty of quality or any other warranty that cannot legally be excluded.

Where an additional manufacturer warranty applies, details may be supplied with the product.


39. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Oh So Naughty will not be liable for losses arising solely from:

  • Customer misuse;

  • Failure to follow product instructions;

  • Use contrary to warnings;

  • Incorrect charging;

  • Improper cleaning;

  • Use of incompatible lubricants;

  • Unauthorised alteration;

  • Improper storage;

  • Product use contrary to its intended purpose; or

  • Damage caused after delivery by the customer or another person.

Any limitation or exclusion in these Terms applies only to the extent permitted by law.

Nothing in these Terms excludes or restricts liability where such liability cannot lawfully be excluded, including rights or remedies arising under applicable provisions of the Consumer Protection Act.


40. PRODUCT LIABILITY

Nothing in these Terms is intended to exclude or unlawfully restrict any liability arising under section 61 of the Consumer Protection Act or any other mandatory provision of applicable law.

Customers must nevertheless use products responsibly and comply with supplied warnings and instructions.


41. INDEMNITY FOR UNLAWFUL OR UNAUTHORISED USE

To the extent permitted by law, you are responsible for losses reasonably arising from your own deliberate unlawful use of:

  • Our website;

  • Our intellectual property;

  • Our systems; or

  • Products supplied by us,

where such losses were caused by your unlawful conduct.

This clause does not require you to indemnify Oh So Naughty against liability that cannot legally be transferred to you.


42. FRAUD & ABUSE

We reserve the right to investigate reasonably suspected:

  • Payment fraud;

  • Return fraud;

  • Chargeback abuse;

  • Coupon abuse;

  • Account manipulation;

  • Deliberate product damage;

  • False warranty claims; and

  • Other fraudulent activity.

Where appropriate and lawful, information may be supplied to:

  • Payment processors;

  • Banks;

  • Courier companies;

  • Fraud-prevention providers; or

  • Law-enforcement authorities.


43. ACCOUNTS

Where customer accounts are available, you are responsible for maintaining the security of your login credentials.

Please notify us if you reasonably believe that your account has been compromised.

We may suspend an account where reasonably necessary to prevent fraud or security risks.


44. TERMINATION OR REFUSAL OF SERVICE

Oh So Naughty may refuse future service to a customer where there is a legitimate reason, including:

  • Fraud;

  • Harassment or abuse of staff;

  • Threats;

  • Repeated fraudulent claims;

  • Repeated chargeback abuse;

  • Website attacks;

  • Unlawful conduct; or

  • Serious violation of these Terms.

We will not unlawfully discriminate against customers or refuse service for prohibited reasons.


45. FORCE MAJEURE & EVENTS OUTSIDE OUR CONTROL

Neither party will be responsible for unreasonable delay caused by extraordinary events genuinely outside that party's reasonable control, subject to any statutory rights that remain applicable.

Examples may include:

  • Natural disasters;

  • Severe weather;

  • War;

  • Civil unrest;

  • Widespread infrastructure failure;

  • Government restrictions;

  • Major courier-network interruption; or

  • Similar extraordinary events.


46. GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa.

Nothing in these Terms prevents a consumer from exercising any right to approach a competent:

  • Court;

  • Tribunal;

  • Consumer authority;

  • Ombud; or

  • Other dispute-resolution body

where applicable.


47. COMPLAINTS

We would prefer the opportunity to resolve a complaint directly.

Please contact:

info@ohsonaughty.co.za

Include:

  • Your name;

  • Order number;

  • Description of the complaint; and

  • Any relevant supporting information.

We will make reasonable efforts to resolve legitimate complaints.

Nothing in this section prevents a consumer from using any external dispute-resolution remedy available under South African law.


48. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect:

  • Legal changes;

  • Operational changes;

  • Payment changes;

  • Courier changes;

  • Website changes; or

  • Business developments.

The version applicable to a transaction will generally be the version in effect when that transaction was concluded, unless applicable law provides otherwise.

Updated Terms will be published on the website together with an updated effective date.


49. SEVERABILITY

If any clause in these Terms is determined to be invalid or unenforceable, that clause will be treated as severable to the extent reasonably possible.

The remaining provisions will continue to apply.


50. ENTIRE AGREEMENT

These Terms, together with the policies referred to in them and any product-specific terms disclosed before purchase, constitute the terms applicable to your transaction with Oh So Naughty.

No provision should be interpreted in a way that removes statutory consumer rights that cannot legally be waived.


51. ECTA BUSINESS DISCLOSURES

The following business information must be displayed on the Oh So Naughty website as required by applicable law:

Trading name: Oh So Naughty

Legal entity: [INSERT REGISTERED COMPANY / OWNER NAME]

Legal status: [INSERT – e.g. (Pty) Ltd / Sole Proprietor]

Company registration number: [INSERT IF APPLICABLE]

Physical business address: [INSERT]

Address for service of legal documents: [INSERT]

Telephone number: [INSERT]

Email: info@ohsonaughty.co.za

Website: www.ohsonaughty.co.za

VAT number: [INSERT IF APPLICABLE]

Where applicable, details of any industry body, code of conduct or dispute-resolution scheme to which we subscribe will also be made available.


52. CONTACT US

For customer-service enquiries:

Oh So Naughty
Email: info@ohsonaughty.co.za

Customer-service hours:
Monday to Friday
08:00 – 17:00
Excluding South African public holidays.


IMPORTANT CONSUMER NOTICE

Please read our Returns, Exchanges, Refunds & Product Warranty Policy before opening or using an intimate product.

Because of the hygienic nature of the products sold by Oh So Naughty, opening, using or testing certain products may affect your ability to return them for a simple change of mind.

This does not remove your statutory rights where goods are genuinely defective, unsafe, incorrectly supplied or otherwise fail to comply with applicable South African consumer legislation.

By completing your purchase, you confirm that you have had an opportunity to review these Terms, your order details, the applicable product information and our Returns Policy before submitting your order.