Terms of Service
[Updated on 9/27/2023]
By purchasing from this store, you agree that you have read and accepted the contents of these Terms of Service and our FAQ.
I. You must be 18 or older to access our site and/or make purchases, and must be in a country where our goods and services are not prohibited.
By using this site and purchasing our products, you agree that you are of legal age to purchase adult products. Anyone who is found to be a minor and attempts to make contact or purchases will be issued a permanent ban, and any un-shipped orders will be cancelled.
Phoenixflame Creations may not be held liable for any consequences that arise from inappropriate or illegal use of our website, services, or products. If sex toys are prohibited in your country, please do not access our site or attempt to purchase our products.
II. When demand is high, or when we release a new product, we may place a Purchase Limit on our products. Failure to adhere to these limits may result in an order alteration or cancellation.
Currently, the Purchase Limit is only active for our newest models (the images below are only an example; Kouya is not currently limited). The item listings will be updated to indicate whether or not an item is limited.
The limit is fairly straightforward: you cannot purchase two of the same item, even if the firmness is different, in a given 24 hour period. See the FAQ page for more details.
If two limited items share the same size and silhouette, they are considered duplicates.
However, if you have two limited items that are the same model but a different size, these are considered different items, and you may purchase both.
If all of the models are completely different, you can buy as many different models as you like without worrying about the Purchase Limit.
At this time, there is no limit on accessories such as Desk Guardians or Dicklets, unless otherwise noted in those listings or in the site's announcement banner.
If your order exceeds the Purchase Limit, it may be cancelled and refunded without warning. Where possible, we will offer to partially cancel an order and remove only excess items, but this is not guaranteed, especially when there is a limited-time sale or similar circumstance that makes us unable to wait for a response.
The Purchase Limit applies not only to your own orders, but orders made on your behalf by friends, family or "Drop Help". If you and a helper both buy duplicate items, and these items are going to the same individual, one or both orders may be cancelled. For this reason, it is not recommended to enlist "drop helpers" if you and your helper are at risk of buying duplicate items.
The purpose of the limit is to prevent any individual, household, or organized group from monopolizing items. Any coordinated efforts that become disruptive to other customers may result in a warning, followed by order cancellation if necessary.
Even while the Purchase Limit is inactive, orders containing five or more toys, regardless of which ones, may be subject to investigation or cancellation, if there is anything suspicious about the order.
III. All sales are final.
We do not accept cancellations or grant refunds for any reason, unless we have made an error. At our sole discretion, we may grant a one-time exception in the event of a verifiable system or user error, but this is in no way guaranteed.
IV. We reserve the right to cease doing business with anyone, at any time, for any reason.
This right may be exercised in response to harassment, threats, unreasonable expectations, spreading of misinformation, attempts to circumvent our Terms of Service, coercing us to make exceptions, exploitative behavior (toward ourselves OR others in our industry), etc. Helping another person who has been banned from our store — or who lives in a country that is restricted from buying our products — may also result in a ban.
Any attempt to initiate a chargeback or open a case will result in a permanent ban from our shop. Minors, or people assisting minors in obtaining our products, will be permanently banned.
V. Due to the handmade nature of our work, it is subject to "imperfections" and there is no guarantee that the product will be flawless.
Such "imperfections" may include, but are not limited to: brush strokes, fingerprints, "skin tags" (small globes of silicone on surface of toy which can be pinched off), tooling/sanding marks, 3D printer striations, intangible pigment freckles or splashes of color.
Unless there is an undocumented defect that poses a threat to the structural integrity of the item and the issue is confirmed to be our fault, we do not issue refunds or replacements. Where relevant, we may issue advice for fixing minor issues (see section IX).
VI. Our products are sold as novelties, and are for adult use only.
Our products are not medical devices, and Phoenixflame Creations, LLC cannot be held responsible for pain or injury resulting from their use. We are not responsible for the manner in which a customer chooses to utilize a product, nor are we liable if a customer disregards safety guidelines and/or sustains an injury.
We cannot, and will not, offer advice on the usage of toys beyond that which is found within the listings or in any videos we may provide.
VII. We do not provide a warranty on our products.
Due to the countless ways in which it is possible for a product to become damaged through improper use, storage, or exposure to various elements, we cannot guarantee any particular lifespan of our products.
Silicone is a resilient material, but far from impervious to damage. With proper care, it should last for many years, particularly if it is not listed as a flop. Flops often come with inherently shortened lifespans; purchasing a toy designated as a Flop constitutes acceptance that the toy may be rendered unusable in a shorter amount of time than a typical toy with no noteworthy flaws.
At our discretion, we may offer a replacement or refund if — and only if — we can determine that a toy has been rendered unusable as a result of a production error. User error, such as exposure to conditions that may cause silicone to deteriorate, is not grounds for refund or replacement.
VIII. Unbagging an item is considered acceptance of said item; compensation cannot be given for issues that may occur or be found after the item leaves its original packaging.
Do not unbag your toy if you believe it has a serious, undocumented flaw. Contact us first and send the clearest possible photos of the problem while the item is still in its sealed bag. We are unable to verify the source of an issue if a toy is unbagged before we have had the chance to investigate.
IX. In specific situations where items are ineligible for refund or replacement, the customer may be instructed on how to repair the item, if it is possible to do so.
Our products are practical items which will naturally experience wear and tear over their lifetime. While we will stand by items that we can determine have a manufacturing defect, there are some cases where the only remaining option will be repairs made by the customer.
The following are examples, but not a comprehensive list, of situations that may warrant repair by the customer:
- A flop toy (or toy sold with notes regarding repairs or potential issues) develops repairable damage over time, such as an emerging pigment freckle, silicone fragment, or minor tearing damage from rough handling/poor storage
- Hand-painted toys developing minor delamination in non-insertable sections, which are easily and safely fixed
- A minor, fixable, undocumented issue is not noticed or reported before the toy is removed from its bag and the source of the defect cannot be determined any longer
- A fixable issue, whether on a bagged or unbagged item, is not reported for an extended period of time (a week or more) after the item arrives at the customer's given address. Even if an item appears to have remained bagged, it can be difficult or impossible for us to tell what conditions the package may have been subjected to while it remained unopened.
We do not offer a repair service due to the intimate nature of our items, but can provide a supply list and guidance as needed, for situations such as those above.
By purchasing our items, you acknowledge and accept we may make this suggestion when we are unable to offer alternative solutions, and repair is considered a normal part of silicone toy ownership.
X. We are not responsible for the movement of mail through the postal system, nor are we responsible for package loss or damage.
However, we will be happy to assist you in filing for a mail search and/or claims. Phoenixflame Creations, LLC cannot grant refunds to the customer until the US Postal Service has confirmed package loss or damage; this process may take more than a month, and we do not have any control over the speed at which USPS operates.
If you receive a damaged package and the goods within are also damaged, do not tamper with the package further except to take pictures of the damage. Store the entire package, contents and all, until the damaged mail claim is filed and resolved. USPS may request to inspect the items in person, so the items should remain unused until resolution occurs. The customer forfeits compensation from both Phoenixflame Creations and the USPS if they should fail to follow instructions in any manner that may void their damage or loss claim.
We are not capable of giving delivery instructions to USPS, such as where to place packages; this must be done by the recipient via the USPS website.
XI. The customer is responsible for providing up to date, accurate shipping information.
Phoenixflame Creations cannot compensate the customer for packages which are sent to the wrong address. We send to the address which is provided by the customer, and will not modify it unless there is an obvious error, such as a typo or the usage of an old address at which the customer no longer resides.
Due the possibility of packages ending up in inappropriate places/hands, we will not change the addressee, so an address cannot be changed to go to a different person entirely. We also cannot change the destination country. If we observe the same users repeatedly requesting address changes, service may be terminated and orders cancelled.
If there was an error with your address, contact us immediately to have the best possible chance of getting it fixed before shipment day.
XII. Packages which are refused or never picked up will not be refunded unless the item returns to us AND we are able to verify that the contents have never been opened or otherwise tampered with.
Any tampering with the product packaging will result in the contents being considered "used", and therefore not resellable or refundable. The customer may request reshipment, but will be required to pay in full for the package to be sent again.
Refunds will not be issued for shipping charges in the event a package returns to us. Only the price of the product —if it is still sealed and new— will be refunded.
XIII. Our workshop is not a sterile environment and we cannot guarantee the total absence of allergens which may find their way into a package.
Phoenixflame Creations, LLC is a home business on a property full of animals. While animals are not permitted in the workshop, and molds are kept covered, that does not mean it the shop is void of potential allergens.
Any allergen which is likely to occur in the average household may also occur here. It's possible, albeit rare, for an animal hair, wayward tiny bug (we are in Florida and anyone who tells you they can completely keep insects out of a space is probably being dishonest), or other bit of fuzz to sneak in with a product. No need to panic or throw out the toy — they can be washed and sanitized, after all!
We strive to get our products as clean as possible before bagging and sending them to their new homes, but we do not possess special cleaning equipment, nor is the office itself a sterile environment. Phoenixflame Creations cannot provide medical advice nor guarantee safety; it is the customer's responsibility to clean, use, and maintain the product in the manner appropriate for their needs, or to avoid purchasing entirely if there is a substantial risk to their health, should the product be anything less than completely sterile.
XIV. We do not accept returns.
Due to the intimate nature of our products, we cannot accept returns under any circumstances.
If a product is defective and deemed worthy of refund or replacement, the customer may be asked to destroy it and provide proof of destruction (or return it so it can be destroyed by us), after which compensation will be given.
XV. You may not purchase for the explicit purpose of resale or replication of our products.
We take our intellectual property very seriously and will take legal action against anyone who attempts to claim our work as their own, and/or recast our products in order to sell copies. Mass-purchasing and resale of our products is also strictly forbidden, and those found to be engaging in these practices will be banned from making further purchases.
We have no partnerships with any other vendors and sell only on this site, or on our original Etsy page. Any other source attempting to sell our merchandise is NOT a legitimate vendor and should be reported immediately*.
*In the case of private secondhand sales on fantasy toy community forums, it is permissible to resell the occasional used toy, but we do not in any way endorse, back, or otherwise guarantee these transactions. Shop bans may be issued if customers are found to be reselling suspicious numbers of "used" toys or participating in the practice of scalping other customers.