Website Terms & Conditions Application (Online Sales)
USE OF OUR WEBSITE
Your access and use of Our website (including where you link Our website to a third-party medium) must only be made in accordance with these Terms & Conditions and any applicable law. You warrant and agree that you will not pass-off, link or imply anything with regards to Our website or brand which can or may: Suggest or imply that you are associated, approved, endorsed or otherwise affiliated with Sunnylife, except with Our written consent; in a manner which is illegal; or that damages or takes advantage of Our good-will or reputation. To the extent permitted by law, you bear full responsibility for any and all activity which occurs on your account with Sunnylife. We are not responsible for any unauthorised activity on your account. Suspected illegal or fraudulent activity may be referred to the relevant authorities and We will provide the requisite assistance to the authorities in these circumstances.
RETURNS POLICY RETURNS, REFUNDS, EXCHANGES AND FAULTS
In addition to your applicable legal rights, We also offer refunds 30 days from the date you receive your Sunnylife product if you change your mind and return the product to Us. To be eligible for a refund, the product must be unused and must be in its intact, original packaging. Once We receive your returned product, We will assess it and where the product is unused and undamaged, We will process a refund for the amount charged to you for the product. You will be responsible for paying your own postage costs for returning your Sunnylife product. These costs will not make up part of the refund. We recommend that you use a reputable and trackable freight service provider as We are not responsible for lost or damaged returns. Except where your Sunnylife product suffers from a major failure (as defined in the Consumer Laws), We are unable to offer exchanges. However, you are able to return the product/s in accordance with Our returns policy and/or any applicable laws, for a refund whereby you are able to use the funds to purchase another product of your choice on Our site. In addition to your applicable legal rights, We offer a 12 month warranty on all Our Sunnylife products.
SOCIAL MEDIA PLATFORMS
By tagging Us (@sunnylifeaustralia or #sunnylifeaustralia or #sunnylife) in your pictures you give Us permission to use any tagged material on any of Our social media platforms, on Our website and/or in Our emails.
Care is taken to ensure that all Our styles advertised are in stock. Very occasionally, We may unexpectedly run out of a style and if this happens, We will process a refund to you, subject to these Terms and Conditions. If the item is due to come in within a reasonable amount of time, We will endeavour to ship your order the same day the stock arrives. If there are any undue delays for any reason, We will contact you and, based on your preference, We will either provide you with an alternative product that is in stock, wait for the product to arrive in to stock or process a refund.
TERMS & CONDITIONS OF SALE
By placing an order with Us, via any means, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. When you proceed to make a purchase of Our products, you will be shown or otherwise informed of the price payable for those products, including any applicable GST, VAT and all other applicable taxes, charges and delivery costs. The price shown is that which is payable for your purchase and applies notwithstanding any prior representations as to price you may have seen or heard. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure outside of Our control for which We will not be responsible. We reserve the right to refuse to process an order or to refuse service to anyone at any time, including any request made by that person, at Our sole discretion.
When you place an order with Us, you will receive an acknowledgement e-mail confirming receipt of your order. The email will only be an acknowledgement of the order and does not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by Us and We have debited your credit or debit card. To place an order with Us, you must be at least 18 years old and have the capacity to enter into a legally binding arrangement with Us. You must also possess a valid credit or debit card issued by a bank acceptable to Us. Where you are younger than 18 years of age, orders may only be made on your behalf by a parent or guardian.
PRICING AND AVAILABILITY
Whilst We try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If We discover an error in the price of any goods which you have ordered, We will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If We are unable to contact you within a reasonable period of time, We will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, We will process a full refund. Where applicable, prices are inclusive of applicable taxes. Delivery costs will be charged in addition to the price of the product and any applicable taxes; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’ of the order. The services We provide may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. Due to photographic and/or hardware limitations associated with the representation of products, you are put on notice that the physical product may differ to a small extent in appearance to that provided on Our website. We will not be liable to you or any other third party by reason of Our withdrawing any product from Our Website, whether it has been sold or not, removing or editing any materials or contents on Our Website, or for refusing to process or accept an order after We have sent you an order confirmation.
Upon receiving your order, We carry out a standard pre-authorisation check on your payment method or card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
LIMITATION OF LIABILITY AND INDEMNITY
To the maximum extent permitted by law and notwithstanding anything within these Terms & Conditions to the contrary, You acknowledge and agree that We will not be liable in contract, tort (including negligence), statute or otherwise, for any losses or damages, whether direct, indirect, incidental, special or consequential (including for loss of profits), in relation to any product sold to you, service provided to you, or arising in any way whatsoever out of these Terms and Conditions, irrespective of whether or not you have been advised of or otherwise might have anticipated the possibility of such loss or damage. You agree to indemnify and hold Us and Our related entities, affiliates, and Our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party, to the maximum extent permitted by law.
Terms and Conditions effective as at 6 February 2023.