Sunsibility Sun Protection Terms and Conditions of Sale
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any products from our site. Please note that by ordering any of our products, you agree to be bound by these Terms and the other documents expressly referred to in it.
We amend these Terms from time to time as set out in clause 5. Every time you wish to order products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1st May 2014.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 My name is Angeli Jackson, trading as SunSibility, and I operate the website www.sunsibility.co.uk.. My trading address is 88 Jasmin Road, Epsom, Surrey, KT19 9EA, United Kingdom. I am not registered for VAT.
1.2 To contact SunSibility, please telephone +44 (0)208 224 2299, write to us at 88 Jasmin Road, Epsom, Surrey, KT19 9EA, United Kingdom, send an email to email@example.com, or use the Contact Us form on our website at http://www.sunsibility.co.uk/contact/
2. OUR PRODUCTS
2.1 The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5-10% tolerance.
2.3 The packaging of the products may vary from that shown on images on our site.
2.4 All products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the product you have ordered is not available. We take payment in full at the point of order but, if the product is not available, we will not process your order and will contact you to agree a suitable replacement/alternative or, failing that, refund the payment as soon as possible.
2.5 If you are a consumer, you may only purchase products from our site if you are at least 18 years old.
2.6 As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 For the steps you need to take to place on order on our site, please see our How To Order page at http://www.sunsibility.co.uk/about-sunsibility/how-to-order/.
4.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that, although we take full payment at the point of order, this does not mean your order has been accepted. Our acceptance of your order will take place as described in clause 4.4.
4.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
4.5 If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 9.4, we will inform you of this by e-mail and we will not process your order. We will arrange a suitable replacement/alternative, or refund you the full amount you have paid, as soon as possible.
5. OUR RIGHT TO VARY THESE TERMS
5.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you
(b) changes in relevant laws and regulatory requirements
5.2 Every time you order products from us, the Terms in force at that time will apply to the Contract between you and us.
5.3 Whenever we revise these Terms in accordance with this clause 5, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
6. YOUR CONSUMER RIGHT OF RETURN AND REFUND
6.1 If you are a consumer, you have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel the Contract, without giving any reason, during the period set out below in clause 6.4.
6.2 This cancellation right does not apply in the case of any products which are made to your specifications or are clearly personalised.
6.3 To exercise the right to cancel, you must notify us by sending a clear statement of your decision to cancel the Contract by sending an e-mail to firstname.lastname@example.org, or by sending a letter to SunSibility, 88 Jasmin Road, Epsom, Surrey KT19 9EA. You may download, print and use the model cancellation form which is available by clicking here, but this is not obligatory. We recommend that you keep a copy of the notification for your own records. If you send the notice by e-mail or by post, the cancellation is effective from the date you sent us the e-mail or posted the letter to us.
6.4 Your legal right to cancel a Contract ends 14 days after the day on which you, or any third party (other than the carrier) nominated by you, receive the products (or, if you ordered more than one product in the same Contract and they are delivered on different days, the last of the products). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6.5 If you cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery we offered). You will not incur any fees as a result of the reimbursement. However, unless the products are faulty or not as described (in this case, see clause 6.9), you will have to bear the direct cost of returning the products.
6.6 You must send the products back to, or hand them over to us at, 88 Jasmin Road, Epsom, Surrey KT19 9EA, at your own expense, without undue delay and in any event not later than 14 days from the day on which you inform us of your cancellation of the Contract. In the case of third party products, please return them direct to the third party supplier, namely Stingray products to Andy Pullan of PO Box 624, Weybridge, Surrey KT13 3DF, Wallaroo Headgear to Jane Forcellati of Litton House, Saville Road, Westwood, Peterborough PE3 7PR, and Rob McAlister Umbrellas to Vicky Gough of Unit Q4, Cherrycourt Way, off Stanbridge Road, Leighton Buzzard, Bedfordshire LU7 4UH. The deadline is met if you send back the products before the period of 14 days has expired. Meanwhile, you must keep the products in your possession and take reasonable care of them while they are in your possession.
6.7 We will make the reimbursement (using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise) without undue delay, and not later than 14 days after the earliest of the day we receive the products back from you, the day you provide evidence that you have returned the products or (if they have not yet been delivered) the day on which we are informed about your decision to cancel the Contract.
6.8 We will not make any deduction from the reimbursement, otherwise than for any loss in value of the products which results from any handling by you beyond what is necessary to establish the nature, characteristics and functioning of the products goods of unnecessary handling by you. In particular, you must not handle them in a way which goes beyond the sort of handling which might reasonably be allowed in a shop. If you do, and the value of the products is diminished as a result, we may deduct the amount of the diminution from the refund, or recover it from you, up to the contract price.
6.9 As a consumer, you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 6 or these Terms. If you have returned the products to us under this clause 6 because they are faulty or mis-described, we will refund the price of a defective product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.1 We will fulfil your order as soon as possible, and in any event not later than 30 days after the day on which the Contract was formed, unless there is an Event Outside Our Control. The estimated delivery date will be set out in the Dispatch Confirmation, and will usually be much sooner. If you notify us when ordering the products that you need them by a specified date, we will use all reasonable endeavours to meet your requirements, but do not guarantee that this will be possible. Urgent deliveries may involve additional delivery charges, in which case we will contact you and obtain your agreement before sending the Dispatch Confirmation. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
7.2 Delivery will be completed when we deliver the products to the address you have provided.
7.3 The products will be your responsibility from the completion of delivery.
7.4 You own the products once we have received payment in full, including all applicable delivery charges.
8. INTERNATIONAL DELIVERY
8.1 We deliver to the countries listed on this page www.sunsibility.co.uk/terms-and-conditions-of-sale/ (International Delivery Destinations). However there are restrictions on some products for certain International Delivery Destinations, so please review the information on that page carefully before ordering products.
8.2 If you order products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.4 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of product(s) you ordered, please see clause 9.5 for what happens in this event.
9.2 Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
9.3 The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
9.4 The price of a product does not include delivery charges. Our delivery charges are as quoted on our site from time to time . To check relevant delivery charges, please refer to our How to Order page at http://www.sunsibility.co.uk/about-sunsibility/how-to-order.
9.5 Our site contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our site may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.
10. HOW TO PAY
10.1 You can pay for products by Paypal, cheque or postal order, BACS payment or international bank transfer or by using a debit card or credit card. We accept all major credit and debit cards.
10.2 Payment for the products and all applicable delivery charges is in advance. We will charge your debit card or credit card when we receive your order.
11. MANUFACTURER GUARANTEES
11.1 Some of the products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the products.
11.2 If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
12. OUR WARRANTY FOR THE PRODUCTS
12.1 For products which do not have a third party manufacturer’s guarantee, we provide a warranty that on delivery and for a period of  months from delivery, the products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 12.2.
12.2 The warranty in clause 12.1 does not apply to any defect in the products arising from:
(a) fair wear and tear
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party
(c) if you fail to operate or use the products in accordance with the user instructions
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers or
(e) any specification provided by you
12.3 If you are a consumer, this warranty is in addition to your legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
13. OUR LIABILITY
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15. COMMUNICATIONS BETWEEN US
15.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
15.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 6, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter by prepaid post to 88 Jasmin Road, Epsom, Surrey KT19 9EA. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
15.3 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by post as set out in paragraph 15.2 above.
15.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a product as a gift, you may transfer the benefit of our warranty in clause 12 to the recipient of the gift without needing to ask our consent.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a product will have the benefit of our warranty at clause 12, but we and you will not need their consent to cancel or make any changes to these Terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
16.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
SunSibility are committed to protecting and respecting your privacy.
This policy and any other documents referred to on it sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.sunsibility.co.uk you are accepting and consenting to the practices described in this policy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Angeli Jackson of 88 Jasmin Road, Epsom, Surrey, KT19 9EA, United Kingdom.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
• Information you give us. You may give us information about you by filling in forms on our site www.sunsibility.co.uk (our site), by providing testimonials or other feedback or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product or place an order on our site and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
• Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
• technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
• information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
• Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive testimonials, feedback or other information about you from them.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
• Information you give to us. We will use this information:
• to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
• to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
• to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form);
• to notify you about changes to our service;
• to ensure that content from our site is presented in the most effective manner for you and for your computer.
• Information we collect about you. We will use this information:
• to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
• to allow you to participate in interactive features of our service, when you choose to do so;
• as part of our efforts to keep our site safe and secure;
• to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
• to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
• Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
DISCLOSURE OF YOUR INFORMATION
We may share your information with selected third parties including:
• Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
• Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
• Analytics and search engine providers that assist us in the improvement and optimisation of our site.
• Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
We may disclose your personal information to third parties:
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If SunSibility or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of supply [LINK] and other agreements; or to protect our rights, property, or safety or that of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure.
Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting Angeli Jackson at 88 Jasmin Road, Epsom, Surrey, KT19 9EA, United Kingdom or by email to firstname.lastname@example.org, or via the Contact Us page on our website at http://www.sunsibility.co.uk/contact/default.asp.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.