TERMS AND CONDITIONS

Terms & Conditions

The supply of all products by Sunnylife Group Pty Ltd, Sunnylife LLC, Sunnylife UK Europe Ltd (“We, Us, Our, Outliving, Sunnylife”) are governed by these terms and conditions (“Terms & Conditions”), which incorporate Our Privacy Policy, Wholesale Terms & Conditions and any other documents We refer to within these Terms & Conditions.

In browsing, accessing, utilising any of Our websites or making a purchase of Our products in the United States and Canada, you acknowledge and agree to be bound by these Terms & Conditions. We reserve the right to amend the Terms & Conditions at any time in Our sole discretion, with the amended Terms & Conditions thereafter being made available by Us. Where you continue to browse, access or utilise any of Our websites or make a purchase of Our products, you acknowledge and agree to be bound by any such amended Terms & Conditions.

For the avoidance of doubt, these Terms & Conditions constitute the entire agreement between you and Sunnylife and apply to the exclusion of any prior terms published by Us or any prior representations made.

  • 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.
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  • REFUNDS AND EXCHANGES
    • RETURNS AND REFUNDS
      • We 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 return, 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.
      • As We do not take title to returned products until the product arrives at Our specified warehouse, We recommend that you use a reputable and trackable freight service provider as We are not responsible for lost or damaged returns. Postage, freight and delivery costs will not make up part of your refund and these costs will be your responsibility.
    • EXCHANGES

Unfortunately, We are unable to offer exchanges, however, please feel free to return your product/s in accordance with Our returns policy so We can refund them, whereby you are able to use the funds to purchase another product of your choice on our site.

  • FAULTS
    • We offer a 12-month warranty on all Our Sunnylife products.
    • You can return faulty goods to Sunnylife LLC at. Please contact us for the returns address.
    • Where Your Sunnylife product is faulty, you will be entitled to a replacement or refund.
    • Our 12-month warranty does not cover wear and tear.
    • Any disputes as to Our warranty policy will be resolved by [specify dispute resolution procedures where applicable].
  • PRIVACY POLICY - SUNNYLIFE GROUP PTY LTD, SUNNYLIFE LLC

This is a Privacy Policy of Sunnylife Group Pty Ltd (ABN 15 093 345 496), Sunnylife LLC, Sunnylife UK Europe Ltd (“MAMJO”, “Sunnylife”,“Us”, “We”).

  • YOUR PRIVACY

Protecting your privacy and the confidentiality of your personal information is important to Us. Your rights to privacy are protected by the law, and this policy does not limit those rights. This Privacy Policy explains why We collect personal information and how We collect, use, disclose, store and protect your personal information.

Sunnylife’s Privacy Policy is located on Our website and can be accessed via the following link: https://www.sunnylife.com/14746976/policies/privacy-policy.html?locale=en-US

We put you on notice that the Privacy Policy referred to above forms part of and is incorporated into these Terms and Conditions as though it were set out in full herein.

US TERMS OF SERVICE

    • INSTAGRAM AND OTHER SOCIAL MEDIA PLATFORMS

By tagging Us (i.e. @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.

  • PRODUCT AVAILABILITY

Care is taken to ensure 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 for which We will not be responsible.
    • In order to contract with Sunnylife you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Us.
    • 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.
  • OUR CONTRACT
    • 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 and 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 GST or VAT or any other 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 on the service 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 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.
  • PAYMENT

Upon receiving your order, We carry out a standard pre-authorisation check on your payment 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.
  • WHOLESALE TERMS & CONDITIONS
    • APPLICATION

These Wholesale Terms & Condition are the terms and condition on which We, Sunnylife Group Pty Ltd, Sunnylife LLC, Sunnylife UK Europe Ltd (“We, Us, Our, Outliving, Sunnylife”) supply any of Our products to the applicant (“You, Your”), in Your capacity as a retailer, regardless of whether you operate Your business via physical retail premises or as an e-commerce website. The supply of Our products to you is strictly for commercial or business use or resale and is not for personal, domestic or household use or consumption by You.

  • GENERAL
    • Until You have paid to Us all monies outstanding to US in respect of any given transaction, title and ownership of all goods supplied or due to be supplied in that transaction shall remain with Us (whether or not We have possession of the goods) but the risk shall pass to You immediately on delivery (or in the case of You using Your own freight method, risk will pass immediately on pick-up by your appointed carrier). Upon request, You must assist Us in taking any measures We consider necessary to protect Our title to Our goods.
    • You agree that, in the event of You not paying for any of Our goods in the time frame specified, We may enter onto Your premises and any other premises where Our goods may be located within business hours, without notice and take possession of goods sold to You by Us to the value of the outstanding balance plus any costs of collection and restocking.
    • Where relevant, You acknowledge that Our Terms & Conditions constitute a security agreement (as defined in the relevant Uniform Commercial Code (“UCC”) and that this give rise to a purchase money security interest (defined in the UCC) in favour of Us, over the goods supplied or to be supplied to You pursuant to Our Terms & Conditions.
    • Where relevant, We may register Our security interest in the goods supplied or to be supplied to You under Our Terms & Conditions on the Personal Property Securities Register, as a purchase money security interest. You must do everything (including, without limitation, obtaining consents and signing documents) which We require for the purposes of:
      • Ensuring that Our security interest is enforceable and otherwise effective under the PPS Act for payment of all amounts owing by You and performance of all obligations owing by You;
      • Enabling Us to gain first priority (or any other priority agreed to by Us in writing) for the security interest; and
      • Enabling Us to exercise rights in respect of the security interest.
    • Where relevant, You waive your right to receive notification of, or a copy of, any verification statement in relation to a registration event concerning any security interest registration made by Us.
    • You must store, mark, and keep appropriate records for the goods sold to You so that the goods can at all times be identified as the property of Us. We may keep or sell any repossessed goods.
    • Notwithstanding any of the above provisions, We are entitled to maintain an action against You for the purchase price and any damages that may be applicable in the circumstances.
  • DELIVERY
    • Orders are final and may not be cancelled or returned.
    • We will part ship your order as soon as A$300 (for Australia/NZ) or US$300 (for USA/Canada) or £200 (for UK) or €250 (for rest of Europe) or more worth of the item is in stock.
    • All prices displayed/quoted are wholesale and exclude Goods and Services Tax (GST) and/or Value Added Tax (VAT) and/or Sales Tax and freight unless otherwise stated.
    • Any invoice queries or claims in respect of faulty goods, damaged goods, deficient packaging, or delivery shortfalls must be made in writing to Us within 7 days of receipt of goods, otherwise the invoice shall be deemed to be accepted by You. Any claims made will be subject to Our inspection and discretion. You are required to count the number of boxes delivered before signing off with the delivery person and We will not be liable for any shortfall if You sign off incorrectly.
    • Returns of goods will not be accepted without Our Return Authorisation form signed by both Us and You and always subject to Our Terms and Conditions.
    • Delivery dates are estimates only and reasonable delays are not grounds for cancellation of orders unless otherwise agreed.
    • You must also notify Us of any change of business address or residential address to enable Us to send notices to You.
    • Sunnylife will not be liable for unforeseen and/or uncontrollable geographic, economic and other changes affecting transport of goods and supply chains and You will not have any right to claim against Sunnylife in respect of these occurrences.

 

  • CREDIT
    • Credit accounts may be opened at the discretion of Us, subject to satisfactory trade references and credit reference agency searches being obtained. We will conduct a search of the applying entity with a Credit Reference Agency, and may also conduct a search of the personal credit file of the principal Director/s, Partner/s or Proprietor/s of the applying entity, at Our discretion.
    • We will monitor and record information relating to the applying entity’s trade and payment performance. Results of credit searches and payment performance information will be kept in a Credit File and will be made available to Credit Reference Agencies who will share that information with other businesses when assessing applications for credit and fraud prevention. Your Credit File may also be provided to Our credit insurance broker and credit insurer when a credit limit increase is required.
    • You have the right to apply in writing for a copy of Your credit file as part of the Privacy Act of 1974 and any other applicable privacy legislation.
  • PAYMENT TERMS
    • No payment shall be deemed to have been received until We have received cleared funds.
    • Standard payment terms (excluding the first order) are subject to credit assessment.
      You must provide a valid credit card with Your first order. Payment for the first order is required within 7 days from invoice date. Should payment not be received within 7 days from invoice date, payment will be charged to the provided credit card.
    • We reserve the right to charge up to a 3% credit card surcharge on credit card payments.
    • If any of Our invoices are not paid to Us within Your payment terms:
      • We can suspend all further deliveries of goods to You until full payment is received for all outstanding invoices;
      • You will incur a A$50 (for Australia/NZ) or US$50 (for USA/Canada) or £50 (for UK) or €55 (for rest of Europe) collection fee plus interest charged at 1.5% per month;
      • You will be liable to pay any legal costs or debt collection charges incurred by Us in collection of outstanding accounts whether for the recovery of monies due or for the recovery of goods supplied; and
      • We can close Your credit account at Our discretion.
    • We may, in Our sole discretion, assign Our rights to this agreement to a related party after providing reasonable notice in writing to You.
  • ONLINE SELLING
  • You may only display for sale those of Our products which You currently have in stock. This is to ensure Your customers receive rapid service without disappointment.
  • You may not display Our products for online pre-orders and You may not display Our products after they have sold out. For the avoidance of doubt, this means You must immediately remove those of Our products from Your website once you sell out of them.
  • We do not facilitate or participate in dropship order fulfilment processes.
  • After the first order, each subsequent order will have a minimum of A$300 (for Australia/NZ) or US$300 (for USA/Canada) or £200 (for UK) or €250 (for rest of Europe) thereafter.
  • You may not put any of Our products on any Digital Marketplaces without express written consent from Us in advance, including but not limited to Amazon, eBay and Alibaba or any such similar marketplace.
  • Where you have been authorized in writing by Our marketing department to include Our products on any website or online store or marketplace, The proposed website/on-line store or marketplace You must ensure that You are representing Our products in a manner that is consistent with Our brand objectives
  • You will need to credit Our brand if you use any of Our images and Our brand must be clearly displayed.
  • If You use an image of Ours on any social media platform (i.e. Facebook, Instagram, Snapchat etc.) You must tag and/or credit Us.
  • We do not hold stock for unconfirmed orders and hence are unable to supply “flash sale” businesses which seek to work in this way.

LIMITATION OF LIABILITY

    • To the maximum extent permitted by law and notwithstanding anything within these Terms & Conditions and these Wholesale 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 by Us, service provided to you by Us, 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.

US SHIPPING POLICY

      • GENERAL

Once you have placed an order via Our website you will immediately receive a confirmation email. This is automatically generated. Please check this confirmation email and contact Us immediately if there are errors or changes that need to be made.For all orders that are returned due to an incorrect address, you will be charged a fee of $20 for repacking and postage.If your package is going to a workplace, please include the business name so that it arrives promptly.

SHIPPING AND HANDLING

Our online store offers shipping at two rates to the USA (excluding Alaska and Hawaii). Orders under $149 will incur a Standard Delivery Fee of $10. Orders $149+ will receive Free Delivery. Please allow up to 3 - 8 business days for delivery. Free Shipping is calculated on the value of your cart after all discounts are applied.

SHIPPING TO ALASKA AND HAWAII

Standard delivery to these states is based on the weight of the order and the shipping fee starts from just $15.

LARGE ITEM FEE
A selection of Large Item Styles are available for delivery to addresses within selected regions of the United States will incur a Large Item Shipping And Handling Fee of $10. The styles which will incur this fee are our Beach Umbrellas, Beach Chairs, Lounger, Poolside Lounge, Picnic Baskets, Cooler Box Sounds and Cabanas.

LARGE ITEM
Selected styles are unable to be shipped to Hawaii, Alaska and Canada. These styles include Beach Umbrellas, Beach Chairs, Lounger, Poolside Lounge, Picnic Baskets, Cooler Box Sounds and Cabanas.

  • CANADA:
    Delivery to Canada starts from just $15 and will be dispatched in 2-3 working days. Delivery may take up to 21 Working Days depending on local customs and duty regulations. Please allow ample time for delivery if you are an international customer.

Please select the correct shipping option at checkout.

  • INTERNATIONAL SHIPMENTS

International shipments may be subject to the imposition of customs or import duties once they reach their destination. You will be liable for all of these duties and it is your sole responsibility to pay the charges to release the goods from the shipment. We are legally required to declare the full value of the shipment and will provide an invoice to customs should they require it.

Please be aware that customers are responsible for payment of any local customs duties. If customs duties are refused or unpaid these will be deducted from any future refund if applicable. We have no control over these charges as customs policies vary by country. If you have any questions related to customs charges, we advise you to contact your local customs office.

Sunnylife will not be liable for unforeseen and/or uncontrollable geographic, economic and other changes affecting transport of goods and supply chains and You will not have any right to claim against Sunnylife in respect of these occurrences.

Please get in contact with Our sunny customer service team at hello@sunnylife.com if you have any questions or queries.

Terms and Conditions effective as at 17 March 2022

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