Terms of use

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Terms of use2020-11-16T17:26:23+00:00

This page tells you the legal terms and conditions (“Terms”) on which we sell any items on the Sites (“Items”) to you. Please note these Terms only apply to the purchase of Items and services on the Sites. Purchase of Sunways Items and Services from any other source (including without limitations our Stores or third party stores and websites selling our items) (“Other Sources”), will be governed by the terms and conditions applicable at the relevant source. Please note that promotions and offers available for purchases on the Sites may not be available for purchases through the Stores and Other Sources and vice versa.

Please read these Terms carefully and make sure that you understand them before ordering any Items from the Sites. Please note that before placing an order you will be asked to agree to these Terms. By placing an order on the Sites or purchasing Items from the Stores you confirm your acceptance of these Terms.

We amend these Terms from time to time. Every time you wish to order Items, please check these Terms to ensure you understand the terms which will apply at that time.

We reserve the right to amend these Terms from time to time.

how the contract is formed between you and us on site (Important)

Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order.

Please take the time to check the details of your order at each page of the order process and before clicking “Place order”, as you will not be able to make any changes to your order after this point.

After you place an order by clicking “Place order”, you will receive an e-mail from us acknowledging that we have received your order and in the case of an order for the Delivery Service, confirmation of your order for that service. We then send you an email with payment ad delivery details.

Please note that items are subject to availability. As there is a delay between the time when the order is placed and the time when the order is processed, the stock position relating to particular items may change. If an Item becomes out of stock we will notify you as soon as possible and you will be refunded where we have already taken payment.

We reserve the right to refuse an order for example if the Item you have ordered is unavailable or out of stock, if we are unable to obtain authorisation of payment, if there is an error in the product information including price or promotion or if we suspect fraudulent activity.

If we are unable to supply you with an Item in these circumstances we will inform you of this by e-mail. If you have already paid for the Items, we will refund you the full amount including any delivery costs charged as soon as possible.

items on the sites

The images of the Items on the Sites 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 Items. Your Items may vary slightly from those images.

We take all reasonable care to ensure that all details, descriptions and prices of Items are as accurate as possible. We reserve the right to refuse orders where information about Items has been mis-published, including without limitation prices and promotions.

All our Items are sold on the basis that they are suitable for domestic use only. Please contact us for further information if you intend using any Items in a business or public environment.

We take all reasonable care to ensure that the prices of Items are correct at the time when the relevant information is entered onto the Sites.

Prices for Items may change from time to time without notice. However, these changes will not affect orders that have already been despatched.

The price of an item exclude VAT, VAT will be included in your payment details that we send by email after you submit an order accordingly to EU VAT regulations.

Please note that the prices listed on the Sites are only applicable for items purchased on the Sites and not through any other source.

The price of an Item does not include delivery and returns charges. You will be provided with details via email after you place order.  You can get information about charges for returning if you choose to use one of our returns methods on our Returns Information page.

Please note that whilst we take utmost care in ensuring the content on the Sites (including descriptions of the Items and associated services such as shipping, payment terms, offers and promotions and delivery timescales) are accurate the Sites may at times 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. Where this affects an order that you have already placed we will notify you of the error if it will impact upon your order. In this regard, we reserve the right not to fulfil any orders that you have placed based on information on the Sites that may contain errors or inaccuracies.

payment

You can pay for Items (including the Delivery Service and VAT) via BACS. More commonly known as direct bank/wire transfer.  Pay currency is Euro.
After placing your order,In 24 hours our customer service will send you payment instructions, includind delivery and VAT, that you can use to make the payment. As soon as we receive the payment your order will be sent. Please use your Order ID as the payment reference. Your order will not be shipped until the funds have cleared in our account.

All Items ordered remain our property until we receive full payment from you.

delivery on orders placed on sites

You will be given 2 options for delivery of Items during the order process. The options available to you will vary depending on where you are ordering from.

Delivery charges will be applied in addition to the prices for the Items you are purchasing. The amount of the delivery charge will depend on delivery option you have chosen.

Please note that in addition to the Items and delivery charges we apply to your order, you may also be required by your country of residence to pay import duties and taxes. Please contact your local customs office for further information so that you are sure about the applicable duties and taxes before you place your order. We are not responsible for payment of such duties and taxes. In the event that you fail to pay such duties and taxes or you fail to collect your order, and the order is then returned to us, we will require you to pay any costs that we have incurred as a consequence.

You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your order is going to but also the name of the recipient. We cannot be liable for delivery of your order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.

We will make every effort to deliver your order within estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control for example, material shortages, travel or transportation disruption, import delays, software or technical failures or higher than anticipated demand. Please note delivery of your order may take longer during sale or other busy periods.

We are unable to deliver on public and bank holidays, Christmas Day, Boxing Day or New Year’s Day. On these dates, delivery will take longer than usual. Please allow an extra working day (i.e. Monday-Friday, excluding Saturdays, Sundays and public holidays) for each of these days when calculating the estimated delivery date and when choosing your delivery option.

Local pickup

If you select “local pickup” as your delivery option when you order on Site you may collect your Items in the Store. You must bring your order details and proof of identity.

returns and refunds

If you change your mind about any items purchased you can return them to us within 14 days of the order being delivered to you, provided:

That the products are in original packaging, without physical damage).

(“Rejected Items”)

We will refund the price that you paid for the Rejected Items taking into account any discounts or promotions applied when you purchased the items (“Refund”). Your Refund will be processed once you have provided the Rejected Items to one of Sunways carriers. The Refund will not include any delivery charges you have paid. All refunds will be made using the same method of payment you used to purchase the Items. Please note for your Refund to be valid, you have an obligation to return the Rejected Items to Sunways. In the event that Sunways issues a Refund but does not receive all of the Rejected Items, the Customer shall reimburse Sunways an amount proportionate to the Rejected Items not received.

You can cancel your subscription to the Delivery Service at any time within 14 days of your placing of the order for the Delivery Service and receive a full refund of the subscription fee paid for the Delivery Service (“Delivery Service Cancellation Period”) provided you have not used the Delivery Service in the Delivery Service Cancellation Period. If you use the Services within the Delivery Service Cancellation Period, you will not be entitled to cancel the order and receive a full or partial refund. Please note that when you sign up to the Delivery Service you agree to the immediate commencement of the service and not expect a period of delay before commencement. If you therefore use the service, you will lose your right to cancel and to receive a refund. To cancel you will need to contact Customer Care at info@sunways-tech.eu.

The above does not affect your statutory rights.

Please note that this policy only applies to items you have purchased on the Sites. For Items purchased from other sources, you will need to check the returns policies of the applicable source.

cancelling your contract

If you are a European Union customer you also have the right to cancel your contract with us and return your Items by post within 14 calendar days from the day after the date you received your order. This right does not apply to Items that cannot be returned like physicaly damaged products etc. You can cancel your subscription for the Delivery Service within 14 days of your placement of the order for that service, as stated under the “Refunds and Returns” section above. To cancel your order you must inform us of your wish to cancel  by writing to our Customer Care Team at info@sunways-tech.eu or by post to Customer Care, Sunways d.o.o. Vukomerička ulica 4, 10410 Velika Gorica, Croatia, EU.

You must take reasonable care of the items. Whilst you may inspect the Items when they are in your possession you must not use them.

You will be responsible for returning the items to us including the the cost of returning the items using a courier or other postal method.

You should return the Items in their original packaging wherever possible, as soon as possible after informing us of your wish to cancel. We will not be responsible for any loss or damage to Items that occur before they are returned to us including where they are lost or damaged in transit.

Save in respect of the Delivery Service, if you cancel your contract you will be refunded the price you paid for the Items within your order and a proportion of the delivery charges you paid up to the cheapest and most common method of delivery available to you at the time. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Items, if this has been caused by your handling, including any loss or damage that occurs during transit. In respect of the Delivery Service, you will only receive a refund if you have not used the Delivery Service within the Delivery Service Cancellation Period. The refund will be made to the original method of payment you used, within 14 calendar days of our receipt of the cancelled Items if earlier, within 14 days from the day we receive proof of return from you.

Please note if you do not wish to cancel your entire contract and just want to return some of the Items in your order you can return them in accordance with our standard returns policy.

The above does not affect your statutory rights.

general

Your use of the Sites is governed by our Terms of Use. Amongst other matters, this details how you may use our name, logos and content on the Sites. Please take the time to read this carefully so that you are clear about how you may use the Sites. By using the Sites you are confirming acceptance of the terms of our Terms of Use.

When you use the Sites we will use your personal information in accordance with our Privacy Policy . Please take the time to read this carefully as it sets out how we will use information about you and how your information may be shared with third parties. By placing an order on and/or using the Sites you are confirming acceptance of the terms of the Privacy Policy.

The Sites use cookies. Please review our Cookies Policy to see how we collect and use information collected by cookies on our Sites. By using the Sites you are confirming acceptance of the terms of our Cookies Policy.

If you are a consumer, you may only purchase Items from the Sites if you are at least 16 years old. Otherwise you a parent or guardian must purchase Items from the Sites for you.

You agree not to use any Items and/or the Services purchased for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We only supply the Items and Services for domestic and private use. If you are not a consumer you must obtain our prior written consent to purchase Items from the Sites and Stores. Nothing in these Terms excludes our liability for death or personal injury caused by negligence, for fraud or any other liability that cannot excluded or limited by law.

These Terms and any document expressly referred to in them, our Privacy Policy, Cookies Policy and Terms of Use constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.

You acknowledge that in placing an order and entering into a contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them including without limitation our Privacy Policy, Cookies Policy or Terms of Use. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on these terms.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by any act or event beyond our reasonable control.

We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

When you purchase Items and/or Services from us, the contract formed 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.

Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

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.

These Terms are governed by Croatian law. This means your use of the Sites and any contract for the purchase of Items through the Sites; and any dispute or claim arising out of or in connection with the same will be governed by Croatian law. You and we both agree to that the courts of Croatia will have non-exclusive jurisdiction to settle any disputes arising out if these Terms or your use of the Sites.

If you have any questions about our Terms or Sites and Stores please contact our Customer Care Team at info@sunways-tech.eu.

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