General terms and conditions based on model terms of Stichting WebwinkelKeur.

Table of Contents

• Article 1 – Definitions
• Article 2 – Identity of the entrepreneur
• Article 3 – Applicability
• Article 4 – The offer
• Article 5 – The agreement
• Article 6 – Right of withdrawal
• Article 7 – Costs in case of withdrawal
• Article 8 – Exclusion of right of withdrawal
• Article 9 – The price
• Article 10 – Conformity and warranty
• Article 11 – Delivery and execution
• Article 12 – Duration transactions: duration, termination, and extension
• Article 13 – Payment
• Article 14 – Complaints procedure
• Article 15 – Disputes
• Article 16 – Additional or varying provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period: the period within which the consumer can make use of their right of withdrawal; Read all about cooling-off period.
• Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
• Day: calendar day;
• Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
• Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unchanged reproduction of the stored information.
• Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
• Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill in when they want to exercise their right of withdrawal.
• Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
• Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
• Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same space at the same time.
• General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

ELECTRONICAL COMMERCE BRANDS LIMITED
Unit 2A, 17/F Glenealy Tower
No.1 Glenealy Central
Hong Kong

 

Email-Address: info@sunnery.com

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.
5. If one or more provisions of these general terms and conditions at any time are wholly or partially invalid or annulled, the agreement and these conditions will otherwise remain in force, and the relevant provision will be replaced without delay by a provision that approximates the intent of the original provision as closely as possible.
6. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our conditions must be explained 'in the spirit' of these general terms and conditions.

Article 4 – The offer

1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
7. Payment methods: We accept all major credit cards, PayPal, and bank transfers as valid payment methods. We also offer Klarna.
8. Delivery methods: Products will be shipped using DPD Home for FedEx for deliveries.

• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the amount of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic tariff for the used communication means;
• whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer;
• the manner in which the consumer, before concluding the agreement, can check and, if necessary, restore the data provided by them in the context of the agreement;
• any other languages in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has subjected themselves and the manner in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the event of an extended transaction.

Article 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can, within legal frameworks, inform themselves as to whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
   • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
   • the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • the information about guarantees and existing service after purchase;
   • the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

 

30 days right to return: Customers have the right to return a product within 30 days after receiving it, in accordance with Sunnerey's policy.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine if they wish to keep the product.

 

For delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 30 days. This reflection period starts on the day after receipt of the product by the consumer or a pre-designated representative announced to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine if they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days, after receiving the product. The consumer must make this known using the model form or by another communication method such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example through proof of shipment.
4. If the customer has not made known after the expiry of the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or the product has not been returned to the entrepreneur, the purchase is a fact.

For delivery of services:

1. In the case of the delivery of services, the consumer has the option to dissolve the agreement without giving any reason for at least 30 days, starting on the day of entering into the agreement.
2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, at most the costs of return shipping will be at their expense.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 7 days after withdrawal. This is subject to the condition that the product has already been returned or conclusive proof of complete return can be provided. The refund will be made using the same payment method initially used by the consumer unless the consumer explicitly agrees to another payment method.
3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
4. The consumer cannot be held liable for a reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has stated this clearly in the offer, or at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • that have been created by the entrepreneur in accordance with the consumer's specifications;
   • that are clearly personal in nature;
   • that cannot be returned due to their nature;
   • that spoil or age quickly;
   • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   • for individual newspapers and magazines;
   • for audio and video recordings and computer software of which the consumer has broken the seal;
   • for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   • concerning accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a specific period;
   • the delivery of which has begun with the consumer's explicit consent before the cooling-off period has expired;
   • concerning betting and lotteries.

Article 9 – The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur can offer products or services with variable prices whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This binding to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   • they are the result of statutory regulations or provisions; or
   • the consumer has the authority to terminate the agreement with effect from the day the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and warranty

1. The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period which is 3 years on all our products. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
   • the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
   • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
   • the defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
6. Warranty: A minimum warranty period of 3 years is applicable to all products sold by the entrepreneur. This warranty period begins on the day of product receipt.

Article 11 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of the provisions in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be informed of this at the latest 30 days after they have placed the order. In such cases, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement item available. At the latest, upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur unless expressly agreed otherwise.
8. Products will shipped from different warehouses across the globe and will always be shipped including a tracking number.
9. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or their representative.

Article 12 – Duration transactions: duration, termination, and extension

Termination

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period, with due observance of the agreed termination rules and a notice period of no more than one month.
3. The consumer can cancel the agreements mentioned in the previous paragraphs:
   • at any time and not be limited to termination at a specific time or during a certain period;
   • at least terminate them in the same way as they were entered into by the consumer;
   • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
2. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration to introduce regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after a year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In case of default by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.
4. Payments can be made via major credit cards, PayPal, and bank transfers.
5. Refund process: Once a return is confirmed, the refund will be processed using the same payment method originally used by the customer. The refund will be completed within 1–3 business days after confirmation, and returns will be handled within 3 days of receipt of the returned product.

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement.
5. In case of complaints, a consumer should first turn to the entrepreneur before taking further actions.
6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer lives abroad.

Article 16 – Additional or varying provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 17 – Returns

30 days right to return: Customers have the right to return products within 30 days after receiving them. If you decide to return your product, you will be credited with the full order amount, including shipping costs. After you initiated your return, you have 14 days to ship the product to us.

You may return the product via any transport company. The return shipping costs are borne by the customer.

Refunds will be processed within 7 days after receiving the product, provided that the product has been returned in good condition.

 

You have the right to cancel your order up to 30 days after receipt without giving any reason. After applying for a return, you have another 14 days to return your product. You will then be credited with the full order amount including shipping costs. Only the costs for returning from your home to the web store are at your own expense, you can return it to us with any transport company. Items can also be returned with your own transport, please notify us in advance and use the withdrawal form. When you exercise your right of withdrawal, the product must be returned to the entrepreneur with all supplied accessories and – if reasonably possible – in its original condition and packaging. To exercise this right, you can contact us via Info@sunnerey.com. We will then refund the due order amount within 7 days after registering your return, provided the product has already been returned in good condition.

Please register your return via email to info@sunnerey.com by sending the return form. Also, please send the T&T code of the return shipment, and place the return form in the box of the return shipment. This is necessary to properly receive the return shipment and to quickly process the refund.

 

Exceptions for returns

Please note:

Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the entrepreneur in accordance with the specifications of the consumer; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. Articles specially produced for you, such as non-standard tap holes or modifications; e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.