Terms of Sale
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN SOME CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM SUNNYBOD™, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM SUNNYBOD™ IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SUNNYBOD™, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, OR ANY OF SUNNYBOD™’S GOODS OR SERVICES, BY APPLICABLE LAW.
These terms and conditions (these “Terms“) apply to the purchase and sale of products and services from SUNNYBOD™ ("SUNNYBOD™ ”, “us”, “we”, “our”) or any of its related bodies corporate, whether through our websites, including http://www.sunnybod.com (the “Sites“) or otherwise. These Terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Sites. You should review these Terms prior to purchasing any product or services that are available from us. Your purchase of products or services from us after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Sites. You should also carefully review our Privacy Policy before placing an order for products or services from us (see 10).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on the Sites or otherwise notified to you are posted and charged in USD and are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.
(b) Posted prices are inclusive of all sales taxes, goods and services taxes, and value added taxes but do not include charges for shipping and handling. All such charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(c) We may offer from time to time promotions in respect of our products and services (including on the Site) that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(d) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any (v) you will promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password), (vi) you authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires and to charge any renewal card issues to you to the same extent as the expired card, (vii) that you will pay all costs of collection, including attorney’s fees and costs, on any outstanding balance, (viii) that you will pay any foreign transaction fee or related charge imposed by your credit card issuer.
4. Shipments, Delivery, Title and Risk of Loss.
(a) For orders of physical goods, we will arrange for shipment of the products to you in accordance with the terms agreed at the time of purchase. You will pay all shipping, handling and any additional charges related to your order or specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Refunds & Cancellation.
(a) Physical goods. We will not issue refunds for physical goods that have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken. All products must be returned in their original condition. All postage and insurance costs are to be paid by the buyer. We recommend that you return the physical product via registered post and that you prepay all postage. You assume any risk of lost, stolen or damaged goods during transit, and therefore advise you take out shipment registration of insurance with your postal carrier. SUNNYBOD™ will not be responsible for parcels lost or damaged in transit if you choose not to insure.
(b) Cancellation of Subscription. A Subscriber of a SUNNYBOD™ membership or subscription product may cancel their Subscription Services at any time. A written request for termination of services must be emailed to hello@sunnybod.com prior to the billing due date. The Subscriber will be liable for payment of all services rendered during the subscription period. The Subscriber’s annual, bi-annual, quarterly or monthly subscription fee will not be refunded.
6. Cancellation/Refund Policy
See SunnyBod Refund Policy for our cancellation and refund policies.
7. Warranty and Disclaimers.
TO THE MAXIMUM EXTENT POSSIBLE AT LAW ALL PRODUCTS AND SERVICES OFFERED BY SUNNYBOD™ (INCLUDING VIA THE SITES) ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. IN AUSTRALIA OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS OF SALE PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
8. Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
SUBJECT TO THE FOLLOWING PARAGRAPH, OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED FROM US.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY IN CONNECTION WITH ANY BREACH OF ANY STATUTORY CONDITION, WARRANTY, OR GUARANTEE UNDER THE AUSTRALIAN CONSUMER LAW THAT CANNOT BE EXCLUDED IS LIMITED TO (AT OUR ELECTION) THE PROVISION OF THE RELEVANT GOODS OR SERVICES AGAIN OR PAYMENT OF THE COST OF THE PROVISION OF THE RELEVANT GOODS OR SERVICES AGAIN.
9. Goods Not for Resale or Export.
You represent and warrant that you are buying products or services from us for your own personal or household use only, and not for resale or export.
10. Privacy.
We respect your privacy and are committed to protecting it. Our Privacy Policy, SUNNYBOD™ Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services from us.]
11. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of New South Wales, Australia without giving effect to any choice or conflict of law provision or rule (whether of New South Wales, Australia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of New South Wales, Australia.
13. Dispute Resolution.
If you have any queries or concerns about any purchase under these Terms of Sale please contact us at hello@sunnybod.com and we will try to resolve the matter to your satisfaction. Where any complaint or dispute is not able to be resolved via informal processes, you agree to the following:
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the courts of New South Wales, Australia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Sale in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At our sole discretion, we may require You to submit to final and binding arbitration in respect of any disputes or claims arising from or in connection with these Terms of Sale, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination. Such arbitration will be conducted in New South Wales, Australia under the ACICA Rules of the Australian Centre for International Commercial Arbitration.
Where we exercise our right to arbitrate You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR SUNNYBOD™ WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
14. Assignment.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of SUNNYBOD™ .
16. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
17. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Sites. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to SunnyBod, PO Box 43327, Casurina, Northern Territory, 0811, or (ii) by email to hello@sunnybod.com. We may update the address or email address for notices to us by posting a notice on the Sites. Notices provided by personal delivery will be effective immediately. Notices provided by email will be effective one business day after they are received. Notices provided by registered or certified mail will be effective one business days after they are recieved.
18. Severability.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
19. Entire Agreement.
These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Effective: 13th of August 2023
