Terms and Conditions

ONLINE STANDARD TERMS & CONDITIONS OF SALE

INTRODUCTION
1. These Online Terms and Conditions (T&Cs), which include any Policies on Sun Things CC’s website, apply to the ordering, sale and delivery of Products, access to the information and use of this Website by Customers.
2. By using this Website, the Customer is bound by and agree to these T&Cs, which we may change without notice from time to time. If the Customer does not agree to any of the T&Cs the Customer should not continue to use the Website.
3. When placing an online order, a user profile will be created which will serve as consent to and acceptance of these T&Cs and Privacy Policy.
4. Use of our website confirms your understanding and acceptance of these T&Cs, and the Customer will be bound by these T&Cs and Privacy Policy during all transactions relating to the purchase of Products from our website.
DEFINITIONS
1. "Customer" means the party who purchases the Products from Sun Things CC or who registers with a user profile on the website.
2. “CPA" means the Consumer Protection Act, 68 of 2008.
3. "Contract" means any contract or agreement arising out of the acceptance of any offer, whether that contract arises out of an offer made by Sun Things CC and accepted by the Customer, or an offer made by the Customer and accepted by Sun Things CC, and includes the terms and conditions of any agreement between the parties regarding installation, if applicable.
4. "Products" means the products sold to the Customer by Sun Things CC which form the subject matter of the Contract.
USE OF THE WEBSITE
1. The following activities on or through the Website are expressly prohibited:
  1. any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or the content contained thereon; and
  2. the collection or use of any listings, descriptions, and/or price lists from the Website for the benefit of a competing merchant that supplies products comparable to those offered on the Website; and
  3. any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Website, or otherwise interferes with the proper and timely functioning of the Website;
  4. any attempt to gain unauthorised access to the Website or its related systems or networks;
  5. accessing the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose; and
  6. the reverse engineering or decompiling of the Website.
2. When a Customer registers on the Website, they will be required to provide certain access details, including a username and a password. Customers are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Website and accept full liability for all activities that occur on or involves the Website under a Customers User Name. Customers may not:
  1. allow other people to use their User Name and Password; or
  2. impersonate another User or any third party; or
  3. provide false information to gain access to the Website.
3. Customers warrant their identity (in other words, that they are who they say they are).
4. Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Customers should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website, especially if certain information appears to be inaccurate, particularly product pricing and promotional content.
PURCHASES AND STOCK AVAILABILITY
1. Prices displayed on the website are subject to change without notice. Prices will include tax, where this is required by specific country legislation.
2. Orders placed may be declined or cancelled in the event of Products being out of stock, damaged Products, incorrect Product information, incorrectly displayed prices, and due to payment for Products not being received or payments not being authorized by Sun Things CC.
DELIVERY AND RETURNS
1. Please refer to our online Delivery and Returns Policy, which are incorporated into these T&Cs by reference.
2. Unless otherwise quoted or agreed in writing, Sun Things CC is not responsible for delivering the Products and the Customer is responsible for all costs related to the delivery of the Product.
3. The Customer acknowledges that delivery dates given in advance are estimated and will be made subject to prior orders on file with Sun Things CC. Sun Things CC will use its best endeavours to ensure that delivery is completed as soon as is reasonably possible after the estimated delivery date. Notwithstanding the aforegoing, Sun Things CC shall not be liable for failure to perform or delay in performance hereunder resulting from any cause beyond Sun Things CC’s control, fire, labour difficulties, transportation difficulties, interruptions in power supply (including but not limited to what may be termed "load shedding" or "black-outs") and delays in usual sources of supply, major changes in economic conditions, breakdown of machinery or any cause beyond Sun Things CC’s control, or whether caused by negligence or otherwise.
4. The Customer shall immediately upon receipt of the Products from Sun Things CC be allowed to inspect the Products and the Customer must inform Sun Things CC of any damages or errors by way of written notice on the delivery document.
5. If the Customer, due to some fault of their own, cannot accept or should it request Sun Things CC in writing to suspend or delay delivery of the Products, Sun Things CC reserves the right to claim any additional costs involved from the Customer.
RETURNS
1. No products will be supplied to a Customer on “Appro”.
2. Due to the nature of the products (“for public health reasons”) no returns of products will be accepted by Sun Things CC unless damaged as per clause 5.4.
CANCELLATIONS AND REFUNDS
1. The Customer may cancel a Contract prior to a shipping notification being sent. Should a Contract be cancelled after a shipping notification has been sent a shipping fee will be deducted from the refund.
LIMITATIONS
1. In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that the Customer shall have no claim against Sun Things CC for any loss or damage, of any nature, occasioned by any defect in any Products supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Products, save to the extent that the Consumer is a Consumer for the purposes of the CPA and such loss or damage is contemplated in section 61 of the CPA, and provided that nothing in these terms and conditions may be construed as in any way limiting the rights of Sun Things CC to raise such defences as may be available to it at common law or in terms of any statute.
2. In the event that Sun Things CC provides advice regarding the application of the Products at the request of the Customer, the liability of Sun Things CC in respect of the non-suitability of the Products for the purpose for which they are used will be limited to the selling price of those Products.
3. The Customer hereby indemnifies and holds Sun Things CC harmless against any losses, expenses, costs or damages of whatsoever nature incurred by the Customer arising from any wilful misconduct or gross negligence of Sun Things CC.
PRIVACY AND COOKIE POLICY

The Privacy and Cookie Policy forms part of the Customer Contract. Personal information collected from the Customer will be in accordance with this Privacy and Cookie Policy.
Personal information when used in this Policy means information that can identify a Customer as an individual or is capable of identifying a Customer.
Use of Sun Things CC’s Website signifies consent to Sun Things CC collecting and using personal information of the Customer as specified below.
Information of Customers is collected as follows:
1. Personal information when communicating with Sun Things CC or registering an online user profile.
2. The Customer may order a Product and provide a name, e-mail address, delivery address, credit or debit card number and expiry date so that the order can be processed and the Product delivered to the Customer. Sometimes, the Customer may be asked for a telephone number.
Details of credit or debit cards or bank accounts will be used by Sun Things CC only for the specific purpose for which it was provided to Sun Things CC.
How information is used:
1. To confirm that orders have been received; to validate the Customer; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact the Customer.
2. To contact the Customer by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our Website, services or changes to our Terms and Conditions, and to communicate with the Customer about benefits and advise the Customer regarding our services.
3. To contact the Customer by email, post or phone about promotions.
4. Third parties may use the personal information collected about the Customer to contact the Customer about information that the Customer might find interesting regarding our Products.
Disclosing information to third parties:
1. Sun Things CC reserves the right to access and disclose personal information to comply with applicable laws, regulations and lawful government requests, to operate its systems properly to protect itself or its users or to solve any customer disputes.
Sun Things CC may provide aggregate statistics about sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify the Customer.
Some of our services may be provided by other service providers, and our services will then be offered through third party service providers on our Website. Customer personal information will be shared with these companies. These companies can and will process this information and will be obliged to keep such information confidential.
Cookies:
1. Cookies are allocated during the registration process. These cookies will hold information collected during registration and will allow Sun Things CC to recognise the Customer as a customer and provide the Customer with the services the Customer require.
2. Cookies are used to collect information concerning visitors to the Website.
3. A Customer can refuse or opt out of cookies by altering the settings on the browser used by the Customer.
Privacy preferences can be altered by contacting Sun Things CC to stop processing information for marketing purposes.

INTELLECTUAL PROPERTY
1. All content included on this Website is the property of Sun Things CC and is protected by South African and international copyright laws.

BREACH
1. Should the Customer breach any of these T&Cs, Sun Things CC reserves the right to cancel any Order and/or a Customer’s website registration, notwithstanding the right to exercise other legal remedies available to Sun Things CC.

APPLICABLE LAW

These Terms are governed by the laws of the Republic of South Africa.