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Terms & Conditions
This website is operated by Sunny South Limited ("Sunny South"). Throughout the site, the terms “we”, “us” and “our” refer to Sunny South. Sunny South offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing our products, you agree to be bound by the following terms and conditions (“Terms & Conditions" or "Terms"), as updated or amended from time to time. Your continued use of or access to the website following the posting of any updates or amendments constitutes acceptance of those changes.
These Terms & Conditions incorporate any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site and/or purchasers of our products, including without limitation browsers, vendors, customers, merchants, and/or contributors of content. Any new information, tools, products or services which are added to the
current site shall also be subject to these Terms & Conditions.
Please read these Terms and Conditions carefully.
ONLINE STORE TERMS
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your place of residence and you have given consent for any of your minor dependents to use this site.
You may not use our products or services for any illegal or unauthorised purpose or in breach of any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination services available for you.
We reserve the right to refuse to sell products or provide services to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion, use or access to our service or any contact on our website with out our written permission.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. With the exception of these Terms & Conditions, the material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor any changes to our site.
MODIFICATIONS AND PRICE CHANGES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue our products and services (or any part thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuation of any product or service.
PRODUCTS AND SERVICES
We have made every effort to display as accurately as possible the colours and images of our products on this website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in relation to our products and service will be corrected.
All product and delivery prices advertised site wide are quoted in NZD and are GST inclusive. We may revise prices from time to time. For any price changes relating to products under our subscription service, we will notify you by email associated with affected subscription no less than 14 days prior to this change taking place. You will not need to do anything to accept these changes and are welcome to adjust or cancel your subscription service as outlined within these Terms under the headline "SUBSCRIPTION" below.
We offer a simple subscription service. We deliver until you tell us not to and you can cancel your subscription at any time. There is no minimum term. All subscriptions require an account to be created within the site. All subscriptions can be cancelled, paused and amended through the customer account in this website. We will confirm your change or cancellation by email to the address associated with the subscription.
We deliver to selected areas within New Zealand.
PAYMENT AND ACCOUNT INFORMATION
Customers must provide a valid email address and payment method for all orders accepted online. We do not accept orders by phone.
Sunny South does not collect or store payment information. All payment information is collected and stored by the applicable third-party in order to be processed as required.
Our products and services are covered by the New Zealand Consumer Guarantees Act 1993 (the CGA). If you consider that any products sent to you are damaged, defective or fail to comply with any guarantees in the CGA, you can notify us at firstname.lastname@example.org providing evidence of the damaged or defective product. We will examine the evidence and notify you of the outcome via email within 14 days. If your refund is approved, we will process the refund within 14 days of our approval. You will be refunded through the same method of payment you used to purchase the products. We do not offer refunds if you have simply changed your mind. Please take care when specifying your delivery address as you will not be entitled to a refund if you enter an address incorrectly.
Certain content, products and services available via our website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials including images, whether online, by email, by postal mail, or otherwise (collectively, 'material'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any material. We are and shall be under no obligation (1) to maintain any material in confidence; (2) to pay compensation for any material; or (3) to respond to any material.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
You agree that your material will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your material will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any material you provide and its accuracy. We take no responsibility and assume no liability for any material posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in relation to our products or services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date displayed on our site or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the right to terminate your use of our products and services or any related website for violating any of the prohibited uses.
We will defend the intellectual property rights in connection with our products and our website, including copyright in our content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part. You may not use our name, logos, trademarks or any other content on any website of yours or that of any other person unless prior written permission is provided by us.
Subject to the other terms of this agreement, you may download or copy content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any content.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our products or services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of our products or services will be accurate or reliable.
You agree that from time to time we may remove our products and services for indefinite periods of time or cancel them at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. All products and services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sunny South, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any products procured using the service, or for any other claim related in any way to your use of any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. This limitation of liability applies to the maximum extent permitted by law in any relevant jurisdiction.
You agree to indemnify, defend and hold harmless Sunny South and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of any breach of these Terms and Conditions or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our products or services and/or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we may terminate our relationship at any time and/or deny you access to our products and services (or any part thereof) without notice. You will remain liable for all amounts due up to and including the date of termination.