Delivery

You acknowledge that the Purchase Services offered by Sunshine at Home integrate delivery (Delivery Services) through the use of third party delivery companies (DeliveryService Providers)

• • In providing the Purchase Services, Sunshine at Home may provide you with a variety ofdelivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Sunshine at Home is not the provider of these delivery and insurance options and merely facilitates your interaction with theDelivery Service Providers in respect to providing the Delivery Services.

• • In the event that an item is lost or damaged in the course of the Delivery Services, Sunshine at Home asks that you:
    • • contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
     
    • • contact us by sending an email to hello@sunshineathome.com.au outlining in what way the Products were damaged in transit so we are able to determine if theDelivery Service Provider should be removed from the Purchase Services. 

Warranty

• • Sunshine at Home’s Products come with guarantees that cannot be excluded under theAustralian Consumer Law. You are entitled to a replacement or refund for a major failure ofthe Product and compensation for any other reasonably foreseeable loss or damage. Youare also entitled to have the Products repaired or replaced if the Products fail to be ofacceptable quality and the failure does not amount to a major failure (Warranty).

• • You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Products within 2 months from the date of purchase(Warranty Period).

• • In order to make a Warranty Claim during the Warranty Period, you must provide proof ofpurchase to Sunshine at Home showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice toSunshine at Home by email at hello@sunshineathome.com.au.

• • Where the Warranty Claim is accepted then Sunshine at Home will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts orlabour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

• • The Warranty shall be the sole and exclusive warranty granted by Sunshine at Home and shall be the sole and exclusive remedy available to you in addition to other rights andunder a law in relation to the Products to which this warranty relates.

• • All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

• • The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

 

Privacy

We are committed to the security of personal data. We take appropriate security measures to limit abuse of and unauthorized access to personal data. This ensures that only the necessary persons have access to your data, that access to the data is protected, and that our security measures are regularly reviewed.

The security measures we use consist of, but are not limited to:

• Vulnerability Detection

• HTTP Strict Transport Security and related security headers

• TLS / SSL

• Recommended site hardening features

 

General Disclaimer

• You acknowledge that Sunshine at Home does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
• Sunshine at Home will make every effort to ensure a Product is accurately depicted on theWebsite, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.   
• Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
• Subject to this clause, and to the extent permitted by law:
• all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

Limitation of Liability

• • Sunshine at Home’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), inequity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Sunshine at Home is the resupply of information or Purchase Services to you.

• • You expressly understand and agree that Sunshine at Home, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

• • Sunshine at Home is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with thePurchase Services, whether posted or caused by users of the website of Sunshine atHome, by third parties or by any of the Purchase Services offered by Sunshine at Home.
• • You acknowledge that Sunshine at Home does not provide the Delivery Services to you and you agree that Sunshine at Home will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

Termination of Contract

• • The Terms will continue to apply until terminated by either you or by Sunshine at Home asset out below.
  • If you want to terminate the Terms, you may do so by:
    • • notifying Sunshine at Home at any time; and
    • • closing your accounts for all of the Purchase Services which you use, whereSunshine at Home has made this option available to you.
  • Your notice should be sent, in writing, to Sunshine at Home via the ‘Contact Us’ link on our homepage.
  • Sunshine at Home may at any time, terminate the Terms with you if:
    • • you have breached any provision of the Terms or intend to breach any provision;
    • • Sunshine at Home is required to do so by law;
    • • the partner with whom Sunshine at Home offered the Purchase Services to you has terminated its relationship with Sunshine at Home or ceased to offer the Purchase Services to you;
    • • Sunshine at Home is transitioning to no longer providing the Purchase Services toUsers in the country in which you are resident or from which you use the service; or
    • • the provision of the Purchase Services to you by Sunshine at Home is, in the opinion of Sunshine at Home, no longer commercially viable.
      • Subject to local applicable laws, Sunshine at Home reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Sunshine at Home’s name or reputation or violates the rights of those of another party.
      • When the Terms come to an end, all of the legal rights, obligations and liabilities that youand Sunshine at Home have benefited from, been subject to (or which have accrued overtime whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 Indemnity

• • You agree to indemnify Sunshine at Home, its affiliates, employees, agents, contributors,third party content providers and licensors from and against:
  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and
  • damage(including legal fees on a full indemnity basis) incurred, suffered or arising out of orin connection with any Content you post through the Website;
•  
• Any direct or indirect consequences of you accessing, using or transacting on theWebsite or attempts to do so and any breach by you or your agents of these Terms; and/or
• any breach of the Terms.

Dispute Resolution

• • 14.1 Compulsory If a dispute arises out of or relates to the Terms, either party may not commence anyTribunal or Court proceedings in relation to the dispute, unless the following clauses havebeen complied with (except where urgent interlocutory relief is sought)

• • 14.2 Notice A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must givewritten notice to the other party detailing the nature of the dispute, the desired outcomeand the action required to settle the Dispute.

• • 14.3 Resolution On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)must:
    •  
    • • Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    • • If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the____________________ or his or her nominee;
    • • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    • • The mediation will be held in ____________________, Australia

• • 14.4 Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence

• • 14.5 Termination of Mediation If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute hasnot been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

• • 15 Venue and Jurisdiction The Purchase Services offered by Sunshine at Home are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

• • 16 Governing Law The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

• • 17 Severance If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.