Terms and Conditions
Application and Acceptance of the Terms and Conditions
Welcome to Sunny Bunny Solar Power Store www.sunnybunny.com.au. These Terms and Conditions describe the terms of use applicable to access and use of the website at www.sunnybunny.com.au referred to «the Website». This document is a legally binding agreement between Customer as the user(s) of the Website (referred to as «Customer», «User», «you», «your» hereinafter) and the Sunny Bunny entity (referred to as «the Website», «Sunny Bunny», «Sunny Bunny Solar», «we», «our» hereinafter).
GENERAL INFORMATION
These Terms and Conditions apply to the use of this Website and the ordering, purchase, fulfilment and delivery of Products from www.sunnybunny.com.au
Please read the following Terms and Conditions carefully before placing the Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions, then please email to Sunny Bunny team at [email protected], and we will be happy to help you.
TERMS OF USE
Sunny Bunny Solar Power Store owns and operates website www.sunnybunny.com.au. By accessing or using this Website and associated software, networks and processes, including the purchase of Products or Services through the Website Customers accept and confirm that they have read, understood and agreed to be bound by these Terms and Conditions.
By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Sunny Bunny and Customer for the supply of Products.
In case you DO NOT AGREE to the Terms and Conditions, please DO NOT USE the Website.
Customers may not use the services and may not accept the Terms if:
- Customer(s) is not of legal age to form a binding contract with Sunny Bunny;
- Customer(s) are not permitted to receive any services under Australia’s Law or other countries, regions including the country, the region in which Customers are resident or from which the Customer uses the services.
INTELLECTUAL PROPERTY
Sunny Bunny owns the Website and unless otherwise indicated, owns or is legally able to use all content and material on the Website. All the material on this Website is Intellectual Property and protected by copyright under Australian’s laws and may not be used, reproduce, display, adapt, modify, perform or distribute without written permission by Sunny Bunny. No trademark (whether registered or not) that shown on the Website may be used in any way without the prior written permission of Sunny Bunny.
WEBSITE TERMS OF USE
The Website may contain information from or links to other websites operated by third parties. All those links are provided by Sunny Bunny for convenience only. Sunny Bunny is not responsible for the content or privacy practices associated with linked websites.
All customers must take their precautions to ensure that the process for accessing or using the Website does not expose to risk of viruses, malicious computer code or other forms of interference which may damage customer’s computer system. Sunny Bunny is not responsible for any such damage that may arise in the case of using the Website.
LIMITED LIABILITIES
Sunny Bunny provides the Website and its contents on an «as is» basis and makes no representation as to the accuracy, completeness, currency or reliability of the information on the Website. Sunny Bunny will not be liable in contract, tort (including negligence) or otherwise to Customer for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with the Website.
Note, that to the extent permitted by law, Sunny Bunny will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Sunny Bunny’s maximum aggregate liability for any product supplied to Customers whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount paid by Customer to Sunny Bunny in respect of the purchased product(s).
For the avoidance of doubt, nothing in this clause limits or restricts Customers’ ability to make a claim that may be available to Customers for SunyBunny failure to comply with a guarantee under the Australian Consumer Law.
PRIVACY TERMS
Sunny Bunny is committed to protecting the Privacy of Customers. Note, that by placing the Order or otherwise using the Website Customers agree that Sunny Bunny may store, process and use data collected from Customers to process Customers’ Order. Sunny Bunny collects and processes Customers information in appliance with Privacy Policy.
GOVERNING LAW WEBSITE TERMS
Sunny Bunny operates this Website from the offices within Australia. The laws of the State of New South Wales (NSW) govern these Terms and Conditions and the Purchase Terms below, and Customers agree to submit to the non-exclusive jurisdiction of the courts of New South Wales (NSW). Customers agree to be responsible for compliance with applicable local laws if they access this Website outside of Australia.
CUSTOMERS APPLICATION
Customers must complete the Customer Application process before placing any orders. Customers also guaranty that all information and data provided by them is accurate, complete and up to date.
Customers are liable for prompt notification of Sunny Bunny if there is any change to this information or data.
Customers must also take reasonable steps to secure their username and password to access their account at the Website. Otherwise, customers who breach this term are liable if an unauthorized person accesses the Website under their username and password.
PRODUCT AVAILABILITY
Sunny Bunny uses its best endeavours to ensure the product(s) ordered are available for delivery, and in most cases will notify Customers where a product is unavailable before completing the order. However, in some instances, this is not possible, and Sunny Bunny may need to reject an order placed for a product where Sunny Bunny establishes that it is unavailable for delivery. In such cases, Sunny Bunny will refund in full in respect of such unavailable product. Sunny Bunny permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.
PRICING TERMS
Prices displayed on the Website are subject to change at any time without notification until Customers have paid for the products in full. Once a Customer’s Order has been accepted by Sunny Bunny and a Purchase Contract formed, the price of the product cannot be varied except:
- mistake and incorrectly priced product on the Website;
- the case when Customer and Sunny Bunny come to an agreement in writing or by e-mail.
Sunny Bunny is maintaining a fair price policy. Sunny Bunny allows that, despite its best efforts, it may be possible that a small number of the products in the range may be incorrectly priced on the Website. In case, Sunny Bunny has made a mistake, and a product's actual correct price is higher than the price displayed on the Website, Sunny Bunny may either contact Customer before shipping to request whether Customer wants to buy the particular product at the correct price or cancel the Order. In a case when the correct price is lower than it displayed on the Website, Sunny Bunny will charge the lower amount and send the product to Customer. If the higher incorrect price has been already charged, Sunny Bunny will refund the price difference and send the product to Customer.
All prices displayed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order and very depends on a product, country, address, delivery method, etc.
PLACEMENT TERMS
Customers place an Order with Sunny Bunny by selecting products from the Website and by following the instructions on the Website. Note that, according to Australian Law, by placing an Order, you make an offer to enter into an agreement to purchase the product(s) the subject of Customers’ Order (Purchase Contract). Sunny Bunny reserves the right to accept or reject an Order for any reason including without limitation, unavailability of the product(s); an error in the price, image or the product description; or error in Customers Order.
Orders will be deemed to have been received by Sunny Bunny at the time Sunny Bunny sends the Order Confirmation to Customers’ e-mail address.
Note that Sunny Bunny is an Online Business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are provided to Sunny Bunny and that the nominated and provided e-mail address is regularly checked for correspondence.
In a case of a cancelled Order, funds paid about that Order will be refunded in full. Customer will be provided with e-mail confirmation of the cancellation and refund.
Sunny Bunny is not responsible for Orders that are declined, delayed or not accepted due to disruptions with the Internet connections or other technical issues.
Sunny Bunny is not liable for any delay in performing and providing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of Sunny Bunny, and Sunny Bunny is entitled to a reasonable extension of time for the performance or providing of such obligations.
In a case when Customers have provided an incorrect or incomplete delivery address for the Order, Sunny Bunny may charge an additional redelivery fee for each subsequent delivery attempt.
PAYMENT TERMS
Customers must pay for the products(s) purchased on the Website at the time of placing an order. The payment for goods on the Website could be made only with an appropriate payment method supported and described on the Website. Payment for Orders will be processed immediately upon confirmation of the Customer’s Order.
Sunny Bunny is committing to protect Customers and itself from any sorts of online frauds and, therefore, uses a unique fraud prevention system. In a case when the Customer nominated payment method triggers the fraud prevention protocols, Sunny Bunny may contact the Customer to confirm additional details or rescind the transaction. In this case, until the Order has passed the fraud prevention system the Order will not be fulfilled. If the Customer does not provide the requested information within up to 7 days, Customer’s Order will be cancelled and the payment will be refunded back to the method in which it was paid. These information requests are sent to help protect credit card holders from all sorts of online fraud and Sunny Bunny apologize in advance for any inconvenience caused by this protection policy.
DELIVERY TERMS
Delivery Terms included delivery costs, areas, and estimated delivery times are contained in Sunny Bunny’s Shipping Policy. The Delivery Policy is expressly incorporated in these Terms.
Note that to purchase products, Customer’s Delivery Address must be within a country and suburb where Sunny Bunny provides Delivery and Orders will not be processed for delivery to an address in a country and suburb, not in Sunny Bunny's delivery area. The Risk in the Products passes to Customer upon delivery to Customer’s nominated delivery address, and title passes upon payment for the goods in full.
Sunny Bunny is committing to deliver all products in a prompt and timely manner, however, from time to time, it could happen that shipping and other factors outside of Sunny Bunny’s control may result in delays. Sunny Bunny does not accept any liability for loss or damage suffered by anyone as a consequence of any such delays.
The date of dispatch displayed on the Website is the estimated time of shipment as is reasonably calculated by Sunny Bunny. Where scheduled shipment of a product is delayed by more than one week, Customers will be notified by e-mail via the e-mail address provided in the order. Customers are permitted to cancel the order and receive a refund by the Returns Policy at any time before dispatch of the order.
Please note that Sunny Bunny will not deliver products to PO Box addresses.
Sunny Bunny reserves the right not to ship orders to remote or rural locations.
RETURNS
Return claims (including replacement products, refunds or credits) are detailed in Return Policy. The Returns Policy is expressly incorporated in these Terms. Please refer to this Policy to determine entitlement to return and necessary steps of the process. However, nothing in these Terms excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
WARRANTIES
Warranty claims are detailed in Returns Policy. The Returns Policy is expressly incorporated in these Terms. However, nothing in these Terms excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law. However, nothing in these Terms and Conditions excludes the application of statutory conditions, warranties, and guarantees.
Sunny Bunny carries spare parts for each product for a reasonable period, which we consider corresponds with the length of the Standard and Extended Warranty period. Sunny Bunny reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable time and limited stock is available.
FORCE MAJEURE
Under no circumstances shall Sunny Bunny be held liable for any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, the Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
MISCELLANEOUS
Title and risk in the Sunny Bunny products pass to Customer at the point of dispatch or embarkation by Sunny Bunny to Customer’s courier.
Sunny Bunny reserves the right to make changes to the Sunny Bunny Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the Website and will not impact any Purchase Contracts entered into before the date of the publication of the revised Terms and Conditions.
Insofar as they apply to the ordering, purchase, fulfilment and delivery of Sunny Bunny products from www.sunnybunny.com.au, these Sunny Bunny product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.
Sunny Bunny reserves the right to revise these Terms at any time in its absolute discretion by posting revised terms, and these revisions will come into force immediately. In a case of any of the conditions are found to be unenforceable, customers agree that the remainder of the Terms remains in full force and effect.
Sunny Bunny may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the services) without prior notice except that in a case of a fee-based Service, such changes will not substantially adversely affect the paying Customers in enjoying that service.
