TERMS AND CONDITIONS
1.1. Unless expressly agreed otherwise in writing, all agreements, quotations, orders, and all resulting deliveries and sales, entered into with or by The Sunshine Club BV (hereinafter referred to as “SC”) are governed by the following terms and conditions. The term “Customer” always refers to the person or persons who purchase goods from the company or agree to purchase goods from the company. Any reference to the website implies a reference to all URLs owned by SC.
1.2. SC has its registered offices at Everselstraat 141, 3580 Beringen, Belgium, and is registered under company number BE 0894.975.943. The general email address is firstname.lastname@example.org
1.3. These conditions are accepted by the Customer merely through the Customer’s use of the SC website, or if the Customer negotiates or concludes a contract with SC. The Customer acknowledges that he/she/it has read these conditions including all its provisions, in writing or in print. Before concluding this distance contract, the text of these general terms and conditions will be made available to the Customer. If this is not reasonably possible, the Customer will be notified by SC prior to concluding the distance contract of the manner in which the general terms and conditions can be inspected and that, upon the Customer’s request, they will be sent to the Customer free of charge as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions, in deviation from the previous section and prior to the conclusion of the distance contract, may also be supplied to the Customer electronically in such a way that the Customer can easily store this on a long-term data carrier. If this not reasonably possible, notification will be provided explaining where the general terms and conditions can be consulted electronically prior to concluding the distance contract, and that they will be sent to the Customer upon his/her/its request free of charge, electronically or by other means.
The Customer acknowledges that these terms and conditions constitute the full text of the agreement concluded between the parties, and supersede and annul all previous oral or written proposals or agreements, as well as any other communication between the parties to date.
1.4. Should one or more provisions of these general terms and conditions be deemed null and void, this will not affect the applicability of the other provisions.
1.5. Unless expressly agreed otherwise in writing, the following general terms and conditions shall take precedence over the general terms and conditions appearing on the documents of the co-contracting party (the Customer) and the latter shall be regarded as non-existent.
2.1 All orders can be placed on the website www.thesunshineclub.be.
2.2 SC provides a complete and truthful description of the items offered on its website. The images and videos shown have been provided for illustrative purposes only. The description is based on information received by SC from the respective manufacturer or supplier. An erroneous description is not binding to SC and cannot lead to a possible dissolution of the agreement or to compensation.
2.3 If the ordered item is out of stock, SC shall undertake to inform the Customer of this by email within ten (10) days after receipt of the order.
2.4 If an offer is subject to limited validity or if specific conditions apply this offer, this shall be explicitly stated in the offer.
2.5 All offers contain information that clearly explains the rights and duties attached to the Customer’s acceptance of the offer. If an offer of SC is accepted by the Customer, a full and valid contract is deemed to have been concluded. The contract of sale shall be deemed to have been concluded from the moment when the order is permanently placed on the website www.thesunshineclub.be. The Customer will receive an order confirmation by email concerning this order. If the Customer fails to receive a confirmation email within two (2) days of placing the order, the Customer shall undertake to contact SC about this.
2.6 Orders can be cancelled at no charge before they are shipped. The Customer shall contact SC by email for this purpose at the following email address email@example.com. SC will pay back the relevant amount within seven (7) days. Once an order has been shipped, it can no longer be cancelled free of charge.
2.7 SC may, within the confines of the law, gather information about the Customer’s ability to fulfil his/her/its payment obligations, as well as any facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, SC has sound reasons for not concluding the contract, SC is lawfully entitled to refuse an order or request with substantation, or to attach special terms to its implementation.
3.1 All prices are displayed in Euro and include VAT, unless clearly stated otherwise.
3.2 The Customer will be required to pay the shipping costs of an order depending on his/her/its place of residency. The shipping costs are calculated on the total order and will be displayed at the time of payment.
3.3 If any data provided by the Customer are incorrect, new and additional shipping fees will be charged.
3.4 SC reserves the right to unilaterally modify the prices on its website without prior notice. SC will inspect the prices and specifications to the best of its ability. Although it will make every effort to ensure that they are correct, SC accepts no responsibility for errors and omissions.
3.5 Prices quoted by SC in connection with offers are always free of obligation, unless it is expressly stated that they are final. Final prices quoted in offers will remain valid only for a period of fifteen (15) days.
4.1 To purchase a product, the Customer must first place this in his/her/its shopping cart. Once the Customer has added the desired products to his/her/its shopping cart, he/she/it can enter his/her/its contact details, billing details, and delivery details. After this, a payment method can be chosen and the payment can be made. If the payment has been completed successfully, the Customer will receive a confirmation email on which the order number is visible. From this moment on, the purchase will be deemed final. The purchase agreement is concluded in the language of the website at the moment the payment is made.
4.2 SC accepts orders through online transactions (secure server). All credit and debit card transactions are subject to validation checks and approval by the card issuer. In the event that the issuer of a card refuses to approve payment to SC, SC cannot be held responsible for delays in delivery or non-delivery of the order. Orders for which no valid payment has been made in the name of the registered card holder will not be accepted or processed. Minors (under 18 years of age) may not make a purchase unless they have obtained permission to do so from a parent or guardian.
4.3 SC reserves the right to suspend its services and to unilaterally terminate the agreement in case of non-payment, and can never be held liable for any damages whatsoever.
4.4 With regard to business enterprises, invoices for purchases made directly from SC – and not through the online shop – are payable within eight (8) days after the invoice date. If the invoice has not been paid by the due date, a contractual interest of 1% per month will be due by operation of law and without any notice of default being required, in which each started month shall count as a full month. In the event of overdue payment, a fixed compensation of 15% of the outstanding invoice amount, to which a minimum of 50 EUR applies, will also be due, by operation of law and without any notice of default being required. If an order is placed through the SC online shop, immediate payment is required. If requested to do so by the Customer during the payment process. SC will send an invoice by email afterwards.
5.1 All goods will be delivered subject to availability. Promotional campaigns shall always run for the period as indicated or while stocks last.
5.2 The Customer must ensure that he/she/it has provided a correct delivery address when placing his/her/its order, and will be held solely responsible for providing this information. Delivery of the product will be made in accordance with the requested delivery method to the address referred to above within three (3) working days following receipt of payment. This period is purely indicative and in no way binding to SC. All delivery charges are subject to change without prior notice.
5.3 SC delivers its products to customers in Belgium, the Netherlands, Luxembourg, France, Germany, Spain, Italy, Portugal, Austria, Denmark, Finland, Greece, Poland, Sweden, Slovenia, Slovakia.
5.4 If deliveries are delayed, or in the event that a delivery cannot be executed, or can only be executed in part, the Customer will be notified of this delivery problem by email within thirty (30) working days of having placed the relevant order.
5.5 The risk of damage or loss of goods shall be borne by SC until the goods are shipped to the Customer.
5.6 SC may not be held liable for any consequential loss or damage resulting from late delivery or non-delivery by the carrier it has appointed. Its liability in such cases shall be limited to the value of the items proven not to have been received by the Customer.
6.1 The Customer may withdraw from the purchase of an item, free of charge, within a period of fourteen (14) days from the time of delivery in accordance with Article VI.47 of the Belgian Economic Code. This does not apply to perishable goods, articles which have been personalised or made according to the Customer’s instructions, sealed products (which are unsuitable for return for reasons of health protection or hygiene and the seal of which has been broken after delivery), and newspapers, journals or magazines (with the exception of subscriptions to these).
6.2 During the reflection period, the Customer will treat the product and its packaging with due care. He/she/it will only unpack or use the product to the extent necessary to determine the nature, characteristics. and proper operation of the product. The basic premise in this case is that the Customer may only handle and inspect the product as he/she/it would in a shop.
6.3 SC must be notified of a withdrawal from the purchase by email, which email is to be sent to firstname.lastname@example.org. SC will immediately send the Customer confirmation of receipt of this email.
6.4 The Customer must return the goods, unused and in their original condition and packaging, together with a copy of the original invoice, to the registered offices of SC within fourteen (14) days after the notice of withdrawal has been sent. All costs associated with returning the goods in question will be paid by the Customer.
6.5 The risk and the burden of proof of the proper exercise of the right of withdrawal shall be borne by the Customer.
6.6 SC shall undertake to reimburse the Customer within fourteen (14) business days of its receipt of the relevant goods in their unused and original condition and in their original packaging.
7.1 Complaints concerning the delivery of goods and/or invoices must be sent to the correspondence address of SC’s registered offices by registered post within eight (8) days of receipt of the goods and/or invoices.
7.2 Complaints lodged with SC shall be replied to within a period of fourteen (14) days counting from the date of receipt. If a complaint requires a foreseeable longer processing time, SC will respond within the above fourteen-day period with a notice of receipt, providing an indication of when the Customer can expect a more detailed answer.
The Customer shall grant SC at least four (4) weeks to resolve the complaint in mutual consultation. After this period, a dispute will arise which shall be subject to the dispute settlement procedure.
8.1 In the event of force majeure, SC will not be obliged to fulfil its obligations vis-à-vis the Customer, They will, at least, be suspended for the duration of the force majeure.
8.2 Force majeure shall include (but not be limited to) any circumstance beyond SC’s control which prevents the performance of all or part of its obligations vis-à-vis the Customer. Without being exhaustive, cases of force majeure shall be deemed to include: epidemics and/or infectious diseases, riots and disturbances, flooding, fire, strike, lock-out, problems in finding transport, and the enactment of laws.
9.1 The Customer must provide SC with certain information to facilitate the processing and completion of orders. If correct data cannot be provided, the order will be cancelled.
10.1 All products, labels, videos, images, web pages, designs, studies, intellectual property rights, and so forth will remain the property of SC at all times. Under no circumstances may they be used, disclosed, or copied, whether in whole or in part, without the prior consent of SC.
10.2 Transfer of ownership of the goods delivered shall take place only and exclusively upon full payment of the principal, which payment shall include any and all interests, damages, and costs due. Thus, notwithstanding the provisions of Section 1583 of the Belgian Civil Code, the goods delivered to the Customer shall remain the exclusive property of SC until full payment has been made by the Customer. In the meantime, the Customer is prohibited from pledging the goods or limiting or nullifying their free disposal by any security whatsoever to the detriment of SC. The Customer shall, however, be obliged to insure the goods against all risks from the moment of delivery and keep them in good condition.
11.1 The Customer shall use the products offered to him/her/it with due care and will refrain from using the products to commit offences or cause any form of damage or nuisance to SC or third parties. In this respect, the Customer shall ensure due observance of any specifications, any information printed on the packages of products, or any documentation or instructions provided by SC. Nor shall the activities of the Customer give rise to any form of nuisance.
11.2 The Customer shall indemnify SC against all costs, claims, damages, expenses, procedural costs, and so forth incurred by third parties in connection with the execution of this agreement and the lawful use of the products supplied by SC.
12.1 Liability for indirect or consequential damages is excluded under all circumstances. SC can therefore in no way be held liable for any failure with regard to the performance of its products.
12.2 The Customer shall be solely responsible for the proper and lawful use of the products, taking into account the specifications, the indications printed on the packages of products, and any documentation or instructions provided by SC.
12.3 SC shall be liable to the Customer only for the actual damage suffered and proven arising from the obligations provided for in the agreements concluded with SC, thus excluding any other implicit or unwritten obligations. SC’s liability shall in any case not exceed the total amount invoiced to the Customer and paid by him/her/it in regard of the purchase price
13.1 The rights and obligations of the Customer resulting from the agreements concluded with SC may not be transferred, either in whole or in part, to third parties without the prior written consent of SC.
13.2 In the event that any provision of an agreement concluded with SC or the application of this agreement should become or be unenforceable for any party or circumstance, at whatever level, this will not have any effect whatsoever on the remaining provisions of the agreement.
14.1 SC may only be prosecuted judicially in the courts of the district where its registered offices are located. Insofar as SC will act as a plaintiff, the courts of the district of Limburg will be solely competent to settle the dispute.
14.2 This agreement is governed exclusively by the laws of Belgium. If, for compelling reasons of international law, another legal system should apply, the Belgian Act on Market Practices and Consumer Protection will serve as the primary reference in the interpretation of the present general terms and conditions.