Terms and Conditions of Use

General Conditions of Sale
www.sunmarket.es

General Conditions of Sale of Sunmarket

1. Seller Identification

In compliance with Law 34/2002 (LSSI-CE) and other applicable regulations, the owner of the Sunmarket website (www.sunmarket.es) is SUNMARKET WELLNESS, S.L.U., VAT number B-97238372, registered in the Commercial Registry of Valencia (Volume 7247, Book 4549, Page 93, Sheet V-84892). Registered office: Avda. Maestro Rodrigo 99, 46015 Valencia (Spain). Contact: Tel. +34 96 104 06 60, email sunmarket@sunmarket.es. Hereinafter “Sunmarket.”

2. Scope and Definitions

These General Terms of Sale govern the purchase of products through Sunmarket’s website and apply to all orders placed by customers in Spain (Peninsula and Balearic Islands; see international shipping terms). By making a purchase, the Customer accepts these terms. For the purposes of these Terms:

Consumer: A natural person who purchases Sunmarket products for personal, private use unrelated to any commercial, business or professional activity, under applicable consumer-protection law.
Business Customer or Professional: A legal entity, sole proprietor (self-employed) or professional who purchases Sunmarket products in the course of their commercial or professional activity. Such purchases are considered B2B transactions and are not subject to special consumer-protection rules on withdrawal rights, warranties or unfair contract terms that apply only to consumers.

Sunmarket may apply different clauses and policies depending on whether the Customer is a Consumer or a Business/Professional, as detailed in the corresponding sections below.

3. Explicit Acceptance of the Terms

The Customer must read and expressly accept these General Terms before completing the purchase. During the online order process, Sunmarket will require the Customer to check a box confirming they have read and accepted these Terms before the final order confirmation. Without such acceptance, the transaction cannot be completed. Sunmarket will keep a record of this acceptance and will send the Customer, by email within 24 hours of ordering, an order confirmation including either a summary of these Terms or a permanent link to them.

4. Product Information

Sunmarket offers for sale equipment, devices and other products in the fields of aesthetics, tanning and wellness. Essential product characteristics (description, technical specifications, included accessories, etc.) appear on each product page. Images are illustrative and slight variations that do not affect functionality may occur. Sunmarket is not liable for involuntary errors or omissions in descriptions or images but will correct them once identified.

All products sold are new (unless expressly stated otherwise) and comply with applicable Spanish and EU laws. Sunmarket fulfills its pre-contractual information obligations under e-commerce and consumer legislation, including legal warranty and after-sales service information.

5. Prices and Availability

Prices shown on the website are in Euros (€) and include applicable taxes (Spanish VAT unless otherwise noted). Shipping costs and any additional fees (e.g., cash-on-delivery) will be itemized separately and calculated before checkout based on the delivery destination and method chosen. Sunmarket reserves the right to change prices at any time, but products will be invoiced at the rates in force when the order was placed (the price displayed when the Customer added the item to the cart and accepted these Terms).

All orders are subject to stock availability. If an item becomes unavailable after an order is placed, Sunmarket will inform the Customer as soon as possible and may offer an alternative product of equivalent or superior performance, or refund any amount paid for the unavailable item, at the Customer’s choice.

In case of a manifest pricing or description error (e.g., a typo resulting in an unreasonably low price), Sunmarket may cancel the order for that item even after initial confirmation, informing the Customer. The Customer may then choose to proceed at the correct price (if still available) or cancel at no cost, receiving a full refund.

6. Online Purchase Process

Product Selection: The Customer selects desired products and adds them to the virtual shopping cart, with the ability to adjust quantities or remove items before proceeding.
Identification and Delivery Details: The Customer provides necessary personal data (name, shipping address, email, etc.). Frequent Buyers may register an account. It is the Customer’s responsibility to provide accurate and up-to-date information and to review and correct any errors before finalizing.
Shipping and Payment Method Selection: The Customer chooses available delivery options (e.g., standard, express, pickup point) and preferred payment method. The final price breakdown—including taxes and shipping costs—is shown for the Customer’s review before payment.
Acceptance of Terms: The Customer must check the acceptance box before proceeding to payment.
Order Placement – Payment: By clicking “Place Order,” “Buy Now,” or equivalent (clearly indicating a payment obligation), the Customer confirms the order. The sale is considered concluded when the payment system confirms the transaction. The Customer is advised to save or print the order summary and these Terms.
Confirmation and Acknowledgment: Once payment is completed, Sunmarket displays an on-screen confirmation and sends an email acknowledgment within 24 hours, including order number, item details, amount breakdown, delivery address, and a copy or link to these Terms. If the Customer does not receive this email in 24 hours, they should check their spam folder or contact Sunmarket.
Invoice: Sunmarket issues an electronic invoice once the order is ready for shipment, emailed to the Customer or available for download from the Customer’s online account. Paper invoices are available upon request. Sunmarket retains invoice copies in its systems; the Customer may request access at any time.

The sales contract is formalized in Spanish. Optional translations are for convenience; in case of discrepancy, the Spanish version prevails.

7. Payment Methods

Sunmarket accepts various secure payment methods, including credit/debit cards (Visa, MasterCard, etc.), bank transfer (prior to shipment), and trusted electronic payment services (e.g., PayPal), which may vary by order amount or Customer location. Card charges are processed in real time via a secure SSL gateway, and Sunmarket does not store sensitive card data.

For bank transfers, payment instructions (account number, exact amount, reference) are provided, and orders are processed once funds are confirmed. If payment is not received within 7 days, Sunmarket may cancel the order.

High-value or Business/Professional purchases may negotiate other payment terms (e.g., installment payments, promissory notes) by mutual agreement. If trade credit is extended, the Customer must comply with agreed payment terms, with late payments incurring legal interest under Law 3/2004 on combating late payment.

Sunmarket reserves the right to request additional documentation (e.g., ID, proof of address or card ownership) for identity verification and fraud prevention, especially for high-value orders. Suspicious transactions may be canceled and refunded for security reasons.

8. Shipping and Delivery

Sunmarket ships throughout mainland Spain and the Balearic Islands (Canary Islands, Ceuta, Melilla upon enquiry) and to certain EU countries at quoted shipping rates. Shipments are typically made via reputable courier or express services.

Delivery Times: Unless otherwise indicated, delivery is estimated at 24–72 business hours within mainland Spain once payment is confirmed and item is in stock. International or non-mainland deliveries may take longer and will be specified at checkout. If no specific deadline is agreed, delivery will occur within 30 calendar days of purchase. If Sunmarket fails to meet the maximum legal period for reasons it controls, the Consumer may cancel and receive a full refund or agree on a new delivery date.
Delivery Address Accuracy: It is the Customer’s responsibility to ensure the delivery address is correct and accessible during normal business hours. Misdelivery due to incorrect address or repeated failed attempts may incur storage or reshipment fees, which may be charged to the Customer (Consumers may be charged only actual additional costs if at fault).
Risk Transfer: For Consumers, risk of loss or damage passes when the Customer or a third party designated by the Customer (other than the carrier) takes physical possession. If the Consumer arranges independent carriage, risk passes once the product is handed to the carrier. For Business Customers, risk transfers when Sunmarket delivers to the carrier or dispatches from its warehouse, unless agreed otherwise.
Receipt Inspection: Upon delivery, the Customer should inspect package exterior for damage and note any issues on the delivery receipt before signing. If inspection is not permitted, the Customer should refuse delivery or clearly note “Subject to inspection.” Photographs and notification to Sunmarket within 24–48 hours facilitate claims. Failure to follow these recommendations does not extinguish legal rights but may complicate claims.
Delivery Delays: If the order does not arrive within the expected timeframe and no delay notification was provided, the Customer should inform Sunmarket promptly. Sunmarket is not liable for delays due to force majeure but will assist in resolving issues.

9. Retention of Title

Sunmarket retains legal title to products until full payment of price and associated costs. Although possession transfers on delivery, ownership only transfers upon payment in full. In case of non-payment by a Business Customer, Sunmarket may reclaim products at the Customer’s expense or pursue legal remedies.

10. Order Cancellations

By the Customer (before shipment): The Customer may cancel by contacting Sunmarket immediately (phone or email with order number). If the order has not entered fulfillment, cancellation is free and a refund is processed via the original payment method. If the product is already shipped or out for delivery, the Customer may refuse delivery or return it, and Sunmarket will refund the product cost minus direct shipping and return costs (except when Consumers validly withdraw under Clause 11).
By Sunmarket: Sunmarket may cancel an order in exceptional cases: (a) serious product data errors (price or description), (b) suspected fraud, (c) stock shortages, (d) delivery impossibility, or (e) payment failure. Sunmarket will inform the Customer and refund any amounts paid, or alternatively propose order modification (e.g., substitute item with price adjustment).

In force majeure or unforeseeable events preventing order execution, Sunmarket may suspend or cancel obligations, as detailed in Clause 14.

11. Right of Withdrawal (Consumers)

Consumers have 14 calendar days from the day after product receipt (or last delivery for multi-item orders) to withdraw without giving reasons by sending an unequivocal statement to sunmarket@sunmarket.es or using the provided withdrawal form. The period extends to 12 months if Sunmarket fails to inform of withdrawal rights.

Return Period: Products must be returned within 14 days of withdrawal notification. Returns are timely if dispatched before the period ends.
Condition of Returns: Items should be in good condition with original packaging, accessories, manuals and any promotional gifts. Consumers may inspect items as in a physical store but are liable for diminished value beyond necessary inspection.
Exceptions: No withdrawal right for personalized goods, perishable items, sealed hygiene products once unsealed, opened audiovisual or software recordings, periodicals, executed digital content, or cosmetics/vials opened post-delivery. Such exceptions are noted on product pages.
Return Costs: Consumers bear direct return costs unless Sunmarket offers to collect or covers them. No additional management fees apply.
Refund: Sunmarket refunds all payments, including standard shipping costs, within 14 days of withdrawal notification, using the original payment method (unless otherwise agreed), withholding refund until goods are received or proof of shipment is provided. If the Consumer chose a more expensive shipping method, only the cost of the standard method is refunded.

Upon valid withdrawal, the contract is rescinded without penalty, and both parties must return received benefits (money and goods). Sunmarket recommends contacting Customer Service to arrange returns.

12. Returns and Warranties for Businesses/Professionals

Business/Professional Customers do not have a 14-day withdrawal right. Returns are only accepted by express agreement. Sunmarket may, as a courtesy, authorize voluntary returns under negotiated conditions; return shipping costs are borne by the Business Customer unless otherwise agreed.

For defective or incorrect products, Business Customers must notify Sunmarket within 24–48 hours. Sunmarket will offer repair, replacement or refund per commercial warranty or applicable law on hidden defects (6 months) and any manufacturer’s warranty. Sunmarket assists in warranty claims but has no further obligations beyond legal and manufacturer terms.

13. Legal Conformity Warranty (Consumers)

Consumers benefit from a 3-year legal warranty on new goods (in force since January 1, 2022). During the first 2 years, non-conformities are presumed to exist at delivery. In the third year, the Consumer may need to prove origin defects. Remedies include free repair or replacement at the Consumer’s choice; if neither is possible, a price reduction or contract termination. Sunmarket covers all necessary costs (shipping, labor, parts). Excluded are defects from misuse, normal wear, improper installation or unauthorized modifications. Additional commercial warranties by the manufacturer or Sunmarket do not affect the mandatory legal warranty.

14. Limitation of Liability

To the maximum extent permitted by law, Sunmarket’s liability is limited to the total amount paid by the Customer for the relevant order. Indirect or consequential damages, including loss of profits, are excluded. This limitation does not apply to personal injury, death, fraud, gross negligence or legally non-excludable liability. For third-party products, liability beyond legal distribution responsibilities rests with the manufacturer. Sunmarket is not liable for non-essential website inaccuracies or interruptions, except for essential offer terms as per Clause 5. Misuse by the Customer and force majeure events also limit Sunmarket’s liability as detailed in this document.

15. Data Protection and Confidentiality

See Sunmarket’s Privacy Policy on www.sunmarket.es for details on personal data processing. Data collected during purchase are used to fulfill the contract and legal obligations; with consent, they may be used for marketing. Sunmarket complies with GDPR (EU Regulation 2016/679) and Spanish PDGDD Law 3/2018. Data are not shared with third parties except for delivery or technical support. Customers may exercise rights of access, rectification, erasure, opposition, restriction or portability via email.

16. Applicable Law and Dispute Resolution

Sales are governed by Spanish law. Consumers may choose jurisdiction either at their domicile or the place of performance; Business Customers submit to the courts of Valencia, waiving other jurisdictions. Consumers may use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/ and the Confianza Online mediation service.

17. Advance Payments for Equipment or Machinery

Certain orders (especially equipment or machinery) require a non-refundable deposit to reserve and manufacture the product. Cancellations are not accepted once the order is submitted to the factory or supplier.

18. Final Provisions

Severability: If any provision is invalidated, the rest remain in force, and the parties will replace the invalid clause in good faith.
Waiver: Failure by Sunmarket to enforce any provision does not constitute waiver.
Amendments: Sunmarket may update these Terms at any time; changes take effect upon publication with the “last updated” date. New terms apply only to subsequent orders, except where retroactive application benefits consumers.
Language: The Spanish text prevails in case of discrepancy.
Full Acceptance: Checking the acceptance box and completing the purchase constitutes full acceptance without reservations.

Last updated: April 8, 2025.