Terms and conditions of use

GENERAL TERMS AND CONDITIONS OF SALE
www.sunmarket.es

1. 
   
   GENERAL INFORMATION

The ownership of this website, www.sunmarket.es, (hereinafter Website) is held by: SUNMARKET WELLNESS SLU, provided with NIF: B97238372 and registered in: the Commercial Register of Valencia and whose contact details are:

Address:

Sunmarket Wellness SLU
Av. Mestre Rodrigo 99 Valencia - Spain
Contact telephone: 961040660
Contact email: [email protected]

This document (as well as all other documents mentioned herein) regulates the conditions governing the use of this Website (www.sunmarket.es) and the purchase or acquisition of products and / or services in it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Sunmarket develops through the Website comprises:

Commercialization of cosmetic products, aesthetic appliances, solariums, personal beauty devices, fitness equipment and body massage devices.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and Sunmarket's privacy and data protection policy. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the aforementioned, so if he/she does not agree with all of them, he/she should not use this Website.

Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have in relation to the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.

Likewise, it is recalled that Sunmarket is adhered to: Code of Ethics whose approval is given by the following body: "Confianza Online" and which can be consulted on the website: https://www.confianzaonline.es.

2. 
   THE USER

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Website, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

• Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
• Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
• To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.

The User will be able to formalize, at his/her choice, with Sunmarket the contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available on this Website.

3. 
   PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase on the Website by the means and in the manner established. They shall follow the online purchase and/or acquisition procedure of www.sunmarket.es, during which several products and/or services may be selected and added to the cart, basket or final purchase space and, finally, click on "Checkout".

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an email confirming that Sunmarket has received his order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail and, where appropriate, through his or her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to Sunmarket using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Unless expressly stated otherwise, Sunmarket is not the manufacturer of the products sold or that may be marketed on the Website. Although Sunmarket makes every effort to ensure that the information displayed on the Website is correct, sometimes the packaging and/or the materials and/or the components of the products may contain additional or different information from that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in Sunmarket's computerized records in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the applicable laws and regulations in force in this regard, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

4. 
   AVAILABILITY

All purchase orders received by Sunmarket through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Sunmarket undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

5. 
   PRICES AND PAYMENT

The prices displayed on the Website are final prices, in Euros (€) including taxes.

However, unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the shipping methods and costs available and freely choose the one that suits him/her best.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: Credit or debit card, PayPal, Bank Transfer, and Cash on Delivery.

Also, the User will be able to pay all or part of the price of the purchase with a gift card and/or a credit card issued by Sunmarket and/or SUNMARKET WELLNESS SLU.

Sunmarket uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if the issuing bank does not authorize payment, Sunmarket will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.

Once Sunmarket receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, if applicable, place established.

If the means of payment is Paypal, gift card or credit card the charge will be made at the time Sunmarket sends a confirmation of the purchase order or purchase of products and / or services to the User.

In any case, by clicking on "Pay" the User confirms that the payment method used is his or her own, or that, if applicable, he or she is the legitimate holder of the gift card or credit card.

Purchase orders or purchases in which the User selects bank transfer as payment method will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by Sunmarket for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.

Using this method of payment, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Sunmarket will not be able to validate the order, which will be cancelled.

For cash on delivery payment, the User must select "Cash on Delivery" among the payment methods on the Website and proceed to Checkout to proceed with the purchase order. From that moment, Sunmarket reserves the right to contact the User in order to validate the purchase order with him/her. After this, the order will be prepared and made available for the management of its shipment.

Payment will be made at the time of delivery of the order by the carrier's delivery person. Payment shall be made in cash only. The User undertakes to deliver to the delivery person of the carrier the exact amount of the order, the latter will not be able to provide change.

For the refund of the amount on orders paid by cash on delivery, Sunmarket reserves the right to 14 calendar days after the return has been requested through the Website and the package has been returned to the carrier. When making the return, the User must indicate his bank details in order to receive the transfer corresponding to the requested refund of the amount of the returned order. The reimbursement of the amount of the orders paid by cash on delivery will be made only by bank transfer.

Sunmarket reserves the right to suspend the payment by cash on delivery to those Users who have not complied with the necessary requirements in past orders.

6. 
   DELIVERY

In the cases in which it is necessary to make the physical delivery of the contracted good, the deliveries will be made within the following territory: World.

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If, for any reason, Sunmarket is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Sunmarket to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Sunmarket, Sunmarket will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned to him/her, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.

However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.

For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by the signature of the reception of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Sunmarket receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Sunmarket.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.

In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or supply, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.

In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of taxes and duties under the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with the regulations in force, and that these could be borne by the User.

For other locations, other than the above, where the purchase orders will be located, for their delivery and/or provision, the regulations in force at any given time will be applied; the User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could be borne by the User. For further information, the User should contact the customs office at destination.

7. 
   TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting Sunmarket through the contact spaces provided on the Website, and, where appropriate, through those provided to contact customer service, and/or by using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.

In any case, the User, before clicking on "Pay", has access to the space, cart, or basket where his purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

8. 
   RETURNS

In cases where the User purchased products on or through the Owner's Website, he/she is entitled to a number of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification.

This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Sunmarket Website or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired the material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify his decision to Sunmarket. It may do so, where appropriate, through the contact spaces provided on the Website or through:

Sunmarket Wellness SLU
Av. Mestre Rodrigo 99
Valencia - Spain
[email protected]
Tel. 961040660

The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Sunmarket makes available as an annexed part of these Conditions, however, its use is not mandatory.

In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In case of withdrawal, Sunmarket will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Sunmarket is informed of the User's decision to withdraw.

Sunmarket will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Sunmarket may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.

The User may return or send the products to Sunmarket at:

Sunmarket Wellness SLU
Av. Mestre Rodrigo 99
46015 Valencia
B97238372

And must do so without undue delay and, in any case, no later than 14 calendar days from the date on which Sunmarket was informed of the decision of withdrawal.

The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be responsible for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In this same sense is governed by the provision of a service that the User could hire on this Web Site, as this same law states that the right of withdrawal will not assist the Users when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by Sunmarket, he will have lost his right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

In the following link you can download the Model of withdrawal form:

https://www.sunmarket.es/desistimiento

Return of defective products or error in shipment

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact Sunmarket immediately and let them know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the same.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any time for the User, as a consumer and user, will always apply.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding Sunmarket, therefore, for the lack of conformity of the same that is manifested within a period of two years from delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Sunmarket and possess the qualities presented in the same; they are suitable for the uses to which products of the same type are ordinarily destined; and they present the usual quality and features of a product of the same type and that they are fundamentally expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, may present non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal warranty rights directly against them during the two years following the delivery of such products. In order to do so, the User must have kept all the information regarding the warranty of the products.

9. 
   DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Sunmarket accepts no liability for the following losses, regardless of their origin:

• any losses which are not attributable to any breach by you;
  
• 
  business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or from
  
• 
  any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between both parties.

Likewise, Sunmarket also limits its liability in the following cases:

• Sunmarket applies all measures concerning to provide a faithful visualization of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
  
• 
  Sunmarket will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or thefts of the product.
  
• 
  Technical failures that for fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. Sunmarket puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
  
• 
  Sunmarket will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, Sunmarket will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
  
• 
  In general, Sunmarket will not be responsible for any failure or delay in the fulfillment of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but not limited to:
  
  • 
    Strikes, lockouts or other industrial action.
    
  • 
    Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
    
  • 
    Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
    
  • 
    Impossibility of the use of trains, ships, airplanes, motor transport or other means of transportation, public or private.
    
  • 
    Impossibility of using public or private telecommunications systems.
    
  • 
    Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Thus, the obligations will be suspended for the period during which the force majeure continues, and Sunmarket will have an extension of time to perform for a period of time equal to the duration of the force majeure. Sunmarket will use all reasonable efforts to find a solution to enable it to perform its obligations notwithstanding the force majeure.

10. 
    WRITTEN COMMUNICATIONS AND NOTICES

By using this Web Site, the User agrees that most communications with Sunmarket will be electronic (e-mail or notices posted on the Web Site).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Sunmarket sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.

The User may send notifications and/or communicate with Sunmarket through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Sunmarket may contact and/or notify the User by e-mail or at the postal address provided.

11. 
    DISCLAIMER

No waiver by Sunmarket of any specific legal right or action or failure by Sunmarket to require strict performance by the User of any of its obligations shall constitute or waive any other rights or remedies arising under any contract or the Conditions, or relieve the User from the performance of its obligations.

No waiver by Sunmarket of any of these Conditions or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. 
    VOID

If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.

13. 
    COMPLETE AGREEMENT

The present Conditions and any document expressly referred to in these constitute the entire agreement existing between the User and Sunmarket in relation to the object of the sale and purchase and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.

The User and Sunmarket acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. 
    DATA PROTECTION

The information or personal data that the User provides to Sunmarket in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided are truthful.

15. 
    APPLICABLE LAW AND JURISDICTION

The access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between Sunmarket and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. 
    COMPLAINTS AND CLAIMS

The User may send Sunmarket his complaints, claims or any other comments he may wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, Sunmarket has official complaint forms available to consumers and users, which they can request from Sunmarket at any time, using the contact details provided at the beginning of these Conditions (General Information).

Furthermore, if a dispute should arise from the conclusion of this purchase contract between Sunmarket and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.

Last modification: 1 February 2023

Sunmarket Wellness S.L.U.
Av. Maestro Rodrigo 99
46015 Valencia

CIF B97238372
Registry data: Valencia Mercantile Register Volume 7247, Book 4549, Folio 93, Section 8, H V 84892, I/A 2