Legal Notice

Sunaia LTD

35 Firs Avenue London N11 3NE

Company No: 14563074

Shopify website host

Inc. Ottawa, Canada AND Scaleway SAS with a capital of 214,410.50 Euros SIREN: 433 115 904 RCS Paris

Terms and conditions

Any online purchase made on the website www.sunaia.fr is subject to prior knowledge and acceptance of these general conditions of sale.

D EFINITIONS

Article: products of any kind offered for sale (e-commerce service) on the Site.
Customer: non-commercial natural person carrying out the Order, and holding full legal capacity.
Order: commitment to purchase all the Items selected by the Customer via the Site's e-commerce service.
Site: website published by SUNAIA and accessible at the following address:
www.sunaia.fr

PREAMBLE _

These general conditions of sale (hereinafter "GTC") apply exclusively between any Customer and Sunaia registered under the siret number 890 269 269 00019 ALOHALAIA representing its brand SUNAIA (hereinafter "SUNAIA").

Any Internet user can read the T&Cs from all the pages of the Site.

The T&Cs are applicable without restriction or reservation to all the Items offered for sale on the Site.

Any Order on the Site is subject to prior consultation and unreserved acceptance by the Customer of these T&Cs and the applicable prices.

The validation of an Order following the ordering procedure proposed on the site constitutes acceptance of these GCS.

These T&Cs prevail over any other document.

SPECIFIC CONDITIONS FACED WITH THE COVID-19 CRISIS

Following the difficulties caused by the Covid-19 crisis, SUNAIA is no longer able to guarantee delivery times. This will remain the case until the services of La Poste and Chronopost resume normal activity.

CAUTION

The sale of Items on the Site is exclusively reserved for retail and private individuals.

Under no circumstances may the Site be used by professional sellers, alone or in groups, regardless of the method of marketing their products (marketplaces on the internet, shopping malls, intermediaries, physical stores in particular). The Customer therefore acknowledges and accepts that the Articles can only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of Articles ordered in a single order and the number of individual Orders respecting the usual amount an average consumer spent for the same product. SUNAIA reserves the right to refuse an order clearly validated by a professional seller Customer.

Any Customer declares to be informed of the lack of reliability of the Internet network, especially in terms of relative security in the transmission of data, non-guaranteed continuity in access to the Site, non-guaranteed performance in terms of volume and speed of transmission data and the spread of viruses.

SUNAIA warns each Customer of the need to implement within their computer or portable or mobile equipment a solution and security measures to prevent the spread of viruses.

The GCS may be subject to modification, the applicable conditions are those in force on the Site on the date of placing your order.

The management of a defective or non-compliant Item (replacement or refund) or the exercise of a right of withdrawal cannot be done directly in the physical stores of the SUNAIA brand.

It is mandatory to go through the Site for all complaints about Items purchased online on the Site.

Similarly, an Item purchased in one of SUNAIA's stores cannot be supported via the Site's services.

CHARACTERISTICS OF ARTICLES

The Items available for sale are those which appear on the Site. The offers are valid as long as they are visible on the Site.

They are offered within the limits of the availability displayed on the Site.

SUNAIA reserves the right to withdraw from sale, at any time, any Article present on the Site and/or to replace or modify any information associated with the Articles appearing on this Site.

In the event of the unavailability of an Article, after placing his Order, the Customer is informed by email, his order then being automatically cancelled.

The characteristics of the Items sold on the Site (photographs, graphics and descriptions of the Items, etc.) are given for information only and may vary over time. They are non-contractual.

Only the visual of the Article displayed at the time of the Order must be taken into account by the Customer.

In the event of errors or omissions relating to the description of an Article, SUNAIA's liability is limited to the reimbursement of the reasonable costs of returning the Article incurred by the Customer.

ORDERS OF ARTICLES

Any Order necessarily assumes the registration of the Customer or the identification of the Customer via his Customer Account.

The Customer declares to be at least 18 years old and to have the legal capacity, or if he is a minor, guarantees to be the holder of parental authorization to place his Order.

To place an Order, the Customer must follow the online purchase process and click on "Order" to submit the Order.

The payment of the Order implies acceptance of these GCS, the price of the Items and the content of the Order.

After validation of the payment, SUNAIA sends the Customer an e-mail confirming his Order.

Any Order is subject to prior acceptance by SUNAIA and is not definitively confirmed until the Customer has received an e-mail confirming the dispatch of the Item(s).

If the Customer does not receive any email following his Order, it is up to him to contact SUNAIA customer service by email via the contact form located on the “Contact” page of the site.

SUNAIA can in no way be held responsible in the event of an input error or transmission of an input error that does not allow the delivery of the confirmation email and/or Articles.

It is recommended that the Customer print the Order confirmation email.

For any question relating to the follow-up of an Order, the Customer must contact customer service by email by filling out the contact form located on the "contact" page of the site, not forgetting to explicitly specify the number of his order.

PRICE OF ARTICLES

The prices are indicated on the Site in euros, excluding VAT: VAT not applicable (Art 293B of the CGI), excluding participation in processing and shipping costs.

They take into account any reductions applicable on the day of the Order.

Any new taxes or contributions, in particular environmental, are likely to be passed on to the sale price of the Items.

The prices of the Products are exclusive of delivery costs (shipping, packaging and making up the package according to the amounts in force).

The amount of the shipping costs is specified on the Site before validation of the Order.

SUNAIA reserves the right to modify the prices of the Articles at any time, the Articles being invoiced on the basis of the prices in force at the time of the validation of each Order.

The price of the Items invoiced is therefore that indicated at the time of the Order.

THE ARTICLES REMAIN THE FULL PROPERTY OF SUNAIA UNTIL FULL PAYMENT OF THE PRICE, WHICH THE CUSTOMER ACKNOWLEDGES AND ACCEPTS.

ORDER PAYMENT

The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email.

The Order is payable immediately, by bank card (CB, Visa, MasterCard, American Express).

The Customer is informed by e-mail, once the Order has been dispatched, that his invoice, including the delivery costs, is accessible online on the customer account.

Transactions carried out on the Site are entrusted to a secure online payment platform.

They are secured by a solution that presents highly secure pages for entering payment data: card number, expiry date and visual cryptogram.

This platform encrypts then transmits this payment data to the bank, in complete confidentiality and makes it inaccessible to a third party.

TERMS OF DELIVERY

Items are delivered worldwide.

The Customer is offered several delivery methods chosen by the Customer and at the Customer's expense.

Thanks to the shipping number, the Customer can follow the progress of his package on the website of the carrier chosen by the Customer.

The Customer will receive an Order number by e-mail confirming that it has been properly taken care of. The Customer will be informed of the various stages of his Order by email.

The Items ordered will be delivered within a maximum period of 30 days from the registration of the Order, subject to full payment of the price. After this period, you have 15 additional days to contact us in order to find a solution.

The Customer is informed that it is his responsibility to provide exactly all the details necessary for the proper delivery of his Order and for perfect delivery (Access code, access specification for example).

Shipments are announced by e-mail to the Customer, to the e-mail address provided by the latter. The Customer must therefore provide a valid e-mail address if he wishes to be informed of the progress of his order.

If the delivery address provided by the Customer is not valid and therefore results in a return of the package for non-receipt at the address indicated, the costs of reshipping the package to the new address provided will be borne by the Customer.

The Customer fully and exclusively assumes the risks relating to the Items from the time of their delivery.

DELIVERY TIMES

The Items are delivered to the delivery address indicated by the Customer when placing the Order no later than the date indicated when placing the Order, depending on the country of delivery.

In mainland France, SUNAIA makes its best efforts to deliver the Order within a maximum period of 15 days and undertakes that the Order will be dispatched within 3 (three) working days from the Order.

In the event of a delay in delivery of more than 14 working days compared to the aforementioned maximum period, the Customer may contact SUNAIA, by e-mail to request the cancellation of his Order within 60 working days.

The contract and therefore the sale will be considered terminated upon receipt by SUNAIA of the email or a letter by which the Customer informs him of his decision unless the delivery has taken place between the sending and the reception of the Customer's email or letter.

In the event that the Order is definitively cancelled, the Customer will obtain a refund of the price paid for his Order within 30 days of the cancellation confirmed by e-mail.

In the event that the Customer receives the package after the cancellation of his Order, SUNAIA will reimburse the Items and the return costs, upon receipt of all of them in their perfect original condition.

Each delivery is deemed to have been made as soon as the package is made available to the Customer, in particular by the carrier, materialized by the control system used by the carrier.

If the package is damaged or if the Item does not correspond to the Customer's Order, the Customer must contact customer service directly by email to obtain a return agreement within 7 days of receipt.

If on the occasion of the same Order, the delivery dates of several Articles differ, the delivery date is based on the date furthest from the date of the order.

FEEDBACK

In the event of the delivery of an Item that does not correspond to the Customer's Order, or of a defect related to transport, or that does not meet its requirement, the Customer may return the said Item to SUNAIA. The costs of returning the latter will be borne by the customer.

The Customer must return the non-compliant Item to obtain reimbursement of the price of his Order.

To qualify for the refund:

The Customer must contact SUNAIA, imperatively no later than 14 days following the day of delivery of the Order.
Any claim made after this period cannot be accepted and SUNAIA will be released from all liability,
if the exchange or refund conditions are met, SUNAIA will send a return validation to the Customer.
The Customer may then proceed with the return, within 14 days after receipt of the package, of his or her non-compliant Item(s), in the original packaging of the Items, by registered post.

Items must be returned in new condition:

• With label
• With hygienic protection
• Must be free of stains, odors or hairs.

Returns and exchanges are not possible during sale sales.

Any non-compliant return will be rejected and SUNAIA will be released from all liability.

The costs related to the return of the Items will be reimbursed by SUNAIA only in cases where the Item delivered is different from the one ordered.

RIGHT TO RETRACT

In accordance with national and European legal provisions protecting consumers, the Customer has a period of 14 clear days from receipt of his Order to exercise his right of withdrawal and this without having to justify reasons or pay penalties, with the exception, where applicable, of return costs.

These items must be returned properly protected, in their original packaging (carefully opened packaging will not be considered damaged packaging) and in perfect condition for resale (undamaged, undamaged, unused or soiled by the Customer ). SUNAIA thus advises the Customer to carry out the fittings of the products of his order by keeping a bottom of underwear underneath.

Once the return has been validated, SUNAIA undertakes to reimburse the Customer for all sums paid, excluding shipping costs, for his Order, as soon as possible and, at the latest within thirty days following the date on which which this right has been exercised, to the Customer's bank account used for payment of the Items.

As part of the right of withdrawal, the costs and risks associated with the return remain the responsibility of the Customer.

CUSTOMER SERVICE

For any information or questions, for order follow-up, to exercise the right of withdrawal or to exercise the guarantee, the Customer must contact customer service by email by filling out the contact form located on the contact page of the site.

GUARANTEES

The Articles are guaranteed against defects of conformity and redhibitory defects under the conditions provided for in articles 1641 to 1649 of the Civil Code and L 211-1 and following of the Consumer Code, and this from the date of delivery:

- article 1641 of the Civil Code: the seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired, or would have given only a lesser price, if he had known them.

- article 1648 paragraph 1 of the Civil Code: the action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

- Article L 211-4 of the Consumer Code: the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

- article L 211-5 of the Consumer Code: to comply with the contract, the goods must:

1/ Be specific to the use usually expected of a similar item and, where applicable:

- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2/ Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

- Article L 211-12 of the Consumer Code: the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

This guarantee allows the Customer to return the defective or non-compliant Items delivered for reimbursement under the aforementioned conditions.

CONVENTION ON EVIDENCE

The Customer acknowledges and accepts that the Order registration systems provide proof of all transactions between SUNAIA and the Customer.

The Customer acknowledges and accepts that proof of acceptance of the GCS is characterized by checking the mention - I have read and I accept the general conditions of sale. -

To this end, the Customer acknowledges and accepts that the computerized data stored within SUNAIA's computer servers under reasonable conditions of security and integrity, are considered, irrefutably, as proof of acceptance of the terms of the GCS. and proof of all transactions between SUNAIA and the Customer.

SUNAIA will archive the Purchase Orders and invoices on a reliable and durable medium, in accordance with the provisions of article 1348 of the Civil Code and guarantees access to them to the Customer at any time if he so requests in accordance with the provisions of the Article L. 134-2 of the Consumer Code.

Consequently, unless manifest error of SUNAIA proven by the Customer, the latter cannot contest the admissibility, the validity or the probative force of the GCS and the content of the Order, on the basis of any legal provision whatsoever and which would specify that certain documents must be written or signed to constitute proof.

Thus, these elements constitute evidence and, if produced as evidence by SUNAIA in any contentious or other proceedings, will be admissible, valid and enforceable in the same way, under the same conditions and with the same probative force as any document that would be drawn up, received or kept in writing.

At any time, the Customer has the option of printing, downloading, and keeping a copy of the GCS in paper and electronic form.

RESPONSIBILITY _

SUNAIA reserves the right to modify the information contained in this Site at any time and without notice.

SUNAIA undertakes to describe with the greatest accuracy the Items sold on the Site and to ensure, under the best possible conditions, the updating of the information which is disseminated there.

However, SUNAIA cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Site.

In the event of non-substantial differences between the presentation photos of the Articles on the Site, texts and illustrations and the Articles ordered, SUNAIA will not be held liable.

The Customer acknowledges and accepts that the prices of the Items are likely to vary between the Website and the stores, and that in no case can this price difference be the basis for a request for reimbursement, either total or partial, of the Items purchased either on the Site. , or in stores.

SUNAIA cannot be held liable in the event of a breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts.

In particular SUNAIA will not be held responsible for any non-performance or delay in the execution of Orders, caused by events beyond its control (“Cases of Force Majeure”).

A Case of Force Majeure includes any act, event, non-completion, omission or accident beyond the control of SUNAIA and includes in particular (without limitation):

1. Strikes, shutdowns or other industrial actions.

2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war.

3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.

4. Impossibility of using transport by rail, boat, plane, road or other means of private or public transport.

5. Inability to use public and private telecommunications networks.

6. Acts, decrees, legislation, regulations or restrictions of any government.

7. Strike, failure or accidents in maritime, postal or other transport.

The execution of the GCS will be suspended for as long as the Case of Force Majeure lasts and the execution and delivery deadlines will be extended accordingly. SUNAIA will endeavor as far as possible to put an end to the case of Force Majeure or to find a solution allowing it to perform its contractual obligations despite the case of Force Majeure.

SUNAIA is only responsible for any direct and foreseeable damage at the time of the use of the site or the conclusion of the sales contract with the Customer, excluding any indirect damage.

LICENCE

SUNAIA grants a limited license to access and use the Site for personal and non-professional or commercial use of the Site in favor of the Client.

Under no circumstances is the Customer authorized to download or modify all or part of this Site without the express written authorization of SUNAIA.

This Site or any part of this Site must under no circumstances be reproduced, copied, sold or exploited for commercial or professional reasons without the express written authorization of SUNAIA.

The Customer must not use techniques allowing the copying of a brand, a logo or any other information (in particular images, text, models) of which SUNAIA is the owner without its express and written agreement.

SUNAIA authorizes the Customer, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the Site on the condition that this link cannot be created against the Articles, SUNAIA or any of its registered trademarks, a misleading, false, pejorative, infringing character or which may be detrimental to SUNAIA.

Under no circumstances will the creation of this hypertext link engage the responsibility of SUNAIA, for any reason whatsoever.

PROTECTION OF PERSONAL DATA

The personal data collected on the Site is intended for SUNAIA with the consent of the Customer.

SUNAIA undertakes to protect the personal data of its Customers.

All personal data concerning the Customer collected by SUNAIA is treated with the strictest confidentiality, in accordance with the provisions of Law 78-17 of January 6, 1978 relating to Data Processing, Files and Freedoms, for the purposes of processing Orders. .

The information and personal data of Customers are necessary for the management of Orders and relations with Customers, as well as to keep them informed of all offers and commercial information likely to interest them.

They may be transmitted to service providers and contractual partners who intervene and contribute to the management of Orders.

This information and the management of Orders are also kept for security purposes, in order to comply with legal and regulatory obligations and to allow SUNAIA to improve and personalize the services offered to Customers.

In accordance with the data-processing law and freedoms of January 6, 1978, the Customer has a right of access, rectification and opposition to the personal data concerning him.

To exercise this right, the Customer must send an email or letter to SUNAIA Customer Service by filling out the contact form located on the site or by writing to the following address: SUNAIA Customer Service, BP26 33400 Talence and indicating their name. , first name, e-mail address and customer references.

Each request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specifying the reply address. This response will then be sent within 2 months of receipt of the request.

When entering personal data on the Site and prior to their collection, any Customer has the option of accepting to receive information relating to SUNAIA's Articles.

In accordance with the legislation in force, such information will only be sent to the Customer if and only if he has expressly agreed to receive it.

COMMERCIAL OFFERS AND NEWSLETTERS

SUNAIA is likely to send Customers commercial offers by post, email, sms, telephone or via all the web spaces run by SUNAIA on social networks, subject to prior acceptance.

The Customer has the option at any time to oppose his commercial prospecting mailings free of charge, by clicking on the “unsubscribe” link appearing in each email.

COOKIES

During the consultation of the site, information relating to the navigation of the Customers is likely to be recorded in files - Cookies - installed on their terminal (computer, tablet, Smartphone).

These cookies are issued by SUNAIA in order to facilitate navigation on the site and make it possible to recognize the Customers' browser when they are connected to the Site.

These cookies are issued in order to:

- establish attendance statistics (number of visits, page views, abandonment in the ordering process, . . )

- adapt the presentation of the Site to the display preferences of the terminals,

- memorize information entered in forms, manage and secure access to reserved and personal spaces such as the Customer account and to manage the Order basket.

SUNAIA reserves the right to install cookies in the Customer's computer during visits to the Site.

A cookie is a small file that is sent to the Customer's computer and stored on its hard drive.

A cookie does not identify the Customer but is intended to signal any previous visit by the Customer to the Site in order to help SUNAIA to personalize its services.

The Customer can make settings so that cookies are deactivated and thus prevent cookies from being installed, without his express consent, on his computer.

Any configuration implemented by the Customer may modify Internet browsing and the conditions of access to certain services on the Site requiring the use of Cookies.

The Customer may express and modify his wishes in terms of cookies at any time, by the means described below.

The Site uses computer applications from third parties, which allow the Customer to share Site content with other people or to inform these other people of his opinion concerning Site content. (Social networks such as Facebook, Instagram, Google+, Twitter, etc.).

When the Customer consults a page of the Site containing a button - Share - or - Like -, his browser establishes a direct connection with the servers of the social network concerned.

If he is connected to the social network during his navigation, the application buttons make it possible to link the pages consulted to his account.

If he interacts by means of the plug-ins, for example by clicking on the "Like" button or by leaving a comment, the corresponding information will be transmitted to the social network concerned and published on his account.

If the Customer does not want social networks to link the information collected through the Site to his account, he must disconnect from the social network concerned before visiting the Site.

SUNAIA is in no way responsible in any capacity whatsoever for the content or operation of any of the social networks, including those that may be linked to the Site.

INTELLECTUAL PROPERTY _

SUNAIA is the exclusive owner of the intellectual property rights:

on the Articles offered on the Site,
on the brands associated with the Articles,
on the Site, and in particular on its tree structure, on the organization and title of its sections, on the visual and graphic identity, on its design, on its ergonomics, its functionalities, on the software, texts, animated or fixed images , sounds, know-how, drawings, graphics and any other element making up the Site,
on the databases, their structure and their contents, designed and managed by SUNAIA for the needs of the edition of the Site,
on all the design elements of the Site, whether graphic or technical,
on the names, acronyms, logos, colors, graphics, or other signs that could be used, produced or implemented by SUNAIA.
It is therefore prohibited to reproduce in any form whatsoever, directly or indirectly, the elements referred to in the preceding paragraph, as well as to alter the trademarks, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available within the Site, and more generally to use or exploit these elements other than within the framework of the execution of the present.

As such, the reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.

Any other use, except with the prior written authorization of Sunaia, constitutes an infringement and is sanctioned under intellectual property.

Any creation of hypertext links to the home page of the Site, or any other page of the Site, is subject to the prior written consent of Sunaia.

MODIFICATION OF THE T&Cs

Given the possible evolutions of the Site and the regulations, Sunaia reserves the right to modify the GCS at any time.

The new GCS will, where applicable, be brought to the attention of the Customer by online modification and will only apply to sales made after the modification.

APPLICABLE RIGHT

These T&Cs are subject to French law.

Any dispute will fall under the exclusive jurisdiction of the French courts of the Customer's place of residence, in the absence of an amicable agreement between the Customer and Sunaia .