General terms and conditions

Terms and Conditions - Sunstate-style.com

1. Definitions and Scope

1.1 In these Terms and Conditions, the following definitions apply:

  • Offer: The products offered by the intermediary.

  • Intermediary: Sunstate Style.

  • Order: The product ordered by the buyer for which an agreement has been established.

  • Cooling-off period: The period within which the consumer can exercise their right of withdrawal.

  • Consumer: A natural person who is not acting in the course of a profession or business and enters into a distance contract with an intermediary.

  • Dropshipping: The buyer places an order via the website, whereby the intermediary is authorized to act as an intermediary (and not on its own account and risk) to establish an agreement for one or more products between the buyer and the supplier. The payment under the agreement is processed via the intermediary, and the supplier delivers the product directly to the buyer.

  • Form: The withdrawal form provided by the supplier, which a consumer may complete to exercise their right of withdrawal, as included in the annex to the terms.

  • Right of withdrawal: The right of the consumer to terminate the agreement during the cooling-off period.

  • Buyer: The person with whom an agreement is concluded on behalf of the supplier.

  • Supplier: The supplier of a product.

  • Agreement: A contract established or to be established between the buyer and the supplier through the mediation of an intermediary regarding the purchase of products, where only one or more remote communication techniques are used.

  • Product: A good offered by the supplier on the website via dropshipping.

  • Written communication: Any digital communication using symbols that can be stored on a durable data carrier and whose format is determined by the intermediary.

  • General Terms and Conditions: The terms and conditions set by www.sunstate-style.com, which acts as an intermediary.

1.2 These terms and conditions apply to every offer made by the intermediary, every order placed, and every agreement concluded, including any amendments, additions, or subsequent agreements.

1.3 The applicability of any general or (purchase) terms and conditions of the buyer is explicitly rejected.

1.4 Articles 11.5, 11.6, 12, 13, and 14 of these General Terms and Conditions apply only to consumers.

1.5 If one or more provisions of these Terms and Conditions are deemed wholly or partially void at any time, the Agreement and these Terms and Conditions shall remain in force, and the relevant provision will be immediately replaced by a provision that closely matches the original intent and meaning.

 

 

2. Dropshipping

2.1 The supplier's details are listed on the website.

2.2 If the supplier is not based in Australia, the ordered product will be registered in the buyer's name. Any additional costs such as VAT, customs duties, and other government levies shall be borne by the buyer.

2.3 The prices stated in the offer exclude VAT, other government levies, shipping costs, and any transport and packaging costs, unless explicitly stated otherwise.

2.4 Payment for the order is processed through the intermediary, who pays the supplier on behalf of the buyer.

2.5 The price difference between the amount paid by the buyer for the order and the amount paid by the intermediary to the supplier serves as compensation for the intermediary’s services.

 

 

3. Offer

3.1 Each offer by the intermediary has a limited validity period, namely until a product is out of stock, unavailable from the supplier ("expiration"), or no longer available for order via the website.

3.2 If an offer is made under specific conditions, this will be explicitly stated in the offer.

3.3 Each offer is non-binding. The intermediary reserves the right to modify the offer at any time.

3.4 Each offer contains a full and as accurate a description as possible of the products to enable the buyer to make an informed decision. Product images are a truthful representation of the product. However, the intermediary cannot guarantee that the displayed colors precisely match the actual colors of the product.

3.5 All product images and descriptions are for reference purposes only and cannot serve as grounds for claims for compensation or contract cancellation due to inaccuracies or deviations unless such deviations significantly alter the fundamental nature of the product.

3.6 The intermediary is not obliged to honor any offer that the buyer could reasonably recognize as an obvious typographical or clerical error. No rights can be derived from such an error.

 

 

4. Agreement

4.1 Subject to the provisions of Article 4.5, an agreement is concluded when the buyer accepts the offer and places an order under the specified conditions.

4.2 The agreement is concluded in English unless the intermediary provides the terms and communications in another language via the website. In that case, an agreement may also be concluded in that language, and the buyer may communicate in that language with the intermediary.

4.3 If the buyer accepts the offer electronically, the intermediary will confirm receipt of acceptance immediately via electronic means, thereby establishing the agreement. Until the intermediary confirms acceptance, the buyer may cancel the agreement.

4.4 The intermediary will take appropriate technical and organizational measures to secure electronic data transfers and provide a secure environment. If the buyer can pay electronically, the intermediary will implement appropriate security measures.

4.5 The intermediary may conduct checks to determine whether the buyer can meet their payment obligations and any other relevant factors for responsibly entering into the agreement. If the intermediary has valid reasons not to enter into the agreement, it reserves the right to refuse the order or impose special conditions.

4.6 The buyer must provide all necessary information as requested by the intermediary in a timely manner. If the buyer fails to do so, the intermediary has the right to suspend execution of the agreement and/or charge additional costs due to the delay.

4.7 The intermediary is not liable for any damages resulting from incorrect or incomplete information provided by the buyer unless the inaccuracy or incompleteness was evident to the intermediary.

 

 

5. Price

5.1 The prices stated in the offer are based on prevailing cost factors, such as import/export duties, shipping and unloading costs, insurance, and taxes. Any favorable or unfavorable changes in these costs at the time of arrival, departure, or delivery shall be borne by the buyer.

5.2 The stated prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. If an incorrect price is published, the intermediary is not obligated to deliver the product at that incorrect price.

5.3 A quoted price does not obligate the intermediary to deliver part of the goods at a proportionate price unless explicitly agreed otherwise.

6. Conformity and Warranty

6.1 In accordance with the information provided in these General Terms and Conditions, the products comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing legal and regulatory provisions at the time of the agreement's conclusion.

6.2 The intermediary points out that certain products have a limited shelf life, which is stated on the respective product. The buyer must take this into account to ensure the quality and safety of the product according to the supplier's warranty.

6.3 Any defects or incorrectly delivered products must be reported to the intermediary in writing within four (4) weeks after delivery. Products must be returned in their original packaging and unused condition.

6.4 The intermediary’s warranty period corresponds to the manufacturer's warranty period. However, the intermediary is never responsible for the ultimate suitability of the products for individual use by the buyer, nor for any advice regarding the use or application of the products.

6.5 In the event of a warranty claim, the intermediary may choose to either replace or repair the item. In the case of replacement, the buyer agrees to return the replaced item to the intermediary.

6.6 The warranty does not apply if:

  • The buyer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.

  • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the intermediary’s instructions and/or the instructions on the packaging.

  • The defect is entirely or partially due to government-imposed or to-be-imposed regulations regarding the nature or quality of the materials used.

 

 

7. Delivery and Execution

7.1 The intermediary will execute product orders with the utmost care.

7.2 The delivery address is the address provided by the buyer at the time of ordering.

7.3 The intermediary will send and execute accepted orders in a timely manner.

7.4 All delivery times are estimates. Delivery times for products from outside the Netherlands may be longer than those stated on the website, depending on the supplier's delivery times. The buyer cannot derive any rights from these estimates.

7.5 If an order cannot be executed or can only be executed partially, the buyer will be notified within 30 days after placing the order.

7.6 The intermediary is entitled to deliver items in parts unless this deviates from the agreement or if partial delivery has no independent value. The intermediary is entitled to invoice separately for such delivered items.

7.7 The delivery times listed on the website are only indicative.

7.8 Exceeding the stated delivery time does not entitle the buyer to terminate the agreement or claim compensation unless expressly agreed otherwise.

7.9 If cancellation occurs according to clause 7.5, the intermediary will refund the amount paid by the buyer as soon as possible, but no later than 14 days after cancellation.

7.10 If delivery of an ordered product proves impossible, the intermediary will strive to make a replacement product available. The buyer will be informed clearly and comprehensibly at the time of delivery that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The return costs are borne by the intermediary.

7.11 The risk of damage and/or loss of products rests with the intermediary until the moment of delivery to the buyer or a previously designated and known representative of the intermediary, unless explicitly agreed otherwise. Accepting goods without comments on the consignment note/invoice serves as proof that the packaging was in good condition at the time of delivery.

 

 

8. Payment

8.1 Unless otherwise agreed, the amounts due by the buyer must be paid immediately upon placing the order.

8.2 The buyer is obliged to report inaccuracies in provided payment details to the intermediary immediately.

8.3 If the buyer fails to meet their payment obligations on time, they are legally liable for interest on the outstanding amount. If the buyer is not a consumer, the statutory commercial interest rate applies. The intermediary is entitled to charge collection costs in accordance with legal regulations.

 

 

9. Website and Product Regulations

9.1 The intermediary is not responsible for errors and/or irregularities in the operation of the website. The intermediary is not liable for any disruptions or the website being unavailable for any reason.

9.2 The intermediary does not guarantee the accurate and complete transmission of email content or other digital communications sent by or on behalf of the intermediary.

9.3 The intermediary disclaims all liability for damages suffered by buyers and third parties due to improper, incorrect, or unnecessary use of the products. Products must be used in accordance with the instructions.

 

 

10. Force Majeure

10.1 The intermediary is not liable if obligations cannot be fulfilled due to force majeure, including supplier failure, government restrictions, power failures, internet and telecommunications outages (e.g., cybercrime, hacking), natural disasters, war, and transport disruptions.

10.2 If the force majeure period lasts longer than two months, both parties have the right to dissolve the agreement without any obligation to compensate damages.


11. Data Protection

11.1 The personal data of the buyer is recorded in a database. These data are primarily used for the execution of the agreement. Upon request, the intermediary may send information about its products, such as newsletters and offers, to the buyer. The buyer may object at any time to the use of personal data for direct marketing purposes and/or the further receipt of (certain) marketing information by notifying the intermediary.

11.2 The buyer agrees to the use of electronic communication. The buyer acknowledges that, despite all reasonable security measures taken by the intermediary, electronic communication is not secure and may be intercepted, manipulated, infected, delayed, or misdirected, for example, due to viruses and spam filters. The intermediary cannot provide absolute security against unauthorized access.

11.3 The intermediary will take appropriate measures to ensure the confidentiality and secure storage of personal data.

11.4 In the execution of the agreement, personal data may also be transferred to countries outside the European Union, for example, to a supplier in China, because otherwise the agreement between the buyer and supplier cannot be executed and the delivery of the order cannot take place. However, the intermediary will provide contractual guarantees regarding this transfer.

11.5 A buyer who is a consumer has the right to request the supplier in writing to access the personal data processed by the supplier and/or (if applicable) to correct, supplement, delete, or block this data. A request for access and/or correction should be addressed to the management of the intermediary. Upon first request of the buyer, the registered personal data will be made available, corrected, or deleted.

11.6 The personal data of the buyer, who is a consumer, will not be provided to third parties unless the intermediary is obliged to do so by applicable laws and regulations or it is necessary for the execution of the agreement.

 

 

12. Consumer Rights

12.1 Before a contract is concluded with a consumer, the text of these general terms and conditions will be made available to the consumer in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, before the contract is concluded, it will be indicated where the terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request.

12.2 The intermediary will make the following information available via the website, ensuring it can be stored on a durable medium:

  • The conditions under which and the way in which the consumer can submit a complaint;

  • The conditions under which and the manner in which the consumer may exercise their right of withdrawal, or a clear statement if the right of withdrawal is excluded;

  • Information about warranty and after-sales service; and

  • The withdrawal form.

12.3 The consumer may contact the intermediary for the exercise of all statutory rights they have against the supplier, provided this is in accordance with the general terms and conditions.

12.4 Any guarantee provided by or on behalf of the intermediary or supplier does not affect the statutory rights that the consumer has under the agreement against the intermediary.

12.5 If Article 7.5 applies, the consumer has the right to terminate the contract free of charge for products that cannot be delivered or are not delivered within a reasonable period.

12.6 The intermediary may deviate from Article 8.3 regarding collection costs charged to the consumer.

 

 

13. Right of Withdrawal

13.1 When purchasing products, the consumer has the right to withdraw from the agreement without giving any reason within 14 days. This reflection period begins the day after receipt of the product by the consumer or a representative designated by the consumer and communicated to the intermediary.

13.2 During the cooling-off period, the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, the consumer must return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable instructions provided by the intermediary.

13.3 If the consumer wishes to exercise their right of withdrawal, they must notify the intermediary within 14 days after receipt of the product using the withdrawal form. Once the consumer has expressed their intention to withdraw, they must return the product within 14 days to the intermediary or supplier. The consumer must provide proof that the returned product was sent within the specified timeframe.

 

14. Costs of Withdrawal

14.1 If a consumer exercises their right of withdrawal, the return shipping costs shall be borne by the consumer.

14.2 If the consumer has made a payment, the intermediary will refund the amount as soon as possible, but no later than 14 days after receipt of the withdrawal notification. Refunds will be made using the same payment method that was used for the purchase unless the consumer explicitly agrees to a different payment method, which the intermediary must also accept. A refund will only be processed if the product has been received by the intermediary or supplier, or if conclusive proof of full return shipment is provided.

14.3 If the product has been damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value.

 

 

15. Complaints and Disputes

15.1 If the buyer has a complaint, they must report it in writing to the intermediary.

15.2 A complaint does not suspend the obligations of the buyer or intermediary, unless the intermediary indicates otherwise in writing.

15.3 A complaint about the execution of the agreement must be submitted in writing and with reasons within seven (7) days after the buyer has discovered the defects.

15.4 A complaint must be answered within 14 days from the date of receipt by an authorized representative. If a complaint requires a foreseeable longer processing time, the complainant will be informed within 14 days about the delay and given an estimated time frame for resolution.

15.5 The intermediary has at least four (4) weeks to resolve a complaint in mutual consultation. After this period, the complaint is considered a dispute under Article 15.8.

15.6 If the intermediary finds a complaint justified, they will replace or repair the delivered products free of charge. If a complaint cannot be resolved through mutual agreement, it will be considered a dispute under Article 15.8.

15.7 If the complainant is a consumer, they can also submit their complaint to a dispute resolution body via the European ODR platform (https://ec.europa.eu/consumers/odr/).

15.8 All disputes arising from or related to the agreement to which these terms apply will be governed exclusively by Dutch law, regardless of the residence of the buyer or a third party. The competent court in the Netherlands shall have exclusive jurisdiction unless mandatory legal provisions dictate otherwise.

15.9 The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

 

Contact Information:
Business Name:  www.sunstate-style.com

Address: Wolgastraat 17 Assen, Netherlands

Email: info@sunstate-style.com

Contact: here

Customer Service: Monday to Friday: 9:00 AM – 5:00 PM

We do our best to reply to your e-mail within 1-2 business days.

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