SUNNY DAY is a company registered in Hong Kong SAR. Our registered shop address is Unit D9, 5/F, Hoover Industrial Building, 26 - 38 Kwai Cheong Road, Kwai Chung, N.T., Hong Kong.
2. PROHIBITIONS AND FAILURE TO COMPLY
We may take actions against your account for activities including, but not limited to:
- Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way
- Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material
- Advertising or sending unsolicited messages of any kind
- Impersonating others or providing any kind of false information
- SUNNY DAY reserves the right to terminate any account at its sole discretion. We may send you an email to inform you of the termination of your account in such event.
3. INTELLECTUAL PROPERTY
All software and Content (which is defined as, or includes, any text, audio or music, video, graphics, photographs, and image) are the intellectual property of SUNNY DAY or its business partners and are protected by intellectual property and copyright laws and international treaty provisions. The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by SUNNY DAY and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of SUNNY DAY. Any such unauthorized actions may result in civil consequences or criminal penalties. SUNNY DAY reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.
4. THIRD PARTY LINKS
5. ELIGIBILITY TO PURCHASE
In order to place orders with us, you must meet our conditions of eligibility:
- Be aged 18 years of age or over
- Be in possession of a valid PayPal account, unless you have opted to visit our shop and pay in cash.
- Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site)
All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers. The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.
6. PRODUCT DESCRIPTION
SUNNY DAY will endeavour to ensure that the Content and the product descriptions on the Site to be accurate and complete as possible. We however do not warrant that Content and product descriptions are accurate, complete, current or error-free. Please refer to our Returns policy if you feel a product offered by SUNNY DAY is not as described.
Prices are shown on the Site in Hong Kong Dollars (HKD). Prices displayed on the Site at the time your order is accepted will be honoured except in the case of obvious error. Whilst we use our best endeavours to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.
We accept payments made by PayPal, by bank deposit, as well as payments in cash at our shop. By placing an order using PayPal, you confirm that the PayPal account used is yours or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to SUNNY DAY, we will not be liable for any delay or non-delivery. Our payment processes meet the stringent international security standards set down by the Payment Card Industry to make your shopping experience safe and secure.
9. ACCEPTANCE OF YOUR ORDER
Once you have entered your personal and payment details and placed your order, we shall send you an email acknowledging the receipt of your order. This email is only a confirmation of receipt of your order and does not constitute an acceptance of your order. Your order will be accepted and the contract between you and SUNNY DAY will be completed when we send you an email to confirm the goods have been dispatched to you. Only the goods listed in the confirmation email sent at the time of dispatch are included in the contract formed. All sales contracts are therefore concluded in Hong Kong SAR and are written in English. SUNNY DAY reserves its right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, one of the following:
- The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items.
- We identify a pricing or product description error.
- We are unable to obtain full payment.
- You do not meet the eligibility criteria to purchase as set out in this TOS.
- Our Customer Service team will contact you as soon as possible if there are any problems with your order.
10. SHIPPING AND COLLECTIONS
You will be given an indication of the expected delivery time when you place your order online. SUNNY DAY’s team will try their best to meet these estimates but cannot guarantee that such estimates must be met. SUNNY DAY insures each order through transit up until it is delivered to you or is collected. You need to sign a confirmation of receipt of the products when the products are collected and by doing so, you accept the responsibility for the products ordered from that moment on. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept this signature as an evidence of delivery and fulfilment of your order by SUNNY DAY. You also accept the associated transfer of responsibility in the same way. SUNNY DAY provides free shipping on all orders above HK$1000 (after discounts and vouchers have been applied). Orders under HK$1000 will be subjected to a shipping fee of HK$50. SUNNY DAY reserves the right to update its shipping policy at its sole discretion without prior notice.
If you are not entirely satisfied with your purchase, simply return the item to us within 14 days of your purchase, together with your receipt. Refund or exchange can only be given for items which are unused and in the original packaging. Please note that, for reasons of hygiene, we are unable to offer exchanges on any opened or used product, food and skincare products.
All delivery fee or postage of exchanged products are at customers' own cost. You are welcome to come to our shop if you need to refund or exchange a purchase.
12. YOUR RIGHTS
Nothing in the TOS is intended to affect your rights under the Law in Hong Kong SAR.
Views expressed in any media by the designers, companies or third parties, whose products are sold on the Site or with whom we are associated, are their own. SUNNY DAY takes no responsibility for any such views as they do not necessarily reflect ours. SUNNY DAY does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed. Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, SUNNY DAY will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TOS.
14. INDEMNITY AND WAIVER
At our request, you agree to compensate us fully and hold us, SUNNY DAY (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes the use of the Site by any other persons using your account caused by your action or inaction. If you breach the TOS and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach the TOS.
We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please contact our Customer Care team for any order related complaints or comments. SUNNY DAY respects the intellectual property of others. If you have reason to believe your work may have been used in the Site without your permission, please contact us following this complaints handling procedure.
16. GOVERNING LAW AND JURISDICTION
The TOS, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these TOS.
Version: December 2014