Terms of service
GENERAL TERMS AND CONDITIONS — SUNVARRA
This website is operated by Sunvesa Limited. By visiting our website and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation browsers, vendors, customers, merchants, and/or contributors of content.
Nothing in these Terms limits the mandatory rights afforded to consumers under applicable UK consumer protection legislation, including but not limited to the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection from Unfair Trading Regulations 2008, and the Unfair Contract Terms Act 1977.
SECTION 1 – WEBSITE TERMS OF USE
1.1 By agreeing to these Terms of Service, you represent that you are at least 18 years of age and have full legal capacity to enter into a binding agreement. If you are a parent or guardian permitting a minor to use the website, you are responsible for the minor's use of and obligations in relation to the Service.
1.2 You may not use our products for any unlawful or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any worms or viruses or any code of a destructive nature.
1.4 A breach or violation of any of the Terms may result in termination of your access to the Service in accordance with Section 19.
SECTION 2 – COMPANY IDENTITY
Company Name: Sunvesa Limited Company Registration Number (Companies House): 17152731 Brand: Sunvarra Customer Service Email: info@sunvarra.com Registered Address: 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom Telephone: +44 7735 006614
SECTION 3 – GENERAL CONDITIONS
3.1 We reserve the right to refuse service for legitimate reasons, provided such refusal does not contravene applicable anti-discrimination legislation or consumer protection rules.
3.2 You understand that your content (not including credit card information) may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
3.3 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
4.1 We endeavour to ensure that the information on this website is accurate, complete, and up to date, but we cannot guarantee this in all cases. The material on this website is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. This does not limit our obligations under the Consumer Protection from Unfair Trading Regulations 2008 or other mandatory rules regarding misleading commercial practices.
4.2 This website may contain certain historical information. Historical information is not necessarily current and is provided for your reference only.
4.3 We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website beyond what is required by law.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
5.1 Prices for our products are subject to change without prior notice. However, such changes shall not affect orders that have already been confirmed by us.
5.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without prior notice.
5.3 We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service, except where such liability arises under mandatory law.
SECTION 6 – PRODUCTS OR SERVICES
6.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange in accordance with Section 16 and your mandatory rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
6.2 We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your computer monitor's display of any colour will be entirely accurate.
6.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without prior notice, at our sole discretion, provided this does not affect already confirmed orders. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited by law.
6.4 Products sold to consumers are subject to the mandatory rules on conformity (satisfactory quality, fitness for purpose, and as described) under the Consumer Rights Act 2015. Nothing in these Terms restricts those rights.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
7.1 We reserve the right to refuse any order you place with us for legitimate reasons. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
7.2 These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the email address and/or billing address/telephone number provided at the time the order was placed, and any payments already made will be refunded in full without undue delay. We reserve the right to limit or prohibit orders that, in our judgement, appear to be placed by dealers, resellers, or distributors.
7.3 You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 – PRICE
8.1 All prices for products displayed on the website are stated strictly exclusive of value added tax (VAT), import duties, customs clearance charges, and any other local taxes or charges applicable in the destination country. As the Company does not charge VAT on these sales (see Section 12), the Customer is solely responsible for all such import-related costs.
8.2 Notwithstanding the foregoing paragraph, the Company may offer products or services at variable prices that are linked to fluctuations in the financial markets, over which the Company has no control. This dependence on market fluctuations and the fact that all stated prices may be indicative prices will be clearly indicated in the offer.
8.3 Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
8.4 Price increases occurring after 3 months from the conclusion of the contract are only permitted if the Company has agreed to this, and: (a) they are the result of statutory regulations or provisions; or (b) the consumer has the right to cancel the contract from the day the price increase takes effect.
SECTION 9 – OPTIONAL TOOLS
9.1 We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
9.2 You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement, to the extent permitted by mandatory law. We shall have no liability arising from your use of optional third-party tools, except to the extent required by mandatory law.
9.3 Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
9.4 We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
10.1 Certain content, products, and services available via our Service may include materials from third parties.
10.2 Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
10.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites, except to the extent required by mandatory law. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
11.1 If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively, "comments"), you grant us a non-exclusive, royalty-free, worldwide licence to edit, copy, publish, distribute, translate, and otherwise use in any medium any such comments. Your moral rights under the Copyright, Designs and Patents Act 1988 are acknowledged and cannot be transferred by these Terms. We are under no obligation: (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
11.2 We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
11.3 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
11.4 We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 12 – IMPORT AND VAT
12.1 Origin of Shipment. The Customer acknowledges that all goods ordered through this website are shipped directly by a third-party supplier located outside the European Union (EU) and the United Kingdom. The goods do not enter the commercial flow within the United Kingdom or the EU through the Company.
12.2 Place of Supply and VAT Exemption. Under applicable VAT regulations (including Articles 32–33 of EU Directive 2006/112/EC and corresponding national provisions such as Section 7 of the United Kingdom's Value Added Tax Act 1994), the place of supply for VAT purposes is deemed to be the country where the transport begins (i.e. outside the EU/UK). Accordingly, the Company does not charge any VAT on the sale of these goods. The prices displayed are therefore net of any VAT or import duties.
12.3 Customer as Importer. The Customer acts as the importer of record for the goods into the specified delivery country. The Customer is solely and fully responsible for complying with all import formalities and regulations of the destination country.
12.4 Customer's Sole Responsibility for Import Costs. The Customer acknowledges and expressly agrees that they are solely responsible for the declaration and payment of all applicable import costs upon the arrival of the goods in the destination country. This includes, but is not limited to: (a) import VAT at the rate applicable in the destination country; (b) customs duties, tariffs, or charges; (c) customs clearance fees, brokerage fees, or administrative charges levied by the customs authorities or postal/courier service.
These costs are typically collected from the Customer by the delivering postal or courier service prior to or upon delivery. The Company is not involved in the assessment or collection of these import costs.
12.5 No Liability for Import Costs or Delays. The Company shall under no circumstances be liable for any import VAT, customs duties, taxes, or charges levied on the goods, nor for any delays, seizures, or non-delivery resulting from the Customer's failure to comply with import regulations or to pay the necessary import costs. By placing an order, the Customer expressly accepts these terms and holds the Company harmless against any claims or costs related to the import process and associated charges.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
13.1 Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.
13.2 We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice if any information in the Service or on any related website is inaccurate (including after you have submitted your order). If we cancel an order, any payment you have made will be refunded in full without undue delay.
13.3 We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
14.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
14.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
15.1 We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
15.2 We reserve the right to suspend or withdraw the Service at any time for any period or to discontinue the Service without notice to you.
15.3 The Service and access to the website are provided on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, whether express or implied, to the extent permitted by mandatory law. This disclaimer does not apply to products sold to consumers; such products are subject to the mandatory rules on conformity and quality set out in the Consumer Rights Act 2015 (see also Section 16A).
15.4 To the extent permitted by mandatory law, in no case shall we or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any indirect, incidental, punitive, special, or consequential damages, including without limitation lost profits, lost revenue, lost savings, or loss of data, arising from your use of the Service or any products procured using the Service.
15.5 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; (d) liability under the Consumer Protection Act 1987; (e) breach of mandatory consumer protection rules, including the Consumer Rights Act 2015; or (f) any other liability that cannot be excluded or limited under mandatory UK law.
SECTION 16 – RIGHT OF CANCELLATION (DISTANCE CONTRACTS)
16.1 Right of Cancellation. As a consumer, you have the right to cancel the contract within 14 days from the day on which you, or a third party indicated by you (other than the carrier), receive the goods, without giving any reason, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
16.2 How to Exercise Your Right of Cancellation. To exercise the right of cancellation, you must inform us of your decision to cancel this contract by an unambiguous statement (e.g. a letter sent by post or email). You may use the model cancellation form in Section 16.7, but it is not obligatory. Send your notice to:
Sunvesa Limited Email: info@sunvarra.com Postal Address: 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
16.3 Refunds. If you cancel the contract, we shall reimburse all payments received from you, including the costs of delivery (except for any supplementary costs arising from your choice of a type of delivery other than the least expensive type of standard delivery we offer), without undue delay and no later than 14 days from the day on which we are informed of your decision to cancel the contract. We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.
16.4 Return Costs and Procedure. You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the direct cost of returning the goods. As the goods are shipped directly from a third-party supplier outside the EU/UK (see Section 12), you will receive return instructions including the return address once you have notified us of your decision to cancel the contract.
16.5 Diminished Value. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
16.6 Exceptions to the Right of Cancellation. The right of cancellation does not apply to:
(a) Sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery (this includes, among others, dietary supplements and similar health products where the inner or outer seal has been broken); (b) Goods that are made to the consumer's specifications or are clearly personalised; (c) Goods which are liable to deteriorate or expire rapidly; (d) Other exceptions under Regulation 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
16.7 Model Cancellation Form. You may use the following form to exercise your right of cancellation:
To: Sunvesa Limited, 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom — info@sunvarra.com
I/We () hereby give notice that I/We () cancel my/our () contract of sale of the following goods ()/for the supply of the following service (*):
Ordered on ()/received on (): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date:
(*) Delete as appropriate.
SECTION 16A – COMPLAINTS AND DEFECTIVE GOODS (CONSUMER RIGHTS ACT)
16A.1 In addition to the right of cancellation under Section 16, as a consumer you have the right to reject goods or claim a remedy for goods that do not conform to the contract in accordance with the Consumer Rights Act 2015. You have a short-term right to reject goods within 30 days of receiving them. Beyond 30 days, you retain the right to request a repair or replacement, and if this is unsuccessful, you may be entitled to a price reduction or a final right to reject, in accordance with the statutory time limits.
16A.2 Where goods are defective or do not conform to the contract, you are entitled to the remedies provided under the Consumer Rights Act 2015, which may include repair, replacement, price reduction, or the right to reject and receive a refund, depending on the circumstances.
16A.3 To make a complaint, please contact our customer service at info@sunvarra.com with a description of the defect and your order information. We will respond to complaints without undue delay.
16A.4 The provisions of this Section 16A do not restrict your statutory rights and shall be interpreted in light of mandatory UK consumer protection legislation.
SECTION 17 – INDEMNIFICATION
To the extent consistent with mandatory law, you agree to indemnify, defend, and hold harmless Sunvarra and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable solicitors' fees, made by any third party due to or arising out of your intentional or grossly negligent breach of these Terms of Service or the documents they incorporate by reference, or your intentional or grossly negligent violation of any law or the rights of a third party. This provision does not apply to normal use of the Service by a consumer acting in good faith.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – TERMINATION
19.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
19.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website. Termination shall not affect rights and obligations relating to already confirmed orders.
19.3 If you materially breach these Terms of Service, we may terminate your access to the Service with reasonable notice, or immediately if the breach cannot reasonably be remedied. You shall remain liable for all amounts due up to and including the date of termination. This provision does not limit your rights as a consumer under mandatory law.
SECTION 20 – ENTIRE AGREEMENT
20.1 Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
20.2 These Terms of Service and any policies or operating rules posted by us on this website or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
20.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – GOVERNING LAW AND JURISDICTION
21.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.
21.2 If you are a consumer habitually resident in the United Kingdom, this choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law applicable in your place of habitual residence. You retain the full consumer protection afforded by, among others, the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection from Unfair Trading Regulations 2008, the Unfair Contract Terms Act 1977, and the Consumer Protection Act 1987.
21.3 As a consumer, you may bring proceedings against us in the courts of England and Wales or, if different, in the courts of the part of the United Kingdom in which you reside. We may only bring proceedings against you in the courts of the part of the United Kingdom in which you reside. Disputes may also be referred to alternative dispute resolution in accordance with Section 22.
SECTION 22 – DISPUTE RESOLUTION
22.1 Alternative Dispute Resolution. If we are unable to resolve a dispute directly between you and us, you may as a consumer refer the dispute to an approved alternative dispute resolution (ADR) provider. We will indicate whether we are obliged or willing to participate in ADR.
You may also use the UK's Citizens Advice service for guidance: Citizens Advice: https://www.citizensadvice.org.uk
22.2 Before contacting an ADR provider, we ask that you first contact our customer service at info@sunvarra.com so that we have the opportunity to resolve the matter directly.
22.3 This section does not affect your right to bring proceedings before the courts in accordance with Section 21.3.
SECTION 23 – PRECEDENCE OF THESE TERMS OVER COUNTERPARTY TERMS
These Terms of Service shall take precedence over any terms of the counterparty in commercial relationships, including but not limited to those set out in purchase orders, invoices, or other documents issued by the counterparty. Any terms of the counterparty that conflict with or are inconsistent with these Terms of Service are expressly rejected and shall not apply, unless otherwise expressly agreed in writing by us. This section does not apply to consumers.
SECTION 24 – PRECEDENCE OF AGREEMENT
In the event of conflict or inconsistency between the provisions of these Terms of Service and the provisions of an individual written agreement between the customer and the Company, the terms of the individual agreement shall prevail, always subject to mandatory consumer protection rules.
SECTION 25 – FORCE MAJEURE
We are not liable for any failure or delay in the performance of our obligations under these Terms that is due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accident, strikes, or shortages of transportation, fuel, energy, labour, or materials. This does not affect your statutory right to a refund in the event of non-delivery.
SECTION 26 – PERSONAL DATA AND PRIVACY
The processing of your personal data is governed by our Privacy Policy and is carried out in accordance with the UK General Data Protection Regulation (UK GDPR) as retained under the European Union (Withdrawal) Act 2018 and the Data Protection Act 2018. You have, among other rights, the right to access, rectification, erasure, restriction of processing, data portability, and objection, as well as the right to lodge a complaint with the Information Commissioner's Office (ICO).
Information Commissioner's Office (ICO) Website: https://www.ico.org.uk
SECTION 27 – CHANGES TO TERMS OF SERVICE
27.1 You can review the most current version of the Terms of Service at any time on this page.
27.2 We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
27.3 Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes for future purchases. Changes do not apply retroactively to already confirmed orders.
Company Name: Sunvesa Limited Company Registration Number: 17152731 Registered Address: 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom Telephone: +44 7735 006614 Email: info@sunvarra.com