Terms of service

Terms of Service

OVERVIEW

Welcome to SunnyKits.

The terms “we,” “us,” and “our” refer to SunnyKits. SunnyKits operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience.

These Terms of Service, together with any policies referenced here, describe your rights and responsibilities when you visit, use, or purchase from our website.

Please read these Terms carefully. By visiting, interacting with, or using our website or services, you agree to be bound by these Terms of Service, our Privacy Policy, our Return and Refund Policy, and any other policies posted on this website.

If you do not agree to these Terms of Service, you should not access or use this website or purchase products from SunnyKits.

SECTION 1 - ACCESS AND ACCOUNT

By using this website, you represent that you are at least the age of majority in your state, province, or country of residence.

To use certain features of the website or to place an order, you may be asked to provide information such as your name, email address, billing address, shipping address, payment information, and other order-related details.

You agree that all information you provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account information and for all activity that occurs under your account.

You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to display product information, images, colors, dimensions, materials, descriptions, prices, and availability accurately.

However, product colors and appearance may vary depending on your device, screen settings, photography, lighting, manufacturing variation, or product updates.

SunnyKits products are intended for general recreational outdoor use. They are not safety equipment, flotation devices, medical products, or protective gear.

Customers are responsible for using products appropriately, following any provided use or care instructions, and supervising children, pets, or vulnerable individuals when products are used outdoors.

We reserve the right to update, modify, discontinue, or limit the availability of any product at any time without prior notice.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase the products in your cart.

SunnyKits reserves the right to accept, decline, cancel, or limit any order at our discretion, including but not limited to orders that appear fraudulent, contain inaccurate information, violate these Terms, or are affected by pricing, inventory, or product errors.

Your order is not accepted until we confirm acceptance and process your payment.

Please review your order carefully before submitting it. Once an order has entered processing, we may be unable to accommodate cancellation or address change requests.

If we cancel or make a change to your order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange in accordance with our Return and Refund Policy.

You represent that your purchases are for personal or household use and not for commercial resale, unauthorized distribution, or export.

SECTION 4 - PRICES, PROMOTIONS, AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product will be the price shown at the time your order is placed, subject to correction for any obvious error, system error, or pricing mistake.

Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs duties, import fees, or other charges that may apply.

We may offer promotions, discounts, bundles, or limited-time offers. These promotions may be governed by separate terms and may be changed, limited, or discontinued at any time.

You agree to provide current, complete, and accurate purchase, payment, and account information for all orders placed through our website.

You represent and warrant that you are authorized to use the payment method provided and that you will pay all charges incurred for your order, including product price, shipping, handling, taxes, and any applicable fees.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery information is described in our Shipping Policy.

Order processing times and delivery estimates are not guaranteed. Delivery may be affected by carrier delays, weather, holidays, customs processing, incorrect shipping information, or other events outside our control.

Once an order ships, tracking information will be sent by email when available. Tracking updates may take time to appear after the package has been handed to the carrier.

SunnyKits is not responsible for delays or failed delivery caused by incorrect, incomplete, or undeliverable shipping information provided at checkout.

If you have questions about your order or tracking information, contact us at support@sunnykits.com with your order number.

SECTION 6 - RETURNS AND REFUNDS

Returns and refunds are governed by our Return and Refund Policy.

To be eligible for a return, products must meet the conditions described in that policy.

Items sent back without first contacting us and receiving return instructions may not be accepted.

Refunds, if approved, will be issued to the original payment method. Processing times may vary depending on your bank, credit card company, PayPal, or payment provider.

SECTION 7 - INTELLECTUAL PROPERTY

All content on this website, including but not limited to text, images, graphics, logos, product names, product descriptions, page layouts, designs, icons, videos, audio, and other materials, is owned by or licensed to SunnyKits unless otherwise stated.

You may use this website for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, publish, display, transmit, sell, exploit, or create derivative works from any website content without our prior written permission.

SunnyKits names, logos, product names, page content, and design elements may not be used without our prior written consent.

All rights not expressly granted are reserved by SunnyKits.

SECTION 8 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to third-party tools, apps, payment providers, shipping providers, analytics tools, marketing tools, or other services.

These third-party tools and services may be provided “as is” and “as available.” We do not control all third-party services and are not responsible for their content, security, availability, policies, or practices.

Your use of third-party tools or services is at your own risk and may be subject to the third party’s own terms and policies.

SECTION 9 - THIRD-PARTY LINKS

Our website may contain links to websites, platforms, or services operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, security, privacy practices, or policies of third-party websites.

If you leave our website and access a third-party website, you do so at your own risk.

Complaints, claims, concerns, or questions about third-party products or services should be directed to the relevant third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

SunnyKits is powered by Shopify, which enables us to provide our online store and related services.

However, purchases made through our store are transactions between you and SunnyKits. Shopify is not responsible for any aspect of sales between you and SunnyKits, including any injury, damage, loss, claim, or issue related to products purchased from SunnyKits.

By using this website, you acknowledge and agree that Shopify and its affiliates are released from claims, damages, and liabilities arising from or related to your purchases and transactions with SunnyKits, to the extent permitted by applicable law.

SECTION 11 - PRIVACY POLICY

Our collection, use, disclosure, and protection of personal information is described in our Privacy Policy.

By using our website or services, you acknowledge that you have reviewed our Privacy Policy.

Because our store is powered by Shopify, certain personal information may also be collected and processed by Shopify and related service providers in order to provide and improve the services used to operate this store.

SECTION 12 - FEEDBACK, REVIEWS, AND USER CONTENT

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, photos, comments, or other content to us, you grant SunnyKits a worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, publish, distribute, display, and otherwise use such content for business, operational, marketing, or promotional purposes, to the extent permitted by applicable law.

You represent that you have the necessary rights to provide such content and that your content does not violate the rights of any third party.

We may, but are not required to, monitor, edit, or remove content that we determine to be unlawful, offensive, misleading, inaccurate, harmful, or otherwise objectionable.

You are solely responsible for any content you submit and its accuracy.

SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions, and to update information or cancel orders if any information on the website is inaccurate, including after an order has been submitted.

We are not obligated to update, amend, or clarify information on the website except as required by applicable law.

SECTION 14 - PROHIBITED USES

You may use this website only for lawful purposes.

You agree not to use the website or services:

• For any unlawful, fraudulent, harmful, or malicious purpose

• To violate any applicable law, regulation, rule, or ordinance

• To infringe upon our intellectual property rights or the rights of others

• To harass, abuse, insult, defame, intimidate, or harm another person

• To submit false or misleading information

• To upload or transmit viruses, malware, or harmful code

• To spam, phish, scrape, crawl, or collect information without authorization

• To interfere with or bypass security features of the website

• To impersonate another person or entity

• To use automated tools, bots, scrapers, or similar technologies in a way that harms or burdens the website

• To engage in activity that restricts or interferes with another person’s use of the website

We reserve the right to suspend, restrict, or terminate access to the website if we determine that you have violated these Terms.

SECTION 15 - TERMINATION

We may terminate or suspend your access to the website or services at any time, without notice, if we determine that you have violated these Terms or engaged in activity that may harm SunnyKits, our customers, our service providers, or the operation of our store.

You remain responsible for any amounts due up to and including the date of termination.

Sections relating to intellectual property, privacy, feedback, disclaimers, limitations of liability, indemnification, governing law, and any provisions that by their nature should survive termination will continue to apply after termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The website, services, and products are provided on an “as is” and “as available” basis, except as expressly stated by SunnyKits or required by applicable law.

We do not guarantee that the website will be uninterrupted, timely, secure, or error-free.

We do not warrant that the information on the website will always be accurate, complete, reliable, current, or free from errors.

To the fullest extent permitted by applicable law, SunnyKits disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Some jurisdictions do not allow certain warranty disclaimers, so some of the above limitations may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, SunnyKits, its partners, affiliates, employees, contractors, service providers, suppliers, licensors, and related parties will not be liable for any indirect, incidental, punitive, special, consequential, or similar damages arising from your use of the website, services, or products purchased through the website.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.

Nothing in these Terms limits any liability that cannot be limited under applicable law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SunnyKits, Shopify, and our affiliates, partners, employees, contractors, service providers, suppliers, and licensors from any losses, damages, liabilities, claims, costs, or expenses, including reasonable attorneys’ fees, arising from:

• Your breach of these Terms

• Your violation of any law or the rights of a third party

• Your misuse of the website or services

• Your submission of inaccurate, unlawful, or infringing content

We may assume control of the defense of any claim subject to indemnification, and you agree to cooperate with us in defending such claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms, and the remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies posted on this website, constitute the entire agreement between you and SunnyKits regarding your use of the website and services, and supersede any prior or contemporaneous agreements, communications, or proposals.

SECTION 21 - ASSIGNMENT

You may not transfer, assign, or delegate these Terms or your rights or obligations under these Terms without our prior written consent.

SunnyKits may transfer, assign, or delegate these Terms and our rights and obligations without notice or consent, to the extent permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide services to you shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

Nothing in these Terms limits any rights you may have under applicable consumer protection laws.

SECTION 23 - CHANGES TO THESE TERMS

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates and changes on our website.

It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes are posted constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

support@sunnykits.com