TERMS AND CONDITIONS FOR SUPPLY OF GOODS AND SERVICES TO CONSUMERS

Welcome to the Suns Lifestyle Ltd terms and conditions for the supply of goods and services to consumers. Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to. Your attention is drawn in particular to the provisions of clause 11 (Limitation of Liability).

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:

• “we”, “us” or “our” means Suns Lifestyle Ltd;
• “you” or “your” means the person using our site to buy goods from us; and
• “services” means the installation services supplied by us to you for the installation of our pergolas.

If you have any questions about this contract or any orders you have placed, please contact us by:

• sending an email to service@sunslifestyle.com; or
• calling us on 01277 321888 (our telephone lines are open Monday to Friday: 9 am to 5 pm).

Where to find information about us and our products

You can find everything you need to know about us, Suns Lifestyle Ltd, and our products and services on our website before you order. We also confirm the key information to you in writing after you order, either by email, in your online account or on paper.

The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.

1. INTRODUCTION
1. If you buy goods and services on our site you agree to be legally bound by this contract. If you do not agree with any of the terms in this contract, you will not be allowed to buy any goods and services on our site.
2. These terms and conditions apply only if you are buying goods and services on our site as a consumer (i.e. for purposes outside of your business, craft or profession). If you are buying goods and services on our site in the course of business, our business terms and conditions apply to such purchases, which can be accessed [insert link].
3. This contract is only available in English. No other languages will apply to this contract.
4. When buying any goods and services on our site you also agree to be legally bound by our website terms and conditions of use and any documents referred to in them. These documents form part of this contract as though set out in full here.
2. YOUR PRIVACY AND PERSONAL INFORMATION
1. Our Privacy Policy is available at [insert link].
2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
3. ORDERING GOODS AND SERVICES FROM US
1. The provisions below describe how a legally binding contract between you and us is made.
2. You place an order for goods and services on www.sunslifestyle.com by pressing the ‘confirm order’ button at the end of the checkout process and paying for your chosen goods and services. You will be guided through the process of placing an order by a series of simple instructions on our site. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us. By submitting your order, you make an offer to purchase our goods and services and we may accept or reject this offer.
3. When you place your order at the end of the online checkout process (e.g. when you click on the ‘confirm order’ button), we will acknowledge it by email. This acknowledgement does not mean that your order has been accepted by us.
4. We may contact you to say that we do not accept your order. This is typically for the following reasons:
1. the goods are unavailable;
2. we cannot authorise your payment;
3. you have ordered too many goods; or
4. there has been a mistake on the pricing or description of the goods or services (or both);
5. we cannot carry out the services (for example, because we have a shortage of staff);.
5. When we reject your order we will let you know as soon as possible we will refund any sums you have paid or, if clause 3.4.1 applies, we may offer a substitute in accordance with clause 8.6.
6. We will only accept your order when we email you to confirm this (or telephone you if you have requested this option) (Confirmation Email). At this point:
1. a legally binding contract will be in place between you and us; and
2. we will arrange to dispatch the goods to you and arrange to install them (if we offer installation in relation to your goods and you have chosen this option).
4. RIGHT TO CANCEL

Goods:

1. You have the right to cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire 14 days after the day on which you, or someone you nominate, acquires physical possession of:
1. the goods (unless one of the options below applies to your order); or
2. the last good (if you ordered multiple goods in one order and they are being delivered separately); or
3. the last lot or piece (if you ordered a good that consists of multiple lots or pieces); or
4. the first good (if you ordered goods to be delivered regularly over a set period of time).

Services:

1. You have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the services during the cancellation period and the services are fully performed (i.e. the work is completed) during this period. This is further explained in clauses 4.6 and 4.7.
2. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
3. We will not start providing the services during the 14-day cancellation period unless you ask us to. When you place an order for services, you will be given the option to tick a box to request for us to start providing the services during the cancellation period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once the services are fully performed (i.e. the work is completed). If you do not tick the box, we will not be able to start providing the services to you until the cancellation period has expired. We are not obliged to accept your request.
4. This means that if you requested for us to start providing the services during the cancellation period and the services are fully performed (i.e. the work is completed) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.
5. This does not affect the rights you have if your services are faulty. A summary of these rights is provided at the top of this page. See also clause 11 below.

Goods and Services:

1. To exercise the right to cancel, you must let us know by:
1. filling out the model cancellation form available here [insert link] and sending it to info@sunslifestyle.com; or
2. contacting us by email or telephone using the contact details at the top of this page or by post to Suns Lifestyle Customer Services, Units 1&2 The Heron Country Club, Brentwood Road, Herongate, Essex CM13 3LW.
2. To meet the cancellation deadline, it is sufficient for you to send your cancellation request before the cancellation period has expired. Please note that you will be responsible for showing that your request was sent within the cancellation period in the event of any dispute.
3. [You do not have the right to cancel and will not be entitled to a refund (unless such goods are faulty) in respect of goods which become inseparably mixed with other items after delivery (e.g. [examples]).]
1. EFFECTS OF CANCELLATION

Goods:

1. If you cancel this contract, we will refund all payments received from you, including the cost of standard delivery. We will only refund the cost of standard delivery, even if you chose a more expensive delivery option.
2. We may make a deduction from the refund for loss in value of any goods supplied, if the loss is the result of your handling of the goods in a way beyond what is necessary to establish the nature, characteristics and functioning of the goods (e.g. beyond what might reasonably be permitted in a shop).
3. We will issue the refund within:
1. 14 days after the day we receive the goods back from you; or
2. (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
3. if no goods have been supplied, 14 days after the day on which you told us that you want to cancel this contract.
4. We will make the refund using the same payment method you used to make your purchase, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
5. If you have received the goods:
1. you have to return them to us within 14 days of you informing us that you wish to exercise your right to cancel; and
2. you can return the goods by:
1. bringing the goods to our warehouse at [address]. You will need your email receipt and the card you paid with; or
2. sending the goods back to us using an established delivery service (if you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you do not do this and we do not receive the goods at all or within a reasonable time we will not refund you the price); or
3. arranging for us to collect the goods.
6. You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately £200.

Services:

1. If you cancel this contract, we will refund to you all payments received from you unless you requested for us to start providing the services during the cancellation period, in which case you must pay us:
1. for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract; or
2. the full price under this contract, if you lost your right to cancel this contract because the services were fully performed (i.e. the work was completed) during the cancellation period.
2. We will issue the refund without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
3. We will make the refund 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 refund.
1. DELIVERY AND INSTALLATION OF GOODS
1. For information on delivery options and costs, visit our webpage [insert link]. During the online checkout process, you will be given available delivery options to choose from.
2. The estimated date for delivery and (where applicable) installation of the goods is set out in the Confirmation Email (see clause 3.5). 
3. If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery. See clause 7 for what happens if there are any problems in installing the goods.
4. Delivery and (where applicable) installation of the goods will take place at the address specified by you when you placed your order with us. Please ensure you are available to sign for the delivery. Where goods are required to be signed for, these must be signed for by an adult aged 18 years or over. 
5. If nobody is available to take delivery and (where applicable) allow installation, please contact us using the contact details at the top of this page. If you fail to take delivery and (where applicable) allow installation of your goods on the estimated delivery/installation date, you may be responsible for any reasonable storage charges incurred by us as a result of your failure to take delivery or allow installation.
6. Unless you and we agree otherwise, if:
1. we refuse to deliver your goods within 30 days of the date of your Confirmation Email; or
2. you informed us prior to entering into this contract that delivery of the goods at an agreed time or within 30 days of the date of your Confirmation Email is essential and delivery does not occur at the agreed time or within that period; or
3. it is apparent from the circumstances that delivery of the goods at an agreed time or within 30 days of the date of your Confirmation Email is essential and delivery does not occur at the agreed time or within that period;

then you have the right to cancel the contract.

1. If we cannot deliver and (where applicable) install your goods within 30 days of the date of your Confirmation Email, and none of the circumstances at clause 6.5 above apply, you may specify a further reasonable period for delivery and (where applicable) installation. Unless you and we agree otherwise, if we cannot deliver and (where applicable) install your goods within this further period, we will:
1. let you know;
2. cancel your order; and
3. give you a refund.
2. You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the goods.
3. We do not make deliveries to or install goods at any addresses outside of the UK.
4. We may deliver and (where applicable) install your goods in instalments. If you want to see whether your goods may be delivered and installed in this way, click on the [insert details such as ‘key information’ button] at any time during the online checkout process.
1. CARRYING OUT OF THE SERVICES
1. We will carry out the services by the time or within the period which you and we agree. If you and we have agreed no time or period, we will carry out the services within a reasonable time. Lead times for the installation of our goods generally range from four to eight weeks, though we make no guarantees as to this time period.
2. Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can start or restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to start or restart the services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include:
1. you change the services (and this means we have to do extra work or wait for extra materials);
2. we have to wait for your other providers to complete their work before we are able to carry out the services;
3. we cannot access the site at the times we agreed with you;
4. you have not prepared the site in accordance with our Pergola Pre-Installation Guide [insert link]; 
5. you have not correctly measured the installation site in accordance with our guide [insert link]; or
6. poor weather conditions.
3. If we cannot install your goods at the time and on the date agreed because of something you have done, or omitted to do, for example because we cannot access the site at the times we agreed with you or because you have not prepared the site in accordance with our Pergola Pre-Installation Guide ([insert link]), you may be responsible for any reasonable storage charges incurred as a result and a reasonable additional fee may be charged for our installation team to return on another date.
2. PAYMENT
1. We accept the following credit cards and debit cards: Mastercard, Visa, Maestro, American Express and Paypal. We do not accept cash or cheques.
2. Payments are made via secure Opayo or Paypal. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods or services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 2) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us. To avoid a third party gaining unauthorised access to any information that you provide to us, we recommend that you install appropriate anti-virus software on your computer.
3. Your credit card or debit card will be charged when we receive your order.
4. All payments by credit card or debit card need to be authorised by the relevant card issuer. Additional security steps may also be required such as: Verified by Visa, Mastercard®SecureCode^TM, or American Express SafeKey.
5. Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 4 and 5.
6. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges. For information on delivery options and costs, visit our webpage [insert link to delivery costs page]. 
3. NATURE OF THE GOODS
1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality. If we provide installation services, the goods must be installed correctly.
2. For some of our goods, we may be able to provide you with small fabric and aluminium samples at your request. If we provide samples, the goods will match those samples unless we have informed you of any differences between the goods and the samples prior to you placing your order
3. We are under a legal duty to supply you with goods that are in conformity with this contract.
4. The packaging of the goods may be different from that shown on the site.
5. While we try to make sure that:
1. all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to [insert figure]% in such weights, sizes and measurements in the following goods: [insert details]; and
2. the colours of our goods are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.
6. Any goods sold at discount prices, as remnants or as substandard, will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
7. If we cannot supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case:
1. we will let you know if we intend to do this but this may not always be possible; and
2. you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
8. Very occasionally goods featured on our site may be known by different model numbers or branding names but are in fact the same product as stipulated by the manufacturer. These items may vary cosmetically; sometimes they are identical. We reserve the right to supply these as the goods listed on our site. These items will not be classed as substitute goods. If you are in any doubt please contact us using the contact details at the top of this page before placing your order.
4. NATURE OF THE SERVICES
1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The services that we provide to you must be carried out with reasonable care and skill. In addition:
1. where the price has not been agreed upfront, the cost of the services must be reasonable; and
2. where no time period has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.
2. We are under a legal duty to supply you with services that are in conformity with this contract.
5. FAULTY GOODS OR SERVICES
1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
1. contact us using the contact details at the top of this page; or
2. visit the Citizens Advice website www.citizensadvice.org.uk.
2. If there is something wrong with your goods, the remedies for goods will apply. If there is something wrong with the services provided to you, the remedies for services will apply. In practice, there may be some overlap between the remedies available to you and we will try to agree the most appropriate course of action to with you.
3. You should examine your goods as soon as reasonably possible after delivery and (where applicable) installation, and notify us of any fault or damage as soon as reasonably possible.
4. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
5. If the goods or services we have provided to you are faulty, please contact us using the contact details at the top of this page.
6. END OF THE CONTRACT

If this contract is ended, it will not affect our right to receive any money which you owe to us under this contract.

1. LIMITATION OF OUR LIABILITY
1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
1. losses that were not foreseeable to you and us when the contract was formed;
2. losses that were not caused by any breach on our part;
3. business losses; or
4. losses to non-consumers.
2. THIRD PARTY RIGHTS

No one other than a party to this contract has any right to enforce any term of this contract. However, if a person acquires the goods lawfully from you, you may transfer our guarantee to that person. You can do this by emailing info@sunslifestyle.com and copying in the new owner. This also applies where we have provided services in respect of an item you have transferred. 

1. DISPUTES
1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, the services we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
2. If a dispute cannot be resolved in accordance with our complaints procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
3. If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
4. The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
5. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.