Terms of service
Welcome to the SUNNIES STUDIOS website. By using the website and its related services, products, and software (collectively, the "Website"), you agree to be bound by these terms and conditions of use ("Terms and Conditions"). You also accept the Terms and Conditions when you create an account, sign in as a guest, or log in to the Website. Additional or separate terms may apply to your interactions with your use of individual services or features available on the Website, such as comments and reviews. To the extent that the provisions of any additional or separate terms conflict with these Terms and Conditions, the provisions of the additional or separate terms will govern. Sunnies may make changes to the Website and the Terms and Conditions and render them effective immediately upon posting in the Website without prior notice. It is your responsibility to review the Terms and Conditions for updates or changes. If you do not agree with the Terms and Conditions, you should not use the Website for any purpose therefore.
1. Definitions and Interpretation
Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. Whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly”, or any references to a number of months, means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions. In the event of a conflict or inconsistency between any two or more provisions under these Terms and Conditions, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Sunnies and the provision which is more favorable to Sunnies shall prevail.
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions.
- “Account” means the Customer’s online account created once the registration procedure described in these Terms and Conditions has been completed.
- “Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Philippines.
- “Customer” means an authorized user of the Online Store, who must be an individual over the age of 18 and who possess a valid credit or debit card issued by a bank deemed acceptable by Sunnies.
- “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
- “Listing Price” means the price of Products for sale to Customers, as stated on the Online Store.
- “Online Store” refers to the website operated and/or owned by Sunnies of which the Customer is an authorized user, and through which he or she may place Orders. The Online Store is accessed through the following URL: https://www.sunniesstudios.com.
- “Order” refers the Customer’s order for Products he/she wishes to purchase through the Online Store, which has been placed in accordance with the procedures specified in these Terms and Conditions.
- “Order Form” shall refer to the form which the Customer must complete in order to place an Order for Products through the Online Store.
- “Payment Processor” shall refer to third-party company appointed by Sunnies to handle all credit card and other online payment options made available on the Online Store.
- “Password” refers to the valid password that a Customer who has registered an account with Sunnies may use in conjunction with the Username to access the relevant Online Store and/or Services.
- “Personal Data” means data, whether true or not, that can be used to identify, contact or locate the Customer. Personal Data includes the Customer’s name, e-mail address, billing address, shipping address, phone number and credit card information.
- “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers through the Online Store.
- “Sunnies” shall refer to SUNNIES BY CHARLIE INC., a company incorporated pursuant to the laws of Philippines, with SEC registration number CS201318005 and principal office at 10 Calle Industria, Quezon City, Metro Manila.
- “Trademarks” means the trademarks, service marks, trade names and logos belonging to Sunnies and used and displayed on the Online Store.
- “Username” refers to the unique login identification name or code which identifies a Customer who has an account with Sunnies.
2. Use of the Online Store
Registration for the Online Store: The Customer may register an Account with the Online Store by supplying Sunnies with his or her name, address, postal code, email address, and such other personal information as may be required by the Online registration form. The Customer shall be responsible for the accuracy of all information which he/she provides Sunnies and hereby agrees to indemnify and hold Sunnies free and harmless against any claim or liability for the unauthorized or illegal disclosure or use of such personal information made by Customer. The Customer will also be required to provide a Username and a corresponding Password, which information will be necessary for accessing his or her Account. The Customer must keep the password confidential and immediately notify Sunnies of any unauthorized use or access of his or her Account, Password, email address, or any other breach of security known to him or her.
Use of the Online Store shall not be restricted to only Customers who have registered Accounts. Customers may place Orders and purchase Products through the Online Store as “guest shoppers”, provided they supply their name, address, postal code, email address, and such other personal information as may be required by the Order Form.
Valid E-mail required for registration: The Customer must be registered with a valid personal email address that is accessed by him regularly. Sunnies reserves the right to terminate without notice any Accounts which have been registered with erroneous, false or non-existent e-mail addresses and other information, and to require the Customer to validate Accounts as a required step for the registration process.
Security of personal information: The Customer is responsible for maintaining the confidentiality of his or her Account, Password, and other personal information, and Sunnies shall not be held liable or responsible in any manner for any breach of security or unauthorized access or use of the Customer’s Account resulting from the Customer’s failure to maintain the confidentiality of such information.
Access of the Online Store: Sunnies is entitled to treat any use or access of the Online Store under a Customer’s Account as being made by the Customer himself and no other person, and that likewise any information, data or communications referable to the Customer’s Account shall be deemed to have been supplied by the Customer himself and no other person. Sunnies shall likewise be fully indemnified by the Customer against any claim, action, liability and/or for all losses attributable to any use of the Online Store referable to said Customer’s Username and Password.
Placing Orders and Making Online Payments: Customers may place Orders by clicking the “Add to Bag” button while viewing a Product’s web page. Customers will then be directed to a web page summarizing all the Products ordered by Customers ready for checkout. After Customers click the “Checkout” button, they will be asked to log in to their Account, or click the “I’m New Here” button should they not be registered. Thereafter, Customer will be directed to the Order Form where they must supply the details required and click the “Proceed” button. Customers will then be given the opportunity to review the details of their Order and enter any promotional codes they may have. Thereafter, Customers may click the “Place Order” button.
After placing their Orders, Customers will be directed to Sunnies’ Payment Processor’s page, where they will select their payment methods. Thereafter, they must supply all the necessary details required in the Payment Form, and click the “Pay Now” button. Customers will then be directed to a web page informing them if their online payment was successful.
After placing their Orders and making their online payments in accordance with the procedure described above, Customers will receive order confirmation emails verifying that Sunnies has received their Orders for review and processing. Thereafter, Customers will likewise receive shipping confirmation emails from Sunnies informing them that their Orders have been shipped.
Sunnies may, from time to time, and without giving any reason or prior notice, modify the procedure to be used for placing Orders through the Online Store. Sunnies shall not be bound to accept or process any Orders placed in a manner other than that specified herein or on the Online Store. The Customer shall be responsible for ensuring the accuracy of the Order and all the information supplied therewith.
No cancellation of Orders: All Orders placed in accordance with the procedures specified in item 2.5 above are final and are no longer subject to cancellation. Sunnies shall treat all such Orders as being irrevocable and unconditional.
Prohibited actions: The Customer shall not in any way use or submit anything through the Online Store in a manner which:
- is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;
- is fraudulent, criminal or unlawful;
- is inaccurate or out-of-date;
- may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- impersonates any other person or body or misrepresents a relationship with any person or body;
- may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of Sunnies or any third party;
- is contrary to any specific rule or requirement under these Terms and Conditions or otherwise found on the Online Store; or
- involves the delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Modification of the Online Store: Sunnies may, from time to time, and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Online Store or any product or service provided through the same, without liability for doing so.
Rights of Sunnies: Sunnies reserves the right, but not the obligation to:
- monitor, screen or otherwise control any activity, content or material on the Online Store, and, in its sole and absolute discretion, investigate any violation of these Terms and Conditions and take any corresponding action it deems appropriate to protect its interests as well as those of its Customers and the public in general;
- refuse, prevent, or restrict access of any Customer to the Online Store for any reason at its absolute discretion;
- report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to cooperate with such authorities and provide relevant information as may be required therefore;
- request any information and data from the Customer in connection with the use of the Online Store at any time; and
- deny, restrict, suspend or revoke service to any Customer who refuses to supply the information and/or data requested under the previous item, or where Sunnies has reasonable ground to believe that inaccurate, misleading or fraudulent information and/or data has been provided by the Customer.
3. Purchase of Products
Compliance with rules and guidelines: The Customer agrees to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Online Store, as well as any amendments to the aforementioned, issued by Sunnies from time to time. Sunnies reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time at its sole and absolute discretion. The Customer is deemed to be aware of and bound by any changes to the foregoing upon their posting on the Online Store or upon such other method of notification as determined by Sunnies.
Product descriptions: Sunnies makes no warranty that the descriptions of the Products found on the Online Store are absolutely accurate, current, or free from error. Pictures and images on this Website are for illustration purposes only. No qualities or characteristics of the products depicted herein could be inferred from the relevant pictures. In the event that the Product received by the Customer is of a fundamentally different nature from the Product ordered as described on the Online Store, the provisions of these Terms and Conditions under clause 7 on “Returns, Repairs, and Replacements” shall apply.
Prices of Products: The prices of the Products payable by a Customer shall be the Listing Price at the time the Order was placed. All Listing Prices are subject to all applicable national and/or local governmental taxes and duties where the Orders are deemed placed and where they are delivered, as the case may be, unless otherwise stated. Sunnies reserves the right to amend the Listing Prices at any time without giving any reason or prior notice and such amendments to the Listing Prices shall be effective and binding on Customers immediately upon posting in this Website.
No representations or warranties: Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Online Store shall be borne by the Customer, and Sunnies shall not be liable therefor. All data and/or information contained in the Online Store are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory are given in connection with the Online Store. To the extent allowed under Philippine law, no condition is made or to be implied nor is it warranted, expressly or impliedly, that:
- the life or wear of the Products or that they will be suitable for any particular purpose or use under any specific conditions;
- the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained on the Online Store;
- the Online Store or the Products will be available and provided in an uninterrupted manner, secure or free from errors or omissions, or that any identified defect will be corrected;
- the Online Store is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros;
- that any transmission of information by or to the Customer through the Online Store will not be accessed by unauthorized third parties, nor be free from interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
Exclusion of liability: Sunnies shall not be liable for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
- any access, use and/or inability to use the Online Store;
- reliance on any data or information supplied by the Customer through the Online Store;
- any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
- any use of or access to any other website or webpage linked from the Online Store.
Extinguishment of actions: Any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against Sunnies within two (2) years from the date of actual delivery, or from the scheduled delivery of the Product, whichever comes earlier.
Limitations On Quantity: Products available for purchase from Sunnies are intended for non-commercial use, and purchase of any merchandise for resale purposes is prohibited. Sunnies reserves the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. Sunnies will notify Customer if such limits are applied. Sunnies reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
4. Delivery of Products
Delivery Address: Delivery of the Products ordered shall be made to the address supplied by the Customer in the Order Form. Sunnies will not be held responsible for Orders lost or delayed due to inaccurate and/or incomplete delivery details provided by the Customer. Sunnies may charge Customer for the additional delivery charges it may incur for re-delivery of the Products due to such inaccurate and/or incomplete delivery details.
Delivery and packing charges: Delivery and packing charges by Sunnies and/or its service provider shall be those specified on the Online Store and set out in the Order at the time such Order was placed.
Projected delivery dates: The Customer acknowledges that delivery of the Products is subject to their availability. Sunnies will make every reasonable effort to deliver the Product to the Customer within the projected delivery date stated on the relevant page on the Online Store. However, the Customer acknowledges that all delivery timeframes given are estimates only and delays may take place. Sunnies shall not be responsible for unreasonable delays or failure to deliver the Products due to causes beyond its control.
Deemed receipt: In the event the Customer does not receive the Product by the projected delivery date, and provided that said Customer gives notice to Sunnies through email at email@example.com, through calling our helpline (+63 917 6321 483), or through other means provided in the Online Store, within three (3) days immediately from such projected delivery date, Sunnies shall endeavor to locate and deliver the Product. The failure to give due notice within the aforementioned three-day period shall result in the Customer being deemed to have received the Product subject to his or her rights under Philippine law.
The Customer may pay for the Product, together with all taxes, duties, packing and delivery charges using any of the payment methods prescribed by Sunnies and indicated on the appropriate pages of the Online Store from time to time. Sunnies reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice or giving any reason.
6. Repair, Replacement or Return of Products
Repair, Replacement or Refund Policy: Within seven (7) days from the date of delivery of the Product, the Customer may request for its repair or replacement when such Product as received is faulty or damaged. The damage for which the Customer may request for Repair or Replacement as referred to in this clause is limited exclusively to factory defects, and does not include damage caused by extensive use of the product and normal wear and tear, damage caused by wrong use of cleaning products, damage caused by alterations made by the Customer to the Product, damage otherwise caused by the Customer’s improper handling of the Product, or by abnormal storage and or working conditions, accident, or negligence on the part of the Customer. Sunnies will replace the faulty or damaged item in case it cannot be repaired with exactly the same item or the same item of different size in good condition. If the item is no longer available, Sunnies will coordinate with the Customer for a suitable replacement or for the refund of the purchase price.
Products purchased in conjunction with a promo cannot be replaced.
7. Risk and property of the Goods
Risk of damage or loss: The risk of damage to, loss, or deterioration of the Products shall pass to the Customer at the time of delivery, or at the time Sunnies or its agents has tendered delivery of the Products if the Customer wrongfully fails or refuses to accept delivery of the said Products.
Ownership of the Products: Notwithstanding delivery and the passing of risk in the Products, ownership of the ordered Products shall not pass to the Customer until Sunnies has received in the manner prescribed by it under clause 5, in cleared funds, full payment of the price of the Products including all taxes and delivery and packing charges due thereon. Until such time as the ownership of the ordered Products passes to the Customer, the Customer shall hold said Products as Sunnies's fiduciary agent and bailee and shall keep them separate from his or her own property. Likewise, until such time as the ownership in the ordered Products passes to the Customer, Sunnies shall be entitled at any time to demand the Customer to deliver the Products to Sunnies. In the event of the Customer’s non-compliance, Sunnies reserves it’s right to take legal action against the Customer for the delivery of the Products and to seek damages and all other costs including but not limited to legal fees against the Customer.
Indemnification: The Customer shall indemnify Sunnies and all of its respective officers, employees, directors, agents and contractors against all loss, damages, costs, expenses and legal fees incurred by Sunnies in connection with the assertion and enforcement of Sunnies's rights under this condition.
8. Limitation of Liability
Sole Remedies of the Customer: The remedies set out under clause 6 are the Customer’s sole and exclusive remedies for non-conformity of or defects in the Products.
Maximum Liability: Notwithstanding any other provision of these Terms and Conditions, Sunnies’ maximum cumulative liability to the Customer or to any other party arising out of or relating to the sale of Products through the Online Store, shall not exceed the sums actually paid by the Customer for the Products purchased thereby.
9. Intellectual Property
The Intellectual Property in and to the Online Store and the materials found thereon are owned, licensed to or controlled by Sunnies and its licensors or service providers. Unless the prior written authorization of Sunnies or the appropriate copyright or trademark owners has been obtained, no part or parts of the Online Store, the Website or the materials found thereon may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment. Neither shall the Customer remove or alter the trademarks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products without the aforementioned prior written authorization of Sunnies or the appropriate copyright or trademark owners. Nothing in the Online Store, the Website and in these Terms and Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any materials or trademarks displayed on the Online Store or Website, without the prior written authorization of Sunnies or the appropriate copyright or trademark owners. Sunnies reserves the right to enforce its Intellectual Property Rights and those of its licensors or service providers to the fullest extent of the law.
10. Force Majeure
Sunnies shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms and Conditions or any part thereof, or for any inaccuracy, unreliability or unsuitability of the Online Store's or Website’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Sunnies’ reasonable control.
Sunnies’ failure to enforce these Terms and Conditions shall not constitute a waiver of these terms or of any continuing or succeeding breach of such provision, or a waiver of such provision, or a waiver of any right under these Terms and Conditions, and such failure shall not affect the right of Sunnies to later on enforce the same.
If at any time any provision of these Terms and Conditions shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force and continue to be binding.
13. Governing Law
These Terms and Conditions shall be governed by, and construed in accordance with the laws of Philippines. Any legal action arising from these Terms and Conditions initiated by a party shall be brought exclusively in the proper courts of Quezon City, Metro Manila, and the prevailing party shall be entitled to reasonable attorney’s fees.
Sunnies reserves the right to amend these Terms and Conditions at any time by posting said amendments on the Online Store or by using such other method of notification as it may determine. Customers who make purchases of Sunnies’ Products through the Online Store must read and agree to the latest Terms and Conditions in force at the time their Orders are placed and shall be bound thereby. Customers who successfully place Orders in this manner are deemed to have accepted the Terms and Conditions in force at the time the Orders are placed.
15. Entire Agreement
These Terms and Conditions of Sale shall constitute the entire agreement between Sunnies and the Customer relating to the subject matter hereof, and supersedes and replaces in full all prior understandings, communications and agreements whatsoever with respect to the subject matter hereof.
16. General Provisions
Cumulative rights and remedies: Unless otherwise provided under these Terms and Conditions, Sunnies’ rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies Sunnies may have in law or in equity. Further, no exercise by Sunnies of any one right or remedy under these Terms and Conditions, or at law or in equity, shall operate so as to hinder or prevent its exercise of any other such right or remedy under these Terms and Conditions, or at law;
Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Sunnies’ part shall be subject to correction without any liability on its part.
Currency: Money references under these Terms and Conditions shall be in Philippines Pesos when delivery is to be made in the Philippines. For deliveries to be made in any location outside of the Philippines, the money reference shall be in United States Dollars.
Subcontracting and delegation: Sunnies reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms and Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Sunnies deems appropriate.
Disclaimer: Sunnies cannot and does not represent or warrant that the Website or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements. The website and all information, content, materials, products, services, and user content included on or otherwise made available to you through the Website are provided by Sunnies on an "as is," "as available" basis, without representations or warranties of any kind. Sunnies makes no representations or warranties of any kind, express or implied, as to the operation of the Website, the accuracy or completeness of the Website contents, or that emails sent from Sunnies are free of malware or other harmful components. You expressly agree that your use of the Website is at your sole risk. Sunnies will not be liable for any damages of any kind arising from the use of the Website or the site contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing. To the full extent permitted by applicable law, Sunnies disclaims any and all representations and warranties with respect to the Website and the Website contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.
The views and opinions expressed by users of this Website are solely those of the original authors and other contributors. These views and opinions do not necessarily represent those of Sunnies, nor its staff, and/or any/all contributors to this Website. Sunnies is not responsible for the accuracy of any of the information supplied by the users.
International Shipping Policy: Customer agrees that any purchased Products licensed or sold on the Website, are subject to the customs and export control laws and regulations of the Philippines, as well as the customs and import control laws and regulations of the country in which the Products are manufactured and/or delivered and agrees to abide by applicable laws, rules, and regulations. Sunnies will make commercially reasonable efforts to estimate the amount of export and import duties, charges, fees and other expenses (said estimate, the “Estimate”). However, the Estimate may be more or less than the final actual amount of export and import expenses due and payable. Sunnies has no control over the export or import expense and cannot always predict what the final actual amounts may be. For greater certainty, Customer should contact the local customs office for further information on the import taxes and customs duties that may be applicable to the purchase of Products. Customer agrees and acknowledges that (i) the actual import fees may be more or less than the Estimate; (ii) Customer (and not the broker, the shipper, Sunnies or any other party) must bear the responsibility of paying all actual import expenses; (iii) in the case that any entity other than Customer must pay some or all of the actual import expenses on behalf of Customer to effect customs clearance, Customer will reimburse (upon request) that entity in full for the actual import expenses paid on its behalf; and (iv) failure by Customer to pay import expenses in a timely manner may not only cause delays beyond the original delivery estimates, but also may put Customer at risk of potential liability for taxes and other expenses.
International Returns Policy: Within fourteen (14) days from the date of delivery of the Product, the Customer may request for its repair or replacement when such Product as received is faulty or damaged. The damage for which the Customer may request for Repair or Replacement as referred to in this clause is limited exclusively to factory defects, and does not include damage caused by extensive use of the product and normal wear and tear, damage caused by wrong use of cleaning products, damage caused by alterations made by the Customer to the Product, damage otherwise caused by the Customer’s improper handling of the Product, or by abnormal storage and or working conditions, accident, or negligence on the part of the Customer. Sunnies will replace the faulty or damaged item in case it cannot be repaired with exactly the same item or the same item of different size in good condition. If the item is no longer available, Sunnies will coordinate with the Customer for a suitable replacement or for the refund of the purchase price. For customers outside the Philippines, return shipping including import duties, taxes and other expenses will be shouldered by the customer. Returned items will only be accepted if it is in good condition and with complete packaging (pouch, plastic bag and tag).