Terms & Conditions
Article 1: Scope
Unless in case of explicit written derogation by Sunny Europe NV, the present general conditions apply to all sales agreements between a buyer and Sunny Europe NV, with registered office in Belgium, at B-2030 Antwerp, Scheurweg 11 and with company number 0423.284.838, that have been closed through this website shop.sunny.eu (hereinafter referred to as 'the website'). Sunny Europe NV is hereinafter referred to by its trade name 'Sunny'.
Unless in case of explicit written derogation by Sunny, these general conditions supersede possible purchase conditions of a buyer, even in case such purchase conditions are not explicitly rejected. Neither are the present general conditions of Sunny to be replenished by such purchase conditions.
Article 2: Customs regulations
Sunny offers products at duty free prices which are only available to crew-members of IMO-registered vessels operating through international waters between seaports.
Article 3: Conclusion of an agreement
As the purchase is only effective with an eye on the export of goods to third countries, parties accept that the price displayed is excluding VAT and excise duties. Since the purchase is handled in Belgium and Sunny Europe is not responsible for the import to any third country, the buyer takes over risk and costs, including import clearance and duties to any third country, as soon as the goods are handed over on board of the vessel at the port of departure.
All products bought duty free may not re-enter the EU without customs formalities. All costs (duties, VAT & other fines) related to unauthorized re-entry of this duty-free goods into the EU are borne by the buyer.
To the extent that it appears that the customer - despite his declaration - does not export the goods to a third country, the customer will still be obliged to pay the applicable VAT, excise duties and /or other charges upon first request of Sunny Europe.
The offers made on the website may at all times prior to the conclusion of an agreement be altered or revoked by Sunny. An agreement is concluded at the moment that the client receives an order confirmation or confirmation of receipt of payment by Sunny. Sunny reserves the right not to accept an order, in which case the buyer will be notified as soon as possible.
Each agreement is deemed to be concluded at the place of the registered office of Sunny.
Article 4: Legal abuse or bad faith
In the event of a justified suspicion of legal abuse or bad faith on the party of the buyer, Sunny shall be entitled to dissolve the agreement at the expense of the buyer, without prejudice to the right of Sunny to claim damages resulting from legal abuse or bad faith of the buyer.
All costs that will emerge from an unauthorized purchase, legal abuse or bad faith will be charged to the buyer. An additional cost of 10% of the purchase amount with a minimum of 50€ will be charged for administration costs for orders placed by unauthorized buyers (see article 2).
In the event of justified suspicion of legal abuse or bad faith on the part of the buyer, Sunny is also entitled to close the buyer’s account, in which case the buyer will no longer be able to place orders via the website of Sunny.
Article 5: Possibility to renounce the agreement
The buyer has the right to, within a period of fourteen (14) calendar days from the day following the delivery of the goods, renounce the purchase, as mentioned in article 2, paragraph 3 of these general conditions without payment of fine and without giving any reason. To exercise the right of renouncement, the customer/buyer must inform Sunny, by post – addressed to the registered office in Belgium, B-2030 Antwerp, Scheurweg 11, or by e-mail firstname.lastname@example.org of his decision to renounce the agreement by means of an irrevocable statement. The buyer may use the attached model form, but this is not mandatory; In order to respect the period of renouncement, it is sufficient that the buyer sends his notice of renouncement to Sunny before the period of renouncement has expired.
The buyer who wishes to renounce the agreement, must return the product(s) without delay and in any case within fourteen (14) days from the day on which the buyer communicated his decision to renounce the agreement or to hand it over to Sunny at the following address: 2030 Antwerp Scheurweg 11 within the aforementioned period of fourteen (14) days. The buyer shall present the original invoice. In case the buyer invokes his right to renounce the agreement, he shall bear all costs for sending the purchased items back to Sunny. Renunciation is only accepted if the products are returned in their original, complete and unused condition, uncontaminated, undamaged and without breaking any seal. For cosmetics, perfumery and audio products that are contained in a full cellophane packaging, the cellophane packaging applies as a seal. The buyer does not have the right to renounce the purchase in case the goods purchased are food or drinks (of any kind), tobacco, software or audio or video recordings of which the package or seal has been broken. For body care products like shavers, trimmers, toothbrushes, etc., the buyer does not have the right to renounce the purchase, this due to hygienic reasons.
If the buyer renounce the agreement, Sunny will refund all payments received from the buyer, including the delivery costs (with the exception of the additional costs resulting from the buyer’s choice for a type of delivery that is more expensive than the least expensive method of delivery offered by Sunny) and this without any delay and in any case within fourteen (14) days after Sunny was informed of the decision of the buyer to renounce the agreement. Buyer will bear the return shipment cost, unless Sunny agreed to bear the cost.
Article 6: Guarantee
All products in our shop or webstore are guaranteed for a period of twenty-four (24) months, against defects of faulty workmanship and/or material.
Exceptions are made for following products/goods: food, drinks (of any kind), tobacco, software or audio or video recordings of which the package or seal has been broken. The two-year legal guarantee does not apply if the buyer was aware of the defect when the product was purchased or if it was caused by the buyer (due to incorrect treatment, failure to comply with the instructions, liquid damage, etc.).
The guarantee certificate of the buyer is the invoice of Sunny.
Article 7: Delivery
Products are delivered at the address given by the buyer at the moment of concluding the agreement. All costs of delivery to the vessel in the ports of Belgium, The Netherlands and German. Deliveries are carried out by Sunny Group. Costs relating to the return of the product(s) due to complaints are initially paid by the buyer and will be refunded if the complaint proves to be well-founded.
Payment must be made based on one of the payment facilities offered on the website. The buyer declares to only use debit cards or credit cards that he is entitled to use and declares that sufficient funds are available to complete payment. Payment by bank transfer is only possible if this has been
All delivery periods start at the moment of receipt of payment. The delivery periods are approximate. Prolongation of the delivery term does under no circumstances give rise to claims for damages towards Sunny.
Sunny will attempt to fulfil the order of the buyer. In case that Sunny should not be able to deliver (partly or fully) the order(s) of the buyer, Sunny will then contact the buyer in order to find a solution.
If Sunny cannot find a solution concerning the delivery, Sunny will refund the money on the credit card which was used by the buyer to pay the order.
Reasons for non-delivery:
- Customs regulations
- ISPS regulations
- Terminal regulations
- Agent regulations
- Time frame to arrange delivery
- Working hours
Due to customs regulations, all items must be accepted on delivery. In case of refusal, all items must be returned immediately to Sunny’s office so that new custom documents can be prepared.
Customs charges shall be borne by the buyer.
tobacco & alcoholic beverages must be put in the bonded store! With master permission.
Article 8: Customs instructions
Tobacco & alcoholic beverages are Duty Free products only available for seamen on sea-going vessels. They must be put in the bonded store, closed until the ship has left the harbor! Buying tobacco & alcoholic beverages must be with the master’s permission.
Article 9: Complaints
All complaints relating to visible defaults of the products are to be notified to Sunny, with its office at 2030 Antwerp, Scheurweg 11, within five (5) days following the date of delivery. Notifications as mentioned in the previous sentence have to be made by registered mail or explicitly mentioned on the freight letter. In case the buyer refuses to accept the products, the above-mentioned period starts at the moment the products have been presented to the buyer. Complaints for visible defaults have to be made before the product is put to use.
All complaints relating to invisible defaults of the products are to be notified immediately and at the latest within a period of eight (8) days after detection, by registered mail or explicitly mentioned on the freight letter.
Complaints that are made outside of the periods as mentioned in this article, do not engage the liability of Sunny.
Article 10: Transfer of property and risks
All products remain the sole property of Sunny until complete payment of the sales price and costs. The risk of loss or damage to the products is transferred to the buyer at the moment of delivery.
Article 11: Protection of personal data
The personal data, as provided by the buyer within the framework of the purchase, are processed in accordance with the European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation or “GDPR”).
Sunny refers to the provisions as included in the privacy statement, which can be found at the bottom of the website of Sunny.
Article 12: Intellectual property
The buyer declares to have been informed that the content of the website of Sunny is protected by various intellectual property right.
Except for the explicitly written consent of Sunny, reproduction (in whole or in part) of the content of the website is prohibited.
The buyer is however entitled to print a copy for personal use of the pages that are relevant regarding the purchase he initiated.
Article 13: Liability
Sunny is not liable for damage to the buyer’s software or the loss of data by the buyer that could be associated with the use of the web shop of Sunny, nor for any fact resulting from such loss such as, non-exhaustive, financial or commercial losses, increase of expenses, disruption of planning or payments required by third parties.
Sunny is not liable for the accuracy of the information available on the website. Sunny strives for the best possible availability of the website, without however guaranteeing its availability in any way. Under no circumstances Sunny can be held liable for the unavailability of the website/web shop.
In any case, the liability of Sunny by the purchase agreement and the use of the website/web shop is limited to the amount of the purchase initiated by the buyer. Sunny is not liable for the content of hyperlinks that are mentioned on the website.
Article 14: Evidence
The parties mutually agree that they can provide evidence of the realization of their commitments and their modalities, as well as the execution and termination thereof, based on electronic data, such as the login details of the website and electronic messages.
Article 15: Applicable law, competent court
All agreements are governed by Belgian law. In case of litigation exclusive competency lays with either the courts of the judicial district of Antwerp, division of Antwerp or the courts of the domicile of the buyer. The choice of either one of competent courts is free to either party.
The website shop.sunny.eu is owned by Sunny Europe NV, with registered office at B-2030 Antwerp (Belgium), Scheurweg 11, with company number 0423.284.838.
Sunny Europe NV is hereinafter referred to by its trade name 'Sunny'.
The lay-out and names, signs or photographs used on this website are protected by intellectual property rights. Copying of the website in whole or in part is prohibited and may lead to damages and/or cease and desist measures.
'Sunny' aims to provide, the information, presented through this website as accurate and complete as possible. It however does not guarantee the correctness or accuracy of the data presented.
'Sunny' does not give any guarantees concerning the availability of the products mentioned in this website.
'Sunny' guarantees at no moment that the website is free of any viruses or bugs.
'Sunny' will not be liable for whatever damages incurred as a consequence of the use of the website or the data that are presented within the website.
'Sunny' has no liability for the content of websites to which hyperlinks in the 'Sunny' website refer to.
If site users have any questions or suggestions regarding our website, webstore or the terms & conditions, please contact us at:
Sunny Europe NV
Scheurweg 11 - Port 261
Website URL: shop.sunny.eu