Last Update: 04 October 2023

1. INTRODUCTION

1.1. The following General Terms and Conditions of Sale (together with the documents mentioned herein) (hereinafter referred to as the “GT&Cs”) govern the use of this website (www.sunoftheson.com) (“Website”) and the purchase of products on it.

1.2. The products purchased on the Website are sold directly by Sun of the Son Limited, a limited liability company incorporated and operating in Cyprus under registration number HE448781, with registered office at Nikitara 2, Germasogeia, 4040, Limassol, Cyprus (“we”, “us” or “our”) under its own trademark “SUN OF THE SON”.

1.3. We urge you to read these GT&Cs, our Cookies Policy and our Privacy Policy (hereinafter, jointly, the “Data Protection Policies”) carefully before using this Website. When using this Website or placing an order on it, you are bound by these GT&Cs and our Data Protection Policies. If you don’t agree with the GT&Cs and with the Data Protection Policies, do not use this Website.

2. YOUR DETAILS AND USE OF OUR WEBSITE 

2.1. The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this Website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.

2.2. When you use this website and place orders through it, you agree to:

• use this Website only for lawful purposes;
• not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorized to cancel it and inform the competent authorities; and
• provide us with your name, email address, postal address, phone number and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary.

If you do not provide us with all the information we need, you cannot place your order.

2.3. You may not use our Website:

• in any way that breaches any applicable local, national or international law, regulation or code of practice;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; and/or
• in any way that infringes any intellectual property right or right to privacy.

You also agree not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of these GT&Cs.

2.4. When you place an order on this Website, you state that you are over the age of 18 and are legally eligible to enter into binding contracts. Minors under 18 and at least 13 years of age are only permitted to use our Website through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use the Website or place orders on it.

2.5. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website at any time without notice. We will not be liable to you if for any reason all or part of our Website is unavailable or interrupted at any time or for any period.

2.6. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these GT&Cs and other applicable terms and conditions, and that they comply with them.

2.7. Breach of any of these conditions of use of our Website constitutes a material breach of these GT&Cs.

2.8. We do not guarantee that our Website will be secure or free from bugs or viruses. You should use your own virus protection software.

3. FORMALISING THE CONTRACT 

3.1. To conclude a contract of sale for the purchase of one or more products on our Website, a purchase order must be sent online to us by completing the order form found on the Website and following the instructions provided. After doing so, you will receive an email confirming receipt of your order.

3.2. The provision of a valid and existing email address is essential for the purchase order to be duly accepted; otherwise, we reserve the right to cancel any purchase order sent from an invalid or inexistent email address.

• Ordering an item from our Website implies full and complete acceptance of these GT&Cs.

4. PRODUCTS AVAILABILITY AND CHARACTERISTICS

4.1. All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we will reimburse any amount that you may have paid.

4.2. The main characteristics of the products are shown on each product page on the Website. The images and colours of the products displayed on the Website may not correspond exactly to the true garments due to the internet browser or monitor used.

5. REFUSAL TO PROCESS AN ORDER 

5.1. We reserve the right to remove any product from this Website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the order confirmation. We reserve the right to do so at any time.

5.2. We shall not be liable to you or to any third party for removing any product from this Website, or for removing or modifying any material or content from the Website or not processing an order once we have sent the order confirmation.

6. DELIVERY 

6.1. We provide for delivery of the products ordered via the Website to the countries within the European Union.

6.2. In case you need delivery to a country outside the EU, we will contact you additionally and inform about possibility, the price and term of delivery.

6.3. Notwithstanding Clause 4 above regarding product availability and except for extraordinary circumstances, we will endeavor to dispatch the product(s) listed in each delivery confirmation prior to the date indicated in the delivery confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of ten (10) days from the date of the order confirmation.

6.4. Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone. If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.

6.5. For the purpose of these GT&Cs, the “delivery” shall be understood to have taken place or the order “delivered” as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.

7. INABILITY TO DELIVER 

7.1. If it is impossible for us to deliver your order, your order will be returned to our warehouse.

7.2. If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the contract and it will be terminated. As a result of the termination of the contract, we will return to you all payments received from you (except for any additional charges resulting from delivery).

7.3. Please keep in mind that transport derived from the termination of the contract may have an additional cost which we will be entitled to pass on to you.

8. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS 

8.1. The products shall be under your responsibility from the moment of delivery to you as outlined in Sections 6-7 above.

8.2. You will take ownership of the products when we receive full payment of all amounts due, including delivery charges, or at the moment of delivery (as defined in Sections 6-7 above), if that were to take place at a later time.

9. PRICES AND PAYMENT 

9.1. The price of the products will be as stipulated at all times on our Website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the Website are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.

9.2. We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the shipping confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.

9.3. The prices on the Website include VAT, but exclude delivery charges, which are added to the total price.

9.4. Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an order confirmation.

9.5. Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order.

9.6. You may use, as payment method, the following cards and methods: Visa, Mastercard, Apple Pay and Revolut Pay. When you click “Authorise payment”, you are confirming that the credit card is yours. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.

10. VALUE ADDED TAX 

10.1. Pursuant to the prevailing rules and regulations in force, all purchases done through the Website are subject to Value Added Tax (VAT).

10.2. In this regard and pursuant to Chapter I of Title V of Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply shall be deemed to be within the Member State where items shall be delivered and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.

10.3. Pursuant to the applicable rules and regulations in each jurisdiction, the rule of the “reverse charge” (Article 194 of Directive 2006/112) may apply to goods supplied in certain Member States of the European Union if the customer is or is required to be a taxable person for VAT purposes. If this is the case, no VAT would be charged by us, subject to the confirmation by the recipient that the VAT on the items supplied would be accounted for by the customer under the reverse charge procedure.

11. EXCHANGE / RETURN POLICY 

11.1. Statutory right of withdrawal 

Right of withdrawal 

In accordance with applicable law, you have the right to withdraw from the sale contract with us for any reason and without incurring any penalty within fourteen (14) days from the date on which you received the products purchased on the Website.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or in case of multiple goods in one order delivered separately, after 14 days from the day on which you acquire, or a third party other than the carrier indicated by you acquires, physical possession of the last good ordered in one order.

To exercise the right of withdrawal, you should notify us via email (see Section 24 below) of your decision to withdraw from this contract by an unequivocal statement.

In accordance with applicable law, once you have exercised your right to withdraw from the sale contract, the products to be returned must be handed over to the courier within fourteen (14) days of the date you notified us of your decision to withdraw.

Effects of withdrawal 

If you decide to withdraw from this contract, we will return to you all payments received from you, except for any additional charges resulting from delivery, without any undue delay, and at any rate, within 14 days of the date on which this contract has been terminated. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. In any event, you will not incur any charges as result of such reimbursement. Notwithstanding the foregoing, 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.

You shall bear the direct cost of returning the goods.

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.

11.2. Conditions for exercising the right to withdraw

You shall not have the right to withdraw from the contract when it is for the delivery of any of the following Products:

1. Customized items
2. Sealed goods which are not suitable for return due to hygiene reasons and where unsealed after delivery.

Your right to cancel the contract shall apply exclusively to the products that are returned in the same condition in which you received them. No reimbursement will be made if the product has been used once it has been opened, for products that are not in the same condition as when they were delivered or if they have been damaged, so take care of the products(s) while in your possession. Please return the products using or including all their original packaging, instructions and other documents, if any, accompanying the products.

11.3. Procedure for returning products to us

Upon cancellation, the respective products shall be returned to the address specified in Section 24 below, unless another address is specified by us in response to your withdrawal notification.

You should send the product in its original packaging (if you want to return a kit, it must include all of its components).

11.4. Compliance checks for returned products

Your return cannot be accepted if it does not comply with the conditions set out in Section 11.2.

All products must be returned unused, in perfect condition, inclusive of all protective materials and with the identification tags and stickers attached to the products (if originally provided), in addition to their packaging, accessories and documentation.

We will check the conformity of returns, if necessary, using photographic and video means. If a product is returned showing signs of use or if it has been utilized or altered with respect to its original condition, we reserve the right not to accept the return or, alternatively, to reduce the amount of the refund accordingly. If on the basis of the inspections carried out we decide not to accept your return, a notice will be sent to you stating the reasons why the return cannot be accepted.

After examining the article, we will inform you of whether you have the right to reimbursement of the amounts paid.

The time period for refunding the amount paid for purchasing the returned products depends on the form of payment used:

• Purchase by credit/debit card: refund time will depend on the card company, but will normally take place within two billing cycles. The credit’s value date will be the same as the original debit. You will not, therefore, suffer any losses in terms of bank interest.

Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back. The refund will always be paid using the same payment means you used to pay for your purchase.

You shall assume the cost and risks of returning the products to us, as indicated above.

11.5. Returns of defective products 

Notwithstanding legal rules protecting consumers, if you are returning a product because of an error on our part or because it is damaged or defective, you shall notify us within thirty (30) days of receipt by email; if a product becomes faulty after the thirty (30) days, please contact us by email to obtain further return information. You must return the products in the same condition in which you received them. For returning products, please see sections 11.3-11.4 above.

We will examine all products returned as damaged or defective and will notify you of your refund via email within a reasonable period of time. Subject to acceptance by us of the damaged or defective goods, products returned by you because they are damaged or defective will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to us. In the event that we find no fault with the returned products, you will be notified that the returned products cannot be accepted and you may elect to have the products re-delivered to you. If you do not accept re-delivery we reserve the right to retain the products and the purchase price and recover our fees and expenses.

All rights recognized in current legislation shall be, in any case, safeguarded.

12. LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS 

Unless otherwise indicated expressly in these GT&Cs, our liability regarding any product acquired on our Website shall be limited strictly to the price of purchase of said product.

Notwithstanding the above, our liability shall not be waived nor limited in the following cases:

• in case of death or personal harm caused by our negligence;
• in case of fraud or fraudulent deceit; or
• in any case in which it were illegal or illicit to exclude, limit or attempt to exclude or limit our liability.

Notwithstanding the paragraph above, and to the extent legally allowed, and unless these GT&Cs indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:

• loss of income or sales;
• operating loss;
• loss of profits or contracts;
• loss of forecast savings;
• loss of data; and
• loss of business or management time.

Due to the open nature of this Website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this Website, unless otherwise indicated expressly on this Website.

All product descriptions, information and materials shown on this website are provided “as is”, with no express or implied warranties on the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the contract if they: (i) comply with the description given by us and possess the qualities that we have presented in this Website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected. The images and colours of the products displayed on the Website may not correspond exactly to the true garments due to the internet browser or monitor used. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.

13. INTELLECTUAL PROPERTY 

You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the Website belong to us at all times or to those who grant us the license for their use. You may use said material only to the extent that we or the usage licensers authorize expressly.

14. LINKS FROM OUR WEBSITE 

If our Website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.  These GT&Cs do not apply to the provision of services or the sale of products by third parties that are shown on website via links, banners or other hypertext connections.

15. WRITTEN COMMUNICATION 

The applicable regulations require that some of the information or notifications that we send to you be in written form. By using this Website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you information by posting alerts on this Website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights.

16. NOTIFICATIONS 

The notifications that you send us must be sent via email. Pursuant to the provisions in Section 15 above and unless otherwise stipulated, we may send you notifications either by email or to the postal address you provided us when placing an order.

It is understood that notifications will be received and acted upon 24 hours after they have been sent by email or three days after the postage date on any letter. As proof that the notification has been sent it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or to a mail box; in the case of an email, that the notification was sent to the email address specified by the recipient.

17. TRANSFER OF RIGHTS AND OBLIGATIONS 

We may assign any of our rights and obligations under these GT&Cs.

18. EVENTS BEYOND OUR CONTROL 

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a contract when caused by events that are beyond our reasonable control (“Force Majeure”).

Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

• Strike, lockout or other forms of protest.
• Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
• Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the contract despite the situation of Force Majeure.

19. PARTIAL ANNULMENT 

Should any of these GT&Cs or any provision of a contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.

20. ENTIRE CONTRACT 

These GT&Cs and any document referenced in the same constitute the entire contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing.

21. GOVERNING LAW AND DISPUTE RESOLUTION 

The use of our Website and the product purchase contracts through said Website shall be governed by the Cyprus legislation. Without prejudice to the application of the mandatory consumer protection provisions, these GT&Cs are governed by Cyprus law and in particular by the Consumer Protection Law 2021 (Law 112(I)/2021), the General Product Safety Law (Law 41(I)/2004), and the Law on Certain Legal Aspects of Information Society Services in Particular Electronic Commerce and Associated Matters of 2004.

Any controversy that arises or is related to the use of the Website or said contracts shall be subject to the non-exclusive jurisdiction of the Cyprus courts.

If you are entering into the contract as a consumer, nothing in this Section shall affect the statutory rights you have, as recognized in any applicable legislation in this area.

22. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS 

Your comments and suggestions are always welcome. Please send any comments and suggestions through the email, our official accounts on social networks or by post.

If you as a buyer consider your rights have been breached, you can address your complaints to us via the email in order to seek an out-of-court settlement.

In this regard, if the purchase from us was concluded online through our Website, we, in line with EU Regulation No. 524/2013, hereby inform you that you are entitled to seek the consumer dispute with us out-of court, through the platform for the online dispute resolution accessible through the Internet address http://ec.europa.eu/consumers/odr/.

23. Modifications and updates

We have the right to review and modify these GT&Cs at any time.

You are subject to the policies and GT&Cs in effect at the moment in which you use this Website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, GT&Cs or Privacy Policy. In this case the possible changes will also affect orders made previously by you.

24. CONTACTS

If you need to contact us in relation to these GT&Cs or any other document mentioned herein, please post or email with the subject line ‘GT&Cs’:

Sun of the Son Limited

Email address: legal@sunoftheson.com

Postal address: 2, Nikitara street, Germasogeia, 4040, Limassol, Cyprus

We value hearing from you, and are always interested in learning about ways we can improve the service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

For further information, please visit the “Contact” section on the webpage.