Terms of service

Terms and Conditions

OUR TERMS AND CONDITIONS
  1. Please read these terms carefully. Please review these Terms and Conditions carefully and make sure that you understand them before making an order.
  2. Legally binding. These Terms and Conditions constitute a legally binding agreement between you and The Sunny Artisan LLC (trading as and hereinafter sometimes referred to as “The Sunny Artisan” or “TSA”) in the context of your use of the Websites and your purchase of our Products.
  3. Acceptance. By purchasing any Products, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you are not permitted to purchase any Products.
  4. Consumers only. The products offered via the customer-facing portions of this Websites are for consumers only – they are only to be used for non-commercial, non-business, private purposes by consumers. By accepting these Terms and Conditions you promise to us that you are a consumer, that you are at least 18 years old or you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you place an Order and not acting in the course of a business, and on your said acceptance we grant you a limited, non-exclusive licence for access and personal use of the Websites.
  5. Notwithstanding any other rights or restrictions in these Terms and Conditions, you may not use the Websites to: (a) disseminate or transmit any information, data, text, images, files, links, or software except in connection with your authorized use of the Websites, or otherwise in response to specific requests for information by us; (b) disseminate or transmit any information, data, text, images, files, links or software unless you have legal rights to publish, advertise and distribute such information to others through the Websites; (c) disseminate or transmit material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable to TSA or other users of the Websites; (d) take any actions that may impose an unreasonable or disproportionately large load on TSA’s infrastructure (in our sole discretion); (e) solicit personal information from anyone under the age of 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; (f) introduce to the Websites or any other computer or web site viruses, worms, Trojan horses, harmful code and/or any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) bypass any measures used by TSA to prevent or restrict access to any part of the Websites; (h) impersonate any other person, including but not limited to, a registered user of this Websites or an employee of TSA; (i) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (j) misrepresent the identity of a user or use a false e-mail address; (k) tamper with or obtain access to the Web Site or any component of the Websites; (l) conduct fraudulent activities; (m) register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity; or (n) use data mining, robots or similar data gathering and extraction tools or otherwise collect or harvest information regarding other users of the Websites for any reason whatsoever, including, without limitation, for forwarding unsolicited commercial e-mail to such users

 

DEFINITIONS
  1. When we use certain capitalized words in these Terms and Conditions, they have the specific meaning outlined either in this Section 2 or in the sentence where that term is defined. You will be able to spot definitions by looking out for terms that look like this: (“Defined Term”).
    1. “Contract of Sale” means the Contract of Sale for the sale and purchase of the Products between you and TSA, which incorporates these Terms and Conditions.
    2. “Listings” means a summary on the Websites of Products containing, without limitation, an image of the Product, a description of the Product and a statement of the then current price of the Product.
    3. “Order” means your order for the purchase of Product(s) that you place via the Websites. All derivatives of the word “Order” (such as “Ordered”) should be understood in the context outlined in this definition.
    4. “Products” means goods that TSA offers for sale via the Websites from time to time.
    5. “Terms and Conditions” means the terms and conditions set out on this page, together with the TSA policies explicitly referenced in our FAQs.
    6. “Websites” means www.thesunnyartisan.com (including its subdomains), and any other associated interfaces, applications or Websites owned or operated by or for TSA from time to time.
INFORMATION ABOUT TSA VENTURE SRL AND OUR CONTACT DETAILS
  1. Who we are. The Sunny Artisan LLC is a company incorporated and registered in Indiana whose registered address is at micros, United States. In these Terms and Conditions, “we”, “our” and “us” are all references to TSA.
  2. How to contact us. You can contact TSA by writing to: support@thesunnyartisan.com 
  3. How we may contact you. If we have to contact you, we may do so by email to the address you provided when you went through the checkout process on the Websites.
CONTRACT OF SALE AND PAYMENT
  1. Checkout. You place an Order on the Websites by completing the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Websites. We will send you an email confirming your Order, which will detail the Product(s) that you have ordered.
  2. When is the Contract of Sale formed? The Contract of Sale is formed when we send you an Order confirmation email. We will send you an Order confirmation email to the email address you entered during the checkout process.
  3. Products may vary from their pictures. TSA aims to use the Listings to give you the information you need to know about the essential characteristics of the Products. Although we try to make sure they are as faithful as possible to the real thing, any images shown in the Listings are for illustrative purposes only – given the digital method of presentation it is possible that your perception may not exactly match the relevant Product itself. Our general lifestyle photography also occasionally includes images of prior versions of some of our Products. The version for purchase is the version shown on the Product-specific purchase page.
  4. You authorize us to charge your chosen method of payment. By submitting an Order and providing us your payment card details at checkout, you authorize TSA (acting by its payment processor) to charge the relevant account to take payment for your Order. TSA will not be responsible for any losses you may suffer if the payment method you use to pay for an Order does not have sufficient funds to cover all costs of that Order. 
  5. When do we take payment for an Order? Payment will be debited from your account upon placing of the Order. No payment shall be deemed as received by us until we have received cleared funds. All card processing will be performed through Shopify Payments on the online e-commerce platform Shopify, Inc. which hosts the Websites. The charge on your statement will appear from TSA.
PRICING 
  1. Prices. Our prices include (unless expressly excluded) shipping, insurance and handling costs, and any applicable duty (including sales tax). Please see our Shipping policy in the FAQs for further information on this.
  2. Sales tax. All prices on our Websites include the applicable sales tax.
DELIVERY AND SHIPPING
  1. How do delivery and shipping work? Please see our Shipping policy in the FAQs for information on delivery and shipping.
CANCELLATION, RETURNS & REFUNDS
  1. How do cancellation, returns and refunds work? Please see our Returns & Refund policy in the FAQs. 
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
  1. Changes to these Terms and Conditions. From to time to time, we may make changes to these Terms and Conditions. If we do so, we will:
    1. post those changes in an updated version of these Terms and Conditions on the Websites; and
    2. where we consider the changes will materially, adversely affect you or your rights, we will notify you of such changes via email.
  2. Which Terms and Conditions apply? The Terms and Conditions (as incorporated into the Contract of Sale) that will apply to your purchase of any Products will be those that are in force at the time you place your Order, unless we have notified you of a change to the Terms and Conditions that apply and will materially affect your Order before we send you the delivery confirmation and you have confirmed that you wish to proceed with your Order.
RESERVATION OF RIGHTS
  1. In publishing Listings and permitting you to make Orders for Products via the Websites, TSA reserves the following rights, and in accessing or browsing the Websites and/or making any Order via the Websites you grant to TSA and agree that TSA shall have the following rights:
    1. the right to remove or amend any Listing without giving you notice or any reason;
    2. the right to cancel any Order or amend in part any Order without giving you notice or any reason, save that in such circumstances TSA shall refund such part of the Order as has been cancelled by it;
    3. the right to amend or update the Websites, prices of any Products, and available payment methods from time to time; and
OUR LIABILITY
  1. We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms and Conditions or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not a foreseeable result of our breaching these Terms and Conditions or failing to act with reasonable care and skill.
  2. What we do not exclude. Nothing in these Terms and Conditions shall limit or exclude our liability for:
    1. death or personal injury resulting from our negligence;
    2. fraud or fraudulent misrepresentation;
    3. your statutory consumer rights; or
    4. any other liability that cannot be excluded or limited by applicable law.
  3. We are not liable for business losses. These Products are only for domestic and private use. If you use the Products for any commercial re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  4. We are not liable for events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control. Our performance of our obligations under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions may be performed despite the Force Majeure Event.
  5. We are not liable for Product unavailability. In case of unavailability of Products before or after Order, we will not be liable for any loss you suffer nor liable to you for any damages as a result of the unavailability of such Product(s), to the fullest extent permitted by law.
PRIVACY POLICY
  1. Your privacy. We have a Privacy Policy outlining how your personal data will be processed and protected by TSA. Please read our Privacy Policy.
GENERAL
  1. Disputes. These Terms and Conditions are governed by Indiana law and we both agree to submit to the non exclusive jurisdiction of the Indiana courts. This means that, if you are a resident of a different state in the US, you may bring a claim to enforce your consumer protection rights in connection with these Terms and Conditions in Indiana or in the US state in which you live.
  2. Feedback and Complaints. Complaints should be directed to us at the email address specified in Section 3.2. We will make reasonable efforts to facilitate a resolution between you and us.
  3. All rights reserved. All trade marks, logos, trade dress, service names and service marks (“Marks”) displayed on the Websites are TSA’s property. you are not permitted to use these Marks without TSA’s prior written consent. TSA also owns all the copyright in this Websites. You may not copy, reproduce, republish, upload, post, transmit or distribute any material from this Websites in any way without our express written permission.
    1. Nobody else has any rights under these Terms and Conditions. All aspects of the agreement formed under these Terms and Conditions are between you and TSA and no other person shall have any rights to enforce any of its Terms and Conditions.
    2. Headings and Interpretation. The section titles in these Terms and Conditions are for convenience only and have no legal or Contract of Sale effect. The word “including” means “including without limitation”.
    3. Even if we delay enforcing our rights under these Terms and Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking these Terms and Conditions, that will not mean that You do not have to do those things and it will not prevent us taking steps against you at a later date.
    4. If a court finds part of these Terms and Conditions illegal, the rest will continue in force. Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
    5. TSA may transfer its rights under these Terms and Conditions to someone else. TSA may transfer its rights and obligations under these Terms and Conditions to another organization – for example, this could include another member of The Sunny Artisan LLC’s group of companies or someone who buys its business. We will take reasonable steps to ensure that any such transfer does not affect your rights under these Terms and Conditions.
    6. Personal agreement. The agreement formed under these Terms and Conditions, and each Contract of Sale, is personal to you and you cannot transfer any of your rights under them to any other person without our prior express written consent.
    7. Email counts as “in writing”. When we use the words “writing” or “written” in these Terms, this includes emails. For Contract of Sale purposes, you: (a) consent to receiving communications from us by email; and (b) agree that all communications that we provide to you by email satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing.
    8. Your rights. As a consumer in the United States you have certain statutory rights. Nothing in these Terms and Conditions affects those statutory rights.