Welcome to the website www.sunaiya.com we are delighted to welcome you and hope you enjoy our products. Your satisfaction is our priority and we do everything possible to offer you the best customer experience.
We ask you to read these general terms and conditions of sale carefully before accepting them. The GTC are important for us as well as for you!
The purpose of this document is to inform you, prior to your purchase, about our sales conditions and to answer any legitimate questions you may have.
It is hereby specified that these conditions govern the sale of its products by SUNAIYA to any natural or legal person making a purchase via the website www.sunaiya.com, hereinafter referred to as "the CLIENT".
These General Terms and Conditions of Sale, as well as the order form and the order confirmation, constitute the sales contract between SUNAIYA and the CLIENT relating to the sale of the ordered products.
Any order placed on the website www.organicabeauty.fr requires that the CLIENT accepts in advance and without reservation the General Terms and Conditions of Sale in their entirety.
In case of disagreement with the terms and conditions of the General Terms and Conditions of Sale, the CLIENT must not use the Website.
SUNAIYA reserves the right to adapt or modify its General Terms and Conditions of Sale at any time and without prior notice, the adaptations or modifications then being applicable to all orders placed after the adaptations or modifications.
In case of modification, the General Terms and Conditions of Sale applicable to the CLIENT's order are those that were online, and that the CLIENT accepted on the day of placing his order.
ARTICLE 1 – DEFINITIONS
The terms and expressions identified by a capital letter in the General Terms and Conditions of Sale have the meaning indicated below (whether used in the singular or plural).
GENERAL TERMS AND CONDITIONS OF SALE: refers to this document, i.e. the terms and conditions applicable in the relations between SUNAIYA and the CLIENT.
ORDER: refers to the CLIENT's purchase order for one or more Product(s) placed by using the Website www.sunaiya.com
WEBSITE: refers to the website accessible at www.sunaiya.com
PRODUCT: refers to a product offered for sale on the Website www.sunaiya.com
CLIENT: refers to a Natural or Legal Person, consumer, who uses the website www.sunaiya.com and acquires one or more Product(s), for his personal needs, having previously adhered to the General Terms and Conditions of Sale.
ARTICLE 2. PURPOSE
These General Terms and Conditions of Sale aim to define the contractual relations between SUNAIYA and the CLIENT and the conditions applicable to any purchase made through the website www.sunaiya.com
By accepting these General Terms and Conditions of Sale, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependent on you to purchase on this online sales site.
The use of our products for any illegal or unauthorized purpose is prohibited.
The company SUNAIYA retains the possibility of modifying these General Terms and Conditions of Sale at any time, in order to comply with any new regulations or in order to improve the use of its site. As a result, the applicable conditions will be those in force on the date of the CLIENT's order.
ARTICLE 3. PRICES
The prices shown on the product sheets in the online catalog are prices in Euros (€) inclusive of all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products.
The company SUNAIYA reserves the right to modify its prices at any time, it being understood, however, that the price listed in the catalog on the day of the order will be the only one applicable to the CLIENT.
Products remain the property of www.sunaiya.com until full payment of the price by www.sunaiya.com
Promotional products will be indicated by a "PROMOTION" sticker or by a strikethrough price. Our promotions are valid while stocks last at the time of order and during the display period.
For CLIENTS outside mainland France, www.sunaiya.com is obliged, in accordance with current law, to charge VAT on orders shipped to most European Union countries.
For CLIENTS outside the European Union and French Overseas Departments and Territories, orders are not subject to VAT, but may be subject to local taxes and customs duties in force in the country of receipt. These duties and sums are not the responsibility of www.sunaiya.com. They are borne by the CLIENT.
Warning : Any inaccurate information provided by the CLIENT in order to avoid VAT may result in civil fines and criminal prosecution.
The prices of the Products indicated on the www.sunaiya.com website do not include processing and shipping costs, which are charged in addition to the price of the Products purchased and depending on the total amount of the order.
ARTICLE 4. ORDER
The contractual information is presented in French and will be subject to a confirmation resuming this contractual information at the latest at the time of delivery. The company SUNAIYA reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
To order products on the website www.sunaiya.com, the CLIENT must create an account by providing the required information in the registration form.
For this purpose, the CLIENT declares to provide complete, non-erroneous personal information likely to allow his precise identification in any situation. Any fanciful or slanderous personal information is likely to lead to the closing of the CLIENT's account and the cancellation of his Order.
The account creation section is directly accessible from the main menu bar. At each visit, the CLIENT, if he wishes to order or consult his account (order status, personal information...), must identify himself using this information.
ARTICLE 5. PAYMENT
The price of the products and the logistical preparation and delivery costs are payable in full by the CLIENT at the time of placing the Order.
The website www.sunaiya.com may offer the Customer to pay for their order using various payment methods of their choice:
- by credit card : after choosing the credit card payment method, the Customer is redirected to the secure interface of the payment system to securely enter their personal credit card details. If the payment is accepted, the order is registered and the contract is definitively formed. Credit card payment is irrevocable.
- by PayPal : the Customer must have a Paypal account to pay for their order with this payment method.
No cash payments should be sent.
ARTICLE 6. RIGHT OF WITHDRAWAL
You have the right to change your mind! Yes, but there are conditions to respect if you wish to withdraw.
The right of withdrawal is indeed conditional on compliance with the requirements ordered by Article L 221-28 of the Consumer Code.
From the day of receipt of your order, you have a period of 14 working days to notify SUNAIYA of your wish to withdraw, without having to give reasons for your decision or bear any costs other than those necessary for returning your order.
To do this, you can use the withdrawal form found at the bottom of our website.
You can also express your wish to withdraw, on plain paper, unambiguously, by postal mail or email, specifying:
- Your order number
- The reference/name of the item subject to withdrawal
- Your first and last name
- Your address
- Your phone number
- Your email address
In case of dispute, it is up to you to prove that you have respected the aforementioned withdrawal period.
Exception to the right of withdrawal:
Cosmetic products: Please note that if the Customer unseals the product, they cannot withdraw. The Customer cannot withdraw if the product has been used or tested, as this product cannot be resold.
How to return an item?
Please note, this only applies to products not excluded from the right of withdrawal.
The return must meet the following conditions:
- Products must be returned to SUNAIYA, no later than 14 days after receiving your package. SUNAIYA will send you a form to fill out and insert into the return package.
- Products must be returned in their original and complete condition (without prejudice to the possibility of unpacking and testing the product) allowing them to be remarketed as new.
- Products must not be damaged or incomplete.
- The package must be returned to the following address:
SUNAIYA
30 rue des 4 Pierres - 53200 TOURCOING
Email address: contact@sunaiya.com
Please keep the tracking number for your return.
When the conditions set forth herein are met, SUNAIYA will refund you within a maximum period of 14 days after you have informed it of your wish to withdraw. However, SUNAIYA reserves the right to defer the refund until receipt of the items concerned by the withdrawal.
SUNAIYA will make the refund using the same payment method as that used for the initial purchase. You will be fully refunded for your order if you return the entire order. Otherwise, the initial delivery costs will be refunded proportionally to the number of items returned.
Furthermore, the costs and risks associated with the return are your responsibility.
It is important to emphasize that SUNAIYA's responsibility cannot be engaged in case of loss or damage during the return process.
In case of dispute or refund request, it is up to you to provide proof that you have complied with the aforementioned withdrawal period. We thank you for your understanding and cooperation.
ARTICLE 7. DELIVERY
Product delivery will take place, after registration of the Order payment, to the delivery address indicated by the CLIENT during the order placement. An email will be sent to the CLIENT to inform them of the Products' shipment. The CLIENT has the option to choose between different delivery methods (home delivery or relay point).
Shipping costs are calculated according to the chosen delivery method (home, relay point), the package weight, and the destination.
SUNAIYA cannot be held responsible in case of an address error made by the Client when placing their order. You must be vigilant and check the address provided before validating your order.
DELIVERY TIME:
The deadlines run from the date of shipment. This period does not include the order preparation time.
You may request in writing the termination of the sale (under the conditions provided for in articles L 216-2 et seq. of the Consumer Code), only if the delivery delay exceeds 30 days from the date of the order. SUNAIYA will then be obliged to refund the sums paid at the latest within fourteen days following the date of termination of the contract, excluding any compensation or deduction.
The termination of the sale will not be considered if the delay or failure of delivery occurs due to the Client or an act of force majeure.
My package is damaged, what should I do?
SUNAIYA remains the owner of the delivered goods from the day of delivery until full payment of the entire sale price by the Customer.
The transfer of risks of loss and deterioration of the products occurs upon effective delivery of the order.
Upon delivery, you must ensure the conformity of the package and its non-deterioration. If you notice any deterioration of your package upon receipt, please refuse the package. In addition, you must follow the following procedure:
- Explicitly indicate your reservations on the package (e.g. package torn at the top, 5 cm hole / wet package, open package, etc.). Please note that simply checking the "with reservation" box has no legal value. You must precisely state your reservations. It is advisable to take photos of the package as proof. If the delivery person/carrier does not allow you to check the condition of the package, please add this mention to your reservations.
- Send the carrier, within three working days following delivery, a registered letter with acknowledgment of receipt, to inform them of the apparent damages you have observed and to confirm your reservations. Please note that if the delivery person/carrier does not allow you to check the condition of the package, this period is extended to 10 days. The same procedure must be followed if the damage (damage, theft) was only discovered upon opening the package, even if the exterior of the package (packaging) is not damaged.
In parallel, please contact SUNAIYA immediately (contact form "contact us") to report the problem.
To process your request more quickly, please provide us with the following evidence: order number + photo of the products.
If you choose to be delivered by a carrier other than the one chosen and offered by SUNAIYA, the transfer of risks occurs as soon as the products are handed over to the carrier. Consequently, SUNAIYA declines all responsibility and any loss or deterioration of the products will be at your expense.
My package seems lost, what should I do?
In case of a lost package, please contact SUNAIYA without delay (contact form "contact us").
Presumption of delivery
When the carrier marks a package as "delivered," the law presumes that the Seller's delivery obligation has been fulfilled. This presumption is considered valid, unless the consumer can prove that they did not actually receive the package.
Consequently, if delivery is confirmed by the carrier, SUNAIYA is not responsible for the loss of the package and will not be required to issue a refund or redelivery.
We advise you to check with those around you (neighbors, concierge, etc.) and to contact the carrier for more information on the exact location of the package.
Non-collection of package at the relay point
In the event that the Client does not collect the package from the relay point within the allotted time, it will be returned to the sender SUNAIYA. If the package is not collected within the indicated deadlines, this constitutes negligence or fault attributable to the Client. Therefore, SUNAIYA cannot be held liable in the event of loss of the package after it has been returned to the Seller. No refund will be issued, as SUNAIYA's responsibility is not met in this case.
A return processing fee of 7 euros will be deducted from the order refund.
Shipping costs are not refunded as they are collected by the Mondial Relay transport company.
I received a product with a defect, what should I do?
From the delivery date, you have three working days to send your complaint in writing (by postal mail or email).
You must attach to your request all supporting documents, including photos proving the object of your claim. If the claim is not made within these deadlines and conditions, it will be refused by SUNAIYA and the products will be deemed compliant and free from any apparent defect.
You may claim a refund or replacement of the product, which will be at SUNAIYA's expense, for any product delivered whose non-conformities or apparent or hidden defects have been duly proven by the Customer under the conditions provided for in articles L 217-4 and subsequent of the Consumer Code and those provided for in these General Terms and Conditions of Sale.
ARTICLE 8. WARRANTY
The products are declared compliant with the various European standards in force by the Responsible Person, in accordance with European Regulation n°1223/2009 on Cosmetic Products.
All products offered by the company SUNAIYA on the website www.sunaiya.com benefit from the legal warranty provided by articles 1641 and subsequent of the Civil Code. In the event of non-conformity of a sold product, it may be returned to the company SUNAIYA, which will take it back, exchange it, or refund it. The customer must provide proof of non-conformity of the product. All claims must be made by email to the following address: contact@sunaiya.fr
ARTICLE 9. LIABILITY
The company SUNAIYA has, for all stages of access to the site, the ordering process, delivery, customer service or subsequent services, only an obligation of means. SUNAIYA's liability cannot be engaged for all inconveniences or damages inherent in the use of the internet network, including loss of data, intrusion, viruses, service interruption, and other involuntary problems, or any event qualified as force majeure, in accordance with jurisprudence.
The computerized records kept in SUNAIYA's information systems under reasonable security conditions will be considered as proof of communication, orders and payments made between SUNAIYA and the Customer.
ARTICLE 10 - SECURITY
The www.sunaiya.com website is subject to a security system: the SSL encryption process has been adopted, but all scrambling and encryption processes have also been reinforced to protect as effectively as possible all sensitive data related to payment methods.
ARTICLE 11 - INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced on the website www.sunaiya.com are reserved under copyright as well as intellectual property and for the entire world. As such and in accordance with the provisions of the intellectual property code, only use for private purposes is authorized, subject to different, or even more restrictive provisions of the intellectual property code. Any total or partial reproduction of the www.sunaiya.com website is strictly prohibited, whether in the form of photos, logos, visuals or text.
ARTICLE 12. PERSONAL DATA
All data that you entrust to the www.sunaiya.com website is used to process your orders.
Under Law n°78-17 of January 6, 1978, relating to data processing, files, and freedoms, you have a right to rectify, consult, modify, and delete the data you have provided to us, which can also be exercised online.
ARTICLE 13. FORCE MAJEURE
The execution by SUNAIYA of all or part of its obligations, particularly delivery, will be suspended in the event of a fortuitous event or force majeure that would hinder or delay its execution. These include, without this list being exhaustive, war, riots, insurrection, social unrest, strikes of all kinds. SUNAIYA will inform CUSTOMERS of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. Should this suspension continue beyond a period of fifteen days, the CUSTOMER will have the possibility of cancelling the current order, and the price of the ordered Products and the delivery costs paid will then be reimbursed.
ARTICLE 14. APPLICABLE LAWS AND COMPETENT JURISDICTIONS
These General Terms and Conditions of Sale are governed by French law. Only the French version of these General Terms and Conditions of Sale is authoritative. In the event of difficulty arising during the Order, the delivery of the Products and more generally the execution of the sale, the CLIENT will have the possibility, before any legal action, to seek an amicable solution, notably with the help of a consumer association or any other advisor of their choice.
ARTICLE 15. CUSTOMER SERVICE
For any information or question about an order, customer service is at your disposal: serviceclient@sunaiya.fr or via our form "contact us".