Terms & Conditions
Welcome. This policy sets out the terms and conditions on which Sunshine in a Box ABN 11389957570 will supply to you the products listed on our website at https://www.sunshineinabox.com.au.
Please read these terms and conditions carefully before using or ordering any products from our website. You should understand that by using this website, you agree to be bound by these terms and conditions
Before you get started:
- This website is only intended for use by people residing in Australia. Sorry, we do not currently accept orders for delivery outside of Australia.
- By placing an order you warrant that you are legally capable of entering into a binding contract and are over 18 years old.
- Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
Last updated: 14 August 2019
About these Terms & Conditions
In these terms and conditions, “we” “us” and “our” refers to Sunshine in a Box (ABN 11389957570). Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
1. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2. All prices are in Australian Dollars (AUD) and are inclusive of GST (where applicable).
3. We strive to ensure that our products (Sunshine boxes) are described as accurately as possible on our website, however we do not warrant that the description is accurate.
4. The nature of our product offering is to bring you a monthly selection of new, different, seasonal and hand-crafted products that are made in Queensland. As a result, the exact products contained within each Sunshine box are subject to change depending on availability and are determined at the sole discretion of Sunshine in a Box.
5. The inclusion of any specific product on the website does not imply or warrant that these products will be available or included in your purchased box.
6. We do not warrant that the descriptions of specific items contained within a box are accurate. This includes the nutrition, ingredient, allergen, weight or other product specific information. This information is derived from the product manufacturers but is subject to change. We recommend that you consult the product labels for accurate and up to date information.
7. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
8. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
9. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
10. We supply and dispatch our products to customers within Australia only.
11. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
12. There are two types of products (sunshine boxes) offered for purchase via the website: one-off products (limited edition boxes) and recurrent products (flexible subscription plan). There are terms associated with each.
13. All prices are in Australian Dollars (AUD) and are inclusive of GST (where applicable). We endeavour to ensure that the prices shown on our website are current. We reserve the right to amend our prices at any time.
14. If you have placed a one-off order, we undertake to fulfil your order at the price listed at the time you ordered. If you have subscribed to a monthly plan, we undertake to provide you with 30 days notice of any changes in price.
15. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. In providing this information you warrant that you have the legal right to use the credit card or any other payment method used in connection with your order.
16. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
17. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order.
18. Costs for packaging and delivery are as set out on the website and confirmed during checkout.
19. We will arrange delivery of goods by courier or Australia Post. Delivery within Australia may take from 2 to 21 days.
20. Title in the goods passes to you when we have received payment. Payment will be taken in advance of goods being dispatched.
21. All risk of loss or damage to the goods passes to you when we dispatch the goods.
Our contract with you
22. After placing an order via our website, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
23. Your order constitutes an offer to us to buy the selected product. All orders are subject to acceptance by us, and we will confirm acceptance to you by sending you an e-mail within 30 days that confirms that the offer has been accepted.
a. For a one-off product this will be the confirmation of dispatch email
b. For the flexible subscription plan this will be the confirmation that your payment card has been charged and your box is about to be dispatched.
24. If we do not respond within 30 days your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that the product is not currently available.
Flexible subscription plan
25. If you have purchased the flexible subscription plan, you agree to pay recurring monthly subscriptions for an indefinite time until cancelled by you or us, as laid out in these terms.
26. The monthly payment is automatically charged to your credit card on the 15th of each month and your box is dispatched on the 16th of each month.
27. You can cancel or skip your subscription at any time before the cut off period. The cut off period to edit, skip or cancel your order is the 8th day of the month (7 days prior to the monthly billing cycle.)
28. You will not be charged for any cancellation prior to the cut off. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
29. Cancelling or skipping your flexible subscription is easy. You can do so by logging in to your customer account at sunshineinabox.com.au and selecting “manage” your subscription.
30. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
Your customer account
31. To make it easy to see your orders, update your details and manage your subscription plan all customers purchasing a flexible subscription plan will be required to register for a customer account during the checkout process.
33. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details when they change.
34. On registration, you will be required to provide a password. Your password should be safeguarded at all times. You are responsible for the security and use of your password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
35. On registration you agree to pay for our services as set out on our website and undertake to keep your payment card details updated and current.
36. We may offer members exclusive discount promotions and other types of vouchers (Voucher) which may only be redeemed through the Website. All of these terms and conditions shall become applicable as between us and you when you redeem the Voucher by purchasing a Product.
a. Only one voucher is allowed to be applied per order and to one delivery address.
b. We reserve the right to withdraw or cancel any Voucher for any reason at any time.
c. Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
d. We reserve the right to exclude the use of voucher codes on specific products
37. We reserve the right to terminate your membership at any time if you breach these terms and conditions.
38. Our services are intended to be used by members within Australia only.
Order Cancellation Due To Error
39. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
40. We undertake to reimburse you for any product contained within the box that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us at email@example.com
41. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card to the value of the damaged product.
42. When you visit our website, we give you a limited licence to access and use our information for personal use.
43. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
44. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
45. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
46. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
47. Please email firstname.lastname@example.org to seek permission if you would like to link to the Sunshine in a Box website from your website, app or social media account.
Intellectual Property Rights
48. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
49. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
50. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
51. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
52. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
53. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
54. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory Guarantees and Warranties to Consumers
55. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
a. Schedule 2 of the C&C Act; and
b. those statutory guarantees, all of which are given by us to you if you are a consumer.
56. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
a. We will repair or replace the goods or any part of them that is defective; or
b. Provide again or rectify any services or part of them that are defective; or
c. Wholly or partly recompense you if they are defective.
Limitation of Liability
57. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
d. We do not participate in any way in the transactions between our users.
58. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
59. If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
60. These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
61. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
62. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.