Terms & Conditions

Welcome to Sunny Shops. We have some rules all users must follow, so please take the time to read them before using our Platform. By using our Platform you are agreeing to the policies governing the use of this website herein. Throughout the site, the terms “we”, “us” and “our” refer to Sunny Shops hosted only via https://sunnyshops.co.uk which is the property of Disability Enterprise LTD and operated as such in association.

When you create a Sunny Shops buyer or seller account, you are not creating any agency, partnership, joint venture, employment, or franchisee relationship between yourself and Sunny Shops.

1. Accepting these Terms

These Terms and Conditions of Use set out the rights and obligations of users of this website https://sunnyshops.co.uk (“the Website”) which belongs to and is operated by Disability Enterprise LTD who is providing access to the Website, by anyone accessing the Website is subject to these Terms and Conditions of Use and all people accessing the Website are deemed to understand and accept these Terms and Conditions of Use without limitation or qualification. If any person accessing the Website does not accept these Terms and Conditions, they should immediately desist from using the Websites.

As long as you comply with these Terms of Use, Sunny Shops grants you a personal, non-exclusive, non-transferable, invariable, limited privilege to enter and use the Platform.

2. Your Privacy

Protecting your personal data is of the utmost importance to us. Our Privacy Policy provides a thorough overview of how your information is used when you access our Platform. By using our Platform, you are agreeing that we can process your details in the ways set out in our Terms of Use and Privacy Policy.

Personal information such as the buyer name, email address and delivery address is processed by Sunny Shops and sellers after you place an order. Sunny Shops and sellers independently handle this personal data and each party is separately responsible for protecting it. Therefore, if a seller intentionally or unintentionally discloses a buyer’s personal details when fulfilling another buyer’s order, or in any other way, the seller, not Sunny Shops, will be responsible for that unauthorised disclosure.

 

If Sunny Shops is fined, summoned, or otherwise incurs expenses because of behaviour undertaken by a seller which involves buyer personal information for reasons outside of the scope of the Platform (namely processing an order or discussing a listing), you agree to indemnify Sunny Shops for the expenses it occurs in connection with your processing of buyer personal information.

3. Your Sunny Shops account

We expect our users to share only accurate and honest details about yourself, your listings and/or your item reviews. It is prohibited to use false information or impersonate another person or company through your account.

3a) Minor policy and sharing accounts

To list items or purchase items, you will need to create an account. To create an account, you must be 18 years or older. Minors under 13 years of age are not permitted to use the Sunny Shops Platform and minors between the ages of 13 years of age and 18 can only use our Platform through an account owned by a parent or legal guardian with their permission and under their direct supervision. The parent or guardian is responsible for any and all account activity conducted by a minor.

You are solely responsible for any account activity. If you share your account login details, the person whose financial information is connected to the account will be responsible for any and all activity. If you register on behalf of a business entity, you personally guarantee that you have been given the authority to agree to the Terms of Use on behalf of the business.

4. Your content

When uploading and creating content, including your full name and your username, it must not be inappropriate, false, misleading, fraudulent or otherwise deceptive. You also may not add content or use language which is offensive, vulgar, harassing, infringes someone’s intellectual property rights, or otherwise violates the Terms of Use.

Content that you post on our Platform is your content and we don’t make any claim to it or take any responsibility for inaccurate details or if you are infringing or violating any third party’s rights by posting it.

When you add your content, you are giving us your permission to use it royalty-free to help Sunny Shops function without us infringing on your rights. This may include us using a photograph from your store to feature it on our home page, or within a menu section, for example.

4a) Reporting content

Sunny Shops takes no liability for unauthorised content on our Platform, however we are dedicated to following appropriate legal procedures to remove content which infringes on our Terms of Use and we will remove content, disable an account, or terminate an account if our Terms of Use are violated. We will notify the user if any of this is necessary.

Please contact us if:

  • You discover that content you own, or have rights to, has been posted on the Platform without your permission and you want it removed, please  right away; or
  • You discover that someone has infringed on your intellectual property.

5. Using our Platform

When you use the Sunny Shops Platform, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Platform.

This is subject to the Terms of Use and the following restrictions:

You will not steal from, or attempt to disrupt, our Platform

You agree not to scrape, crawl, or harvest any page of the Platform or to reverse engineer or attempt to obtain the source code of the Platform. You agree not to interfere with, or try to disrupt, our Platform, including but not limited to distributing a virus or other harmful computer code.

You will not break any laws

Do not use our Platform to violate any local or international laws. This includes, but is not limited to, listing items which violates any laws or engaging in fraud, including false claims or infringement notices, threatening conduct, theft, anti-competitive conduct, or any other unlawful acts or crimes against Sunny Shops, another Sunny Shops user, or a third party.

You will pay your fees where relevant

If you register for a Business Seller Membership, you are solely responsible for paying your monthly fee. If the fee is not collected by our Platform, you will receive an email notification to confirm that your account has been reverted to a Standard Seller Membership.

If you place an order, you will provide accurate payment and shipping details.

Any suggestions and ideas you directly share with us (not including your personal content) are considered non-confidential and non-proprietary to you. You grant us permission to use and publish those ideas for any purpose, royalty-free, without compensation to you.

Termination

If Sunny Shops suspects or believes you, your content, or your use of this Platform violates our Terms of Use, including but not limited to the Seller Policy, we reserve the right to deactivate your content or suspend or terminate your account as well as any accounts Sunny Shops determines is related to your account, along with your access to the Platform. You will be privately notified if there is concern regarding any aspect of your content or account, or if your account has been suspended or terminated. If you have repeatedly violated our Terms of Use or Seller Policy, or we have legal or regulatory reasons, we may not be able to notify you before taking this action.

If your account is terminated, you may lose any information associated with your account, including your content.

6. Warranties and Limitation of Liability

Listings and ordering items

When you use our Platform, you acknowledge and understand that Sunny Shops does not manufacture, produce, store, list or inspect any of the items listed for sale. This is done solely by independent sellers – Sunny Shops is simply a marketplace venue which provides them with the Platform to do so. Sunny Shops therefore does not make any warranties about the quality, safety or legality of any items and any legal claims related to an item you purchase must be brought directly against the item seller. This includes lawsuits relating to dangerous items, defective items or misrepresented items. You release us from all liability relating to this content.

Content you access

When you use our Platform, you acknowledge and understand that Sunny Shops is not responsible for the accuracy, legality (including copyright compliance) or decency of content uploaded by users via the Platform. You release us from all liability relating to this content.

Communicating with users

You may use the Platform to communicate with individuals and businesses, however you understand that we do not screen our users and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with other users, especially if you choose to meet someone in person, which we advise against.

Third-party services

Our Platform may contain links to third-party websites or services we don’t control or own, including links to social media websites. When you access third-party services via links, you do so at your own risk. The third parties may require you to accept their own terms of use, however Sunny Shops is not a party to those agreements and they are solely between you and the third party.

Warranties / Disclaimer

By using the Sunny Shops Platform, you understand that our services are provided “as is” and without any kind of warranty (expressed or implied).

We do not guarantee that at any particular time any defects or errors will be corrected, the Platform will be secure or available, the Platform will be free of viruses or other harmful materials, or the results of using the services will meet your expectations. You use the Platform solely at your own risk. Furthermore, neither Sunny Shops, nor our associated directors or employees can be held responsible, or shall be liable, to you for any loss of revenue, profits or damages arising in connection with the Platform or any of our Terms of Use.

7. Indemnification

If Sunny Shops is summoned because of your or your account’s actions, such as your use (or misuse) of personal data or any other data, or infringement of an individuals or businesses rights, you agree to defend and indemnify Sunny Shops, including any of our directors or employees. You agree to hold us harmless from any legal claim or demand, including solicitors fees.

8. Disputes with other Users

In the unlikely event that you and another user of the Sunny Shops Platform, or a third party, have a dispute, we encourage you to resolve the dispute to the best of your ability.

The resolution system is how order disputes are resolved at Etsy. We encourage buyers to contact sellers directly to attempt to resolve any outstanding issues before opening a case for resolution. It is therefore important that you personalise your shop policies and consistently respond to direct messages. If you are unable to reach a resolution with a buyer, you may use our resolution system in the unlikely event that an order does not follow a smooth and standard process.

Buyers may request support for a non-delivery or an item which isn’t as described. When you utilise Sunny Shops’ resolution system, you understand that Sunny Shops may use your personal information for the purpose of resolving the dispute with the other user in question in order to reach a resolution.

Sunny Shops will not make judgements regarding claims or legal issues and has no obligation to resolve any disputes, however we will attempt to help you resolve disputes on an individual basis in good faith and reserve the right to escalate a case for circumstances such as buyer or seller inactivity, refusal of support, harassment, case manipulation and/or undermining the integrity of the resolution system.

You release Sunny Shops from any claims, demands and/or damages arising out of disputes with other users or third parties.

9. Disputes with Sunny Shops

Let us know if you come across any issues while using our Platform and we will try to help make the Platform better for you to the best of our ability.

If we can’t help, these rules govern any legal dispute involving our Platform.

Arbitration

You and Sunny Shops agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by The Chartered Institute of Arbitrators, 12 Bloomsbury Square, London, WC1A 2LP, UK (the “CIARB”) under its Consumer Arbitration Rules (the “CIArb Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the CIArb Rules here), unless otherwise required by law.

Costs of Arbitration

We will not be liable for payment for any CIARB filing, administrative and arbitrator fees will be in accordance with the Consumer Arbitration Rules, for mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.

10. Discontinuation

Sunny Shops reserves the right to change, suspend or discontinue any of the aspects on our Platform at any time, for any reason, at our discretion. We will not be held responsible or liable to you for the effect that any changes to our Platform may have on you, including fiscally or ability to fiscally earn.

11. Changes to the Terms of Use

We reserve the right to change, amend or update our legal policies occasionally. We will update the policies with the date of the changes and if they contain important updates, we will send you an email to advise you of this. You are responsible for reviewing and becoming familiar with our Terms of Use and when we make changes, you may determine whether you want to continue using the Platform. Your continued use of the Platform following any and all changes constitutes your acceptance of the update(s).

12. Contact information

If you have any questions about the Terms of Use, please email us at legal@sunnyshops.co.uk.