T&C's

SUNDAY SOMEWHERE UK LTD TRADING AS "SUNDAY SOMEWHERE" (CO
REG: 13168010)
 

1. ONLINE
PURCHASES

2. PROMOTIONS

3.
COMPETITIONS & GIVEAWAYS

-

1. ONLINE PURCHASES

Background

This agreement applies as between you, the User of this Website and SU
trading as SUNDAY SOMEWHERE (“SUNDAY SOMEWHERE”). Your agreement to comply with
and be bound by Clauses 1, 2, 5 – 12 and 16 – 26 of these Terms and Conditions
is deemed to occur upon your first use of the Website. Clauses 3, 4, and 13 –
15 apply only to the sale of Goods. If you do not agree to be bound by these
Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer
capable of acceptance. Your order constitutes a contractual offer and our
acceptance of that offer is deemed to occur upon Our sending an order
confirmation email to you indicating that your order has been fulfilled and is
on its way to you.

DEFINITIONS AND INTERPRETATION

In this Agreement the following terms shall have the following meanings:

“Account”

Means collectively the personal information, Payment Information and
credentials used by Users to access Paid Content and / or any communications
System on the Website;

“Account”

Means any third party responsible for transporting purchased Goods from our
Premises to customers;

“Content”

Means any text, graphics, images, audio, video, software, data compilations
and any other form of information capable of being stored in a computer that appears
on or forms part of this Website;

“Goods”

Means any products that SUNDAY SOMEWHERE advertises and / or makes available
for sale through this Website;

“Service”

Means collectively any online facilities, tools, services or information
that SUNDAY SOMEWHERE makes available through the Website either now or in the
future;

“Payment Information”

Means any details required for the purchase of Goods from this Website. This
includes, but is not limited to, credit / debit card numbers, bank account
numbers and sort codes;

“Premises”

Means Our place of business located at 35 BEAUFORT COURT, ADMIRALS WAY,
LONDON, E14 9XL

“System”

Means any online communications infrastructure that SUNDAY SOMEWHERE makes
available through the Website either now or in the future. This includes, but
is not limited to, web-based email, message boards, live chat facilities and
email links;

“User” / “Users”

Means any third party that accesses the Website and is not employed by
SUNDAY SOMEWHERE and acting in the course of their employment;

“Website”

Means the website that you are currently using (www.sundaysomewhere.com) and
any sub-domains of this site unless expressly excluded by their own terms and
conditions;

“We/Us/Our”

Means SUNDAY SOMEWHERE UK LTD Eyewear Ltd. trading as SUNDAY SOMEWHERE, a
company registered in England under company number 13168010 with its registered
address at 35 BEAUFORT COURT, ADMIRALS WAY, LONDON, E14 9XL

AGE RESTRICTIONS

Persons under the age of 18 should use this Website only with the
supervision of an Adult. Payment Information must be provided by or with the
permission of an Adult.

BUSINESS CUSTOMERS

These Terms and Conditions do not apply to customers buying Goods in the
course of business.

INTERNATIONAL CUSTOMERS

The Customer acknowledges that he/she is familiar with the customs laws of
the country to which the Goods are to be delivered, and agrees that the
Customer will be responsible for compliance with all local laws which may
restrict the importation of certain goods, and will be solely responsible for payment
of any present or future tax, duty or charge which may be imposed or assessed
by any relevant regulatory authority on the Goods purchased.

INTELLECTUAL PROPERTY

5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all
Content included on the Website, unless uploaded by Users, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video clips,
data compilations, page layout, underlying code and software is the property of
SUNDAY SOMEWHERE, Our affiliates or other relevant third parties. By continuing
to use the Website you acknowledge that such material is protected by
applicable United Kingdom and international intellectual property and other
laws.

5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in
any other fashion re-use material from the Website unless otherwise indicated
on the Website or unless given Our express written permission to do so.

THIRD PARTY INTELLECTUAL PROPERTY

6.1 Unless otherwise expressly indicated, all Intellectual Property rights
including, but not limited to, Copyright and Trademarks, in product images and
descriptions belong to the manufacturers or distributors of such products as
may be applicable.

6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in
any other fashion re-use such material unless otherwise indicated on the
Website or unless given express written permission to do so by the relevant
manufacturer or supplier.

FAIR USE OF INTELLECTUAL PROPERTY

Material from the Website may be re-used without written permission where
any of the exceptions detailed in Chapter III of the Copyright Designs and
Patents Act 1988 apply.

LINKS TO OTHER WEBSITES

This Website may contain links to other sites. Unless expressly stated,
these sites are not under the control of SUNDAY SOMEWHERE or that of our
affiliates. We assume no responsibility for the content of such websites and
disclaim liability for any and all forms of loss or damage arising out of the
use of them. The inclusion of a link to another site on this Website does not
imply any endorsement of the sites themselves or of those in control of them.

LINKS TO THIS WEBSITE

Those wishing to place a link to this Website on other sites may do so only
to the home page of the site (www.sundaysomewhere.com) without Our prior
permission. Deep linking (i.e. links to specific pages within the site)
requires our express written permission. To find out more please contact us by
email at someone@sundaysomewhere.com

USE OF COMMUNICATION FACILITIES

10.1 When using Systems on the Website you should do so in accordance with
the following rules. Failure to comply with these rules may result in your
Account being suspended or closed:

You must not use obscene or vulgar language;You must not submit Content that
is unlawful or otherwise objectionable. This includes, but is not limited to,
Content that is abusive, threatening, harassing, defamatory, ageist, sexist or
racist;You must not submit Content that is intended to promote or incite
violence;It is advised that submissions are made using the English language as
we may be unable to respond to enquiries submitted in any other languages;The
means by which you identify yourself must not violate these Terms and
Conditions or any applicable laws;You must not impersonate other people,
particularly employees and representatives of SUNDAY SOMEWHERE or our
affiliates;You must not use Our System for unauthorised mass-communication such
as “spam” or “junk mail”.

10.2 You acknowledge that SUNDAY SOMEWHERE reserves the right to monitor any
and all communications made to Us or using Our System.

10.3 You acknowledge that SUNDAY SOMEWHERE may retain copies of any and all
communications made to Us or using Our System.

10.4 You acknowledge that any information you send to Us through Our System
may be modified by Us in any way and you hereby waive your moral right to be
identified as the author of such information. Any restrictions you may wish to
place upon Our use of such information must be communicated to Us in advance
and We reserve the right to reject such terms and associated information.

ACCOUNTS

11.1 In order to purchase Goods on this Website and to use certain other
parts of the System, you are required to create an Account which will contain
certain personal details and Payment Information which may vary based upon your
use of the Website as We may not require Payment Information until you wish to
make a purchase. By continuing to use this Website you represent and warrant
that:

All information you submit is accurate and truthful;You have permission to
submit Payment Information where permission may be required; andYou will keep
this information accurate and up-to-date.Your creation of an Account is further
affirmation of your representation and warranty.

11.2 It is recommended that you do not share your Account details,
particularly your username and password. We accept no liability for any losses
or damages incurred as a result of your Account details being shared by you. If
you use a shared computer, it is recommended that you do not save your Account
details in your internet browser.

11.3 If you have reason to believe that your Account details have been
obtained by another person without consent, you should contact us immediately
to suspend your Account and cancel any unauthorised purchases that may be
pending. Please be aware that purchases can only be cancelled until they are
dispatched. In the event that an unauthorised purchase is dispatched prior to
your notifying us of the unauthorised nature of the purchase, you may return
the goods for a refund within thirty days of your receipt, provided they
are returned in their original packaging, undamaged and in an unopened, unused
and re-sellable condition.

11.4 When choosing your username you are required to adhere to the terms set
out above in Clause 10. Any failure to do so could result in the suspension
and/or deletion of your Account.

TERMINATION AND CANCELLATION OF ACCOUNTS

12.1 Either SUNDAY SOMEWHERE or you may terminate your Account. If we
terminate your Account, you will be notified by email and an explanation for
the termination will be provided. Notwithstanding the foregoing, we reserve the
right to terminate without giving reasons.

12.2 If we terminate your Account, any current or pending purchases on your
Account will be cancelled and will not be dispatched.

12.3 We reserve the right to cancel purchases without stating reasons, for
any reason prior to processing payment and dispatch.

12.4 If purchases are cancelled for any reason prior to dispatch you will be
refunded any sums paid in relation to those purchases within 14 calendar days.

12.5 If you terminate your Account, any non-dispatched purchases will be
cancelled and you will be refunded any monies paid in relation to those
purchases within 14 calendar days.

GOODS, PRICING AND AVAILABILITY

13.1 Whilst every reasonable effort has been made to ensure that all
graphical representations and descriptions of Goods available from Us
correspond to the actual Goods, We are not responsible for variations from such
descriptions. This does not exclude Our liability for mistakes due to
negligence on Our part and refers only to minor variations of the correct
Goods, not different Goods altogether. Please refer to Clause 15.1 for
incorrect Goods.

13.2 Where appropriate, you may be required to select the required size,
type and number of the Goods that you are purchasing.

13.3 We neither represent nor warrant that Goods will be available. Stock
indications are provided on the Website however such indications may not take
into account sales that have taken place during the last two hours.

13.4 All pricing information on the Website is correct at the time of going
online. We reserve the right to change prices and alter or remove any special
offers from time to time and as necessary.

13.5 In the event that prices are changed during the period between an order
being placed for Goods and Us processing that order and taking payment, the
original price shown will be honoured.

13.6 All prices on the Website include VAT. SUNDAY SOMEWHERE’s VAT number is
240 216 455.

ORDERS AND DELIVERY

14.1 No part of this Website constitutes a contractual offer capable of
acceptance. Your order constitutes a contractual offer that We may, at Our sole
discretion, accept. Our acceptance is indicated by Us sending to you an order
dispatch confirmation email. Only once We have sent you an order dispatch
confirmation email will there be a binding contract between SUNDAY SOMEWHERE
and you.

14.2 Order dispatch confirmations under sub-Clause 14.1 shall contain the
following information:

Confirmation of the Goods ordered including full details of the main
characteristics of those Goods;Fully itemised pricing for the Goods ordered
including, where appropriate, taxes, delivery and other additional
charges;Estimated delivery date(s) and time(s);

14.3 A dispatch note shall be enclosed on paper with your Goods.

14.4. If We, for any reason, do not accept your order, no payment shall be
taken under normal circumstances. In any event, any sums paid by you in
relation to that order will be refunded within 14 calendar days.

14.5 All Goods purchased by you will be delivered within 30 calendar days of
Our order confirmation unless otherwise agreed.

14.6 The risk in the Goods shall remain with Us until they come into your
physical possession.

RETURNS POLICY

SUNDAY SOMEWHERE aims to always provide high quality Goods that are fault
free and undamaged. On occasion however, Goods may need to be returned. Returns
are governed by these Terms and Conditions.

15.1 If you receive Goods which do not match those that you
ordered, please contact Us via Our website. Once a return is approved
We will supply you with a returns form. A confirmation email will be sent once
the returned Goods have been received. You will be given the option to have the
Goods replaced with those ordered (if available) exchanged or to be refunded
through the payment method used by you when purchasing the Goods. Replacements
will be issued upon Our receipt of the returned Goods. We are fully responsible
for paying shipment costs. Goods must be returned in their original condition
with all packaging and documentation. Refunds will be issued within 5 working
days and in any event no later than 30 calendar days after receipt of the
returned Goods and will include standard delivery charges. We regret that
additional costs such as express delivery and gift-wrapping cannot be refunded.

15.2 If Goods are damaged in transit and the damage is apparent on delivery,
you should sign any applicable delivery note to the effect that the Goods have
been damaged. To return the damaged Goods, please contact Us via Our
website. Once a return is approved We will supply you with a returns
form. A confirmation email will be sent once the returned Goods have been
received. You will be given the option to have the Goods replaced or to be
refunded through the payment method used by you when purchasing the Goods.
Replacements will be issued upon Our receipt of the returned Goods. Refunds
will be issued no later than 30 calendar days after receipt of the returned
Goods and will include standard delivery charges. We regret that additional
costs such as express delivery and gift-wrapping cannot be refunded.

15.3 If any Goods you have purchased have faults when they are delivered to
you, please contact Us via Our website. Once a return is approved We
will supply you with a returns form. A confirmation email will be sent
once the returned Goods have been received. You will be given the option to
have the Goods replaced, exchanged or to be refunded through the payment method
used by you when purchasing the Goods. We are fully responsible for paying
shipment costs. Replacements will be issued upon Our receipt of the returned
Goods. Refunds will be issued within 5 working days and in any event no later
than 30 calendar days after receipt of the returned Goods and will include
standard delivery charges. We regret that additional costs such as express
delivery and gift-wrapping cannot be refunded.

15.4 If any Goods you have purchased develop faults within 365 calendar days
of delivery, you may be entitled to a replacement but not a refund. In order to
arrange for such a replacement please contact Us via Our
website. Once a return is approved We will supply you with a returns
form. A confirmation email will be sent once the returned Goods have been
received. We will assess the Goods and alleged faults upon receipt and if We conclude
(at Our sole discretion, acting reasonably and in good faith) determine that
the fault is not a result of mistreatment by you (deliberate, negligent or
otherwise), We will issue replacement Goods at no additional cost to you.

15.5 If you are a consumer based within the European Union, you have a
statutory right to a “cooling off” period. This period begins once your order
is complete and ends 30 calendar days after the Goods have been delivered to
you. If the Goods are delivered to you in installments, the 30 calendar day
period begins on the day that you receive the final installment. If you change
your mind about the goods within this period, please inform Us within 30
calendar days of receipt. Goods must be returned to Us unopened and in original
condition within 14 calendar days of the day on which you inform Us that you
wish to return the Goods. You are responsible for paying return shipment costs
if Goods are returned for this reason. Refunds will be issued within 5 working
days and in any event no later than 30 calendar days after you inform Us that
you wish to cancel under this provision and will include standard delivery
charges. We regret that additional costs such as express delivery and
gift-wrapping cannot be refunded.

15.6. SUNDAY SOMEWHERE may not be able to accept returns under the cooling
off period of the following types of Goods and/or taking into account the
following circumstances:

Goods made to your specifications or that have been personalised;Goods which
are liable to deteriorate or expire rapidly;Goods which are sealed for health
or hygiene reasons that have been unsealed after delivery;Goods which are,
after delivery, according to their nature, inseparably mixed with other
items;Goods consisting of audio or video recordings or computer software
(including games) in sealed packaging where the seal has been broken after
delivery.Any use or enjoyment that you may have already had out of the Goods
beyond handling them to the extent necessary to establish the nature,
characteristics and functioning of them (such as you would, for example, handle
a display item in a shop). Please note that opening packaging does not prevent
you from returning Goods unless the Goods fall under sub-Clauses 15.7.3 or
15.7.5 and in any event does not include the opening of delivery packaging,
only the packaging of the product itself. PRIVACY

16.1 Use of the Website is also governed by Our Privacy Policy which is incorporated into these
Terms and Conditions by this reference. To view the Privacy Policy, please
click on the link above.

16.2 The Website places the following cookies onto your computer or device.
These cookies are used for the purposes described herein. Full details of the
cookies used by the Website and your legal rights with respect to them are
included in Our Cookie Policy. 

16.3 If you wish to opt-out of Our placing cookies onto your computer or
device, please "adjust your internet browser's settings to restrict
cookies as detailed in your internet browser's help menu". You may also
wish to delete cookies which have already been placed. For instructions on how
to do this, please consult your internet browser’s help menu.

HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)

17.1 All personal information that We may collect (including, but not
limited to, your name and address) will be collected, used and held in
accordance with the provisions of the Data Protection Act 2018 and your rights
under that Act.

17.2 We may use your personal information to:

Provide Our Goods and services to you;Process your payment for the Goods;
andInform you of new products and services available from Us. You may request
that We stop sending you this information at any time.

17.3 In certain circumstances (if, for example, you wish to purchase Goods
on credit), and with your consent, We may pass your personal information on to
credit reference agencies. These agencies are also bound by the Data Protection
Act 2018 and should use and hold your personal information accordingly.

17.4 We will not pass on your personal information to any other third
parties without first obtaining your express permission. 

DISCLAIMERS

18.1 We make no warranty or representation that the Website will meet your
requirements, that it will be of satisfactory quality, that it will be fit for
a particular purpose, that it will not infringe the rights of third parties,
that it will be compatible with all systems, that it will be secure and that
all information provided will be accurate. We make no guarantee of any specific
results from the use of Our services.

18.2 No part of this Website is intended to constitute advice and the
Content of this Website should not be relied upon when making any decisions or
taking any action of any kind.

18.3 No part of this Website is intended to constitute a contractual offer
capable of acceptance.

18.4 Whilst We use all reasonable endeavours to ensure that the Website is
secure and free of errors, viruses and other malware, you are strongly advised
to take responsibility for your own internet security, that of your personal
details and your computers.

CHANGES TO THE SERVICE AND THESE TERMS AND CONDITIONS

We reserve the right to change the Website, its Content or these Terms and
Conditions at any time. You will be bound by any changes to the Terms and
Conditions from the first time you use the Website following the changes. If We
are required to make any changes to these Terms and Conditions pertaining to
the sale of Goods by law, these changes will apply automatically to any orders
currently pending in addition to any orders placed by you in the future.

AVAILABILITY OF THE WEBSITE

20.1 The Website and any Service provided therein is provided “as is” and on
an “as available” basis. We give no warranty that the Website or any Service
will be free of defects and / or faults. To the maximum extent permitted by the
law We provide no warranties (express or implied) of fitness for a particular
purpose, accuracy of information, compatibility and satisfactory quality.

20.2 We accept no liability for any disruption or non-availability of the
Website resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and
censorship. 

LIMITATION OF LIABILITY

21.1 To the maximum extent permitted by law, We accept no liability for any
direct or indirect loss or damage, foreseeable or otherwise, including any
indirect, consequential, special or exemplary damages arising from the use of
the Website or any information contained therein. You should be aware that you use
the Website and its Content at your own risk.

21.2 Nothing in these Terms and Conditions excludes or restricts SUNDAY
SOMEWHERE's liability for death or personal injury resulting from any
negligence or fraud on the part of SUNDAY SOMEWHERE.

21.3 Nothing in these Terms and Conditions excludes or restricts SUNDAY
SOMEWHERE’s liability for any direct or indirect loss or damage arising out of
the incorrect delivery of Goods or out of reliance on incorrect information
included on the Website.

21.4 In the event that any of these terms are found to be unlawful, invalid
or otherwise unenforceable, that term is to be deemed severed from these Terms
and Conditions and shall not affect the validity and enforceability of the
remaining Terms and Conditions. This term shall apply only within jurisdictions
where a particular term is illegal.

NO WAIVER

In the event that any party to these Terms and Conditions fails to exercise
any right or remedy contained herein, this shall not be construed as a waiver
of that right or remedy.

PREVIOUS TERMS AND CONDITIONS

In the event of any conflict between these Terms and Conditions and any
prior versions thereof, the provisions of these Terms and Conditions shall
prevail unless it is expressly stated otherwise.

THIRD PARTY RIGHTS

Nothing in these Terms and Conditions shall confer any rights upon any third
party. The agreement created by these Terms and Conditions is between you and
SUNDAY SOMEWHERE.

COMMUNICATIONS

25.1 All notices / communications shall be given to Us either by post to Our
Premises (see address above) or by email to someone@sundaysomewhere.com.
Such notice will be deemed received 3 days after posting if sent by first class
post, the day of sending if the email is received in full on a business day and
on the next business day if the email is sent on a weekend or public holiday.

25.2 We may from time to time, if you opt to receive it, send you
information about Our products and/or services. If you do not wish to receive
such information, please click on the ‘Unsubscribe’ link in any email which you
receive from us.

LAW AND JURSIDICTION

These Terms and Conditions and the relationship between you and SUNDAY
SOMEWHERE shall be governed by and construed in accordance with the Law of
England and Wales and SUNDAY SOMEWHERE and you agree to submit to the exclusive
jurisdiction of the Courts of England and Wales.

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What we offer

10% baseline commission

30 day cookie as standard

Exclusive promotions/voucher codes where needed to support campaigns Online promotions

Regular email updates on new products, best sellers and promotions.

Up-to-date creative assets - both static and dynamic.

14 return days