Terms of Use

TERMS AND CONDITIONS

General, Customers, Language

  1. All offers, sales contracts, deliveries and services made with us, SUHU Limited, on the basis of any orders by our customers (each, a "Customer") through our online shop www.sunhuntersco.com (the "Online Shop") shall be governed by these general terms and conditions of sale (the "General Terms and Conditions").
  2. The product offerings in the Online Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions;
    1. “Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity; and
    2. “Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity.
  3. Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
  4. Our contracts with the Customer shall be made exclusively in the English language.

Conclusion of Contract

  1. Our offers in the Online Shop are non-binding.
  2. By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by us for a period ending at the end of the third business day following the day of the offer.
  3. We will send to the Customer an e-mail confirmation of receipt without undue delay after receipt of the order. This e-mail does not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.

Right of revocation

  1. The revocation period is 14 days from receipt of the product. To exercise the revocation right, the customer must send a formless declaration to SUHU LIMITED
  2. After exercising the right of revocation we shall refund the purchase price and the shipping costs of the product. The customer is obliged to bear the cost of return shipment. We are entitled to refuse providing a refund until the product has been sent back to us. We shall refund the costs within a period of 14 days from the receipt of the product or proof of its return shipment. The product must be dispatched/return shipped within 14 days of seeking a revocation. The customer is liable for damage to the product, unless the damage is due to the quality and function of the product.
  3. Refunds, returns and store credit are not permitted due to price changes.

Prices and Payment

  1. Our prices include statutory 19% GERMAN GST, but are net of shipping costs. Any customs duties and similar charges shall be borne by the Customer.
  2. Unless expressly otherwise agreed by us, all shipments by us shall require advance payment upon receipt of an invoice (to be made in the manner specified in our order form made available in the Online Shop).
  3. The advanced payment will be fulfilled immediately within the Online Shop by using our payment providers PayPal and Stripe.
  4. The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.

Dispatch of the Product

  1. Any date of dispatch communicated by us shall be only an approximate and may be exceeded by up to two business days, unless we have agreed to a fixed date of dispatch.
  2. Any time period relevant to determine the date of dispatch (as specified by us when the order is made or as otherwise agreed upon) shall begin:
    1. If advance payment has been agreed, upon receipt by us of the full purchase price (including GST and possible shipping costs); or
    2. If cash on delivery or payment after delivery has been agreed, upon the conclusion of the sales contract.
  3. The date of dispatch shall be such day on which the product is handed over by us to the carrier.
  4. Regardless of whether any product is indicated on the order form as "in stock", we may sell such product at any time, provided that
    1. the order form has included a notice as to the limited availability of the product; or
    2. an advance payment has been agreed upon and this payment amount is not received by us within a period of five business days upon our acceptance of the order. In such cases, we shall only be obligated to dispatch the product within the time period agreed upon or indicated by us as long as stock lasts.
  5. In the event that no date of dispatch has been specified or otherwise agreed upon or we are no longer required to deliver within any agreed time period pursuant to subsection 4 above, we shall be required to dispatch the product within a period of three weeks after the relevant date pursuant to subsection 1.
  6. In the event that our supplier fails to deliver in a timely manner a product that has been indicated on the order form as "not in stock" or has been sold off in accordance with subsection 4 above, any applicable delivery period pursuant to this section 5 shall be deemed to be extended until delivery is made by our supplier plus an additional period of three business days, but in no event by a period of more than three weeks, provided that our supplier’s failure to timely supply the products is not a result of our fault or negligence and that we have without undue delay ordered the relevant products from the supplier.
  7. In the event that the product is no longer available or cannot be timely delivered, for any of the reasons set out in subsection 6, we shall without undue delay inform the Customer thereof. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 10 of these General Terms and Conditions.
  8. Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.

Shipment, Insurance and Passing of Risk

  1. Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
  2. We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit times specified by us shall therefore only be non-binding estimates.
  3. If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
  4. We shall insure the product against the usual risks of transportation at our cost and expense.

Retention of Title and Resale

  1. We retain legal title to any product supplied by us until the purchase price (including GST and shipping costs) for such product has been fully paid.
  2. The Customer shall not be entitled to resell any products delivered by us, which are under retention of title, except with our prior written consent.

Warranty

  1. In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is a Business Customer, we shall have the right to choose between any such remedies at our discretion, provided that such choice shall be made by us by written notice (in “text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
  2. If the remedy pursuant to Section 8(1) above fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages, in each case in accordance with applicable laws provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 10 of these General Terms and Conditions.
  3. The warranty period shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product.
  4. With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us:
    1. in the case of any obvious defects within a period of five business days upon delivery; or
    2. otherwise within five business days from the day when the defect has been identified.

Termination

  1. We may, at our discretion, terminate the agreement for the supply of Goods to you:
    1. for convenience, at any time, on giving notice to you; or
    2. immediately if we reasonably believe that you have breached these Terms and: · that the breach is not capable of remedy; or · if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

Liability

  1. Our liability for late delivery shall, except in cases of willful misconduct or gross negligence, be limited to an amount equal to 100% of the aggregate purchase price (including GST).
  2. We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. The foregoing limitations of liability shall not apply in cases of willful misconduct or gross negligence.

Data Protection

  1. We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.
  2. We shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check, subject, however, to the Customer’s consent in each individual case. We shall not make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that a disclosure is required or permitted under applicable law.
  3. We shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Sect
  4. On receipt of a formless request from the customer we will immediately delete the customer’s personal data. The request shall be directed to ahoy@kapten-son.com.au

Applicable Law

  1. Any contracts entered into between us and the Customer, shall be governed by the laws applicable to ourÂ