Terms & Conditions
Terms and Conditions: Sale of Goods – Online and by Telephone
IMPORTANT: PLEASE READ
WE DRAW YOUR ATTENTION TO THESE TERMS AND CONDITIONS WHICH APPLY WHENEVER YOU BUY GOODS FROM US ONLINE OR OVER THE TELEPHONE. PLEASE READ THEM VERY CAREFULLY BEFORE YOU PROCEED TO MAKE YOUR PURCHASE BECAUSE THEY EXPLAIN IMPORTANT INFORMATION ABOUT THE BASIS ON WHICH WE WILL SELL GOODS TO YOU.
BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
YOU SHOULD PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
In these Terms:
“Website” means Our website at www.ssomofficial.com
“Goods” means the goods which We will supply to You in accordance with these Terms and Conditions.
“Order” means an order which You place with Us detailing the Goods You wish to buy from Us.
“We/Us/Our” means Sunshine State of Mind Ltd (company number 11535353) of
PO Box 6636
“You/Your” means you, the person using Our Website and/or buying Goods from Us.
- ENTIRE AGREEMENT
These Terms and Conditions (together with our privacy and cookies policy, and any other terms and conditions on the Website) contain the entire understanding between you and us with respect to use of this Website and any product(s) you purchase on or through this Website, and, save as required by law, no representation, statement or inducement, whether oral or written, not contained herein shall bind us or you. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of Sunshine State of Mind Ltd. No other representative has any authority to waive, alter, vary or add to these Terms and Conditions. Before using this Website please read through all referenced documents carefully. Nothing in this paragraph limits or excludes liability for fraudulent misrepresentation.
- HOW THESE TERMS AND CONDITIONS APPLY
1.1 The Terms in Section A explain how Our Website must be used. They apply to ALL users of the Website. Section B also applies when You buy Goods using the Website or over the telephone. We may amend the Terms from time to time and you are advised to check them regularly for any changes which We make.
Section A: Terms of Website Use
- ABOUT THIS WEBSITE
3.1 This Website is aimed at people who are consumers. The information on this Website is in English, all communications shall be in English and the Website is designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell our goods and We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents. We may restrict access to some parts of the Website to users who have registered with Us.
3.2 This Website is operated by Sunshine State of Mind Ltd, a company registered in England and Wales with Company Number 11535353. Our registered office is SSOM Ltd PO Box 6636, BEDWORTH, CV12 2DF. We are a limited company.
3.3 This Website is not intended for use by children or minors under the age of 18 years without the permission of a parent or guardian. You must be at least 18 years of age to make a purchase on this Website.
- OUR RIGHTS IN THE WEBSITE
The copyright and other ownership rights (known as “Intellectual Property Rights”) in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website. Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.
You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time.
We may use any information which you upload to Our Website as We decide and We may also disclose that information to a third party.
- WEBSITE CONTENT
We have taken great care in compiling this Website but neither We nor Our directors, employees or other representatives or any other companies within Our group of companies will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide information which is accurate and up to date, We do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information which We provide is not intended to be advice which You should rely on. The information contained on this Website is provided on an “AS IS” basis and We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law allows.
We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice.
We may provide links to other websites. If we do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.
We do not guarantee that this Website will always be available or be free from error, virus or similar.
We are under a legal duty to supply goods that are in conformity with the contract and we aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.
- HOW YOU MUST USE THIS WEBSITE
Submissions or comments which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this Website.
All information which You submit should be accurate, truthful and should not be copied.
You must use Your own identity at all times when using the Website and should ensure that all information which You provide is accurate and up to date to the best of Your knowledge. You must not use information about any other person except if You have their permission to do so.
You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.
We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website.
If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone.
We may refuse access to this Website to anyone who does not comply with these Terms.
Section B: Terms of Sale
- OUR AGREEMENT FOR THE SALE OF GOODS AND THE ORDERING PROCESS
- 7.1 The Website displays Goods which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon despatch to you of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
- 7.2 Any variation of the Contract must be expressly agreed between You and Us.
- 7.3 The following paragraphs explain the process which You will need to go through to place an Order and how the Contract for the sale of Goods between us will be formed. This section also explains important information about payment and delivery.
Step 1 – Choosing your Goods
You can select a product for purchase by clicking on the item which You are interested in and then clicking on “Add to Basket”.
Step 2 – Reviewing Your Basket
You can review the products which You have added to Your basket. You can change the contents of Your basket by amending the quantity of Goods You want to order (which may be subject to a maximum number of items, per size from time to time), removing any unwanted items by clicking ‘Remove’ and viewing the basket total value. You can also enter any promotional code which You may have. Entering a valid promotional code and clicking ‘Redeem’ will update the basket total. You can then continue shopping and adding to Your basket if You wish or if You don’t want to buy anything else, go straight to the next step.
Step 3 – Going to Checkout
Once You have finished shopping, You can proceed to Checkout by clicking on “Continue” or by hovering over the basket icon in the top right hand corner of the page and then clicking “Checkout”.
Step 4 – Customer registration
You will then be asked whether You are a guest or an existing customer. To register as a guest customer You will be asked to provide Your e-mail address. We will then store that information for the purposes of processing Your Order but it will not be recognised next time You visit the Website. Existing customers will be asked for a password and e-mail address to login, each time an Order is placed.
Step 5 – Completing Your Address and Delivery Details
If You are a guest Customer, You will be given a list of delivery options. Once You have chosen Your option (or vice versa), You will be asked to enter Your delivery address or a town or postcode to find your nearest collection point. If You are an existing Customer, You will be shown a list of any delivery addresses You have previously entered. You will have the option of selecting the same address for Your billing address. Alternatively, You can enter a different billing address. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details.
Step 6 – Your Order Summary and Payment Information
You will then need to choose Your payment method and enter Your payment details. Please check this information very carefully. You will then be given the option to save such details for Your next visit. If You are an existing customer and you have previously saved Your payment details, they will appear here. Your Order summary page will then appear. This includes details of the Goods in Your Order. You should check the details at this stage very carefully as this is the final stage in the Order process at which You can correct any mistakes or change the Goods which You want to Order. You can do this by returning to the home page and completing the process set out above again. If You are happy with Your Order, click “Place Order & Pay”.
Step 7 – Placing Your Order
By clicking on “Place Order & Pay”, You are confirming that You have read, understood and accepted these Terms. At this point Your Order will be submitted to Us.
Step 8 – Order Acknowledgement
Once We have received confirmation that Your payment has been authorised, a screen will appear, thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. Print a copy of the Order acknowledgment and e-mail and keep them for Your records. Please note, Our acceptance of Your Order (regardless of the content of any emails we send you) will only take place on despatch of Your Order.
- 7.4 We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so which may include circumstances where:
- 7.4.1 We are unable to obtain authorised payment or the payment process is incomplete; or
- 7.4.2 We identify a product or pricing error on the Website; or
- 7.4.3 You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or
- 7.4.4 We suspect that Your Order is related to fraudulent activity; or
- 7.4.5 You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or
- 7.4.6 Goods are unavailable or out of stock.
- 7.5 We may contact You by telephone or email to verify details before We are able to process and despatch Your Order or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value.
- 7.6 The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods which can be included in an Order. If the total value of Goods in Your bag exceeds the limit which We may choose from time to time, then We will contact You.
- PRICE AND PAYMENT
- 8.1 Prices and delivery charges are as published on the Website when We accept Your Order. Prices include VAT and are in pounds sterling. Delivery charges are shown separately. All applicable delivery charges are as stated on the Website. The delivery charge for the Order is shown on the shopping basket page below Your chosen items. This means that if You order more than one item, there is no delivery charge for the additional items in one single transaction.
- 8.2 We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when we ship Your Order, We will inform You by email or telephone and ask You if You wish to proceed. If you decline and for any reason payment has already been taken, it will be re-credited to Your credit or debit account.
- 8.3 Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
- 8.4 We must receive payment for the Goods in full before they are despatched.
- 8.5 We accept payment via most major credit and debit cards including Visa, Mastercard, Maestro and American Express. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery.
- 8.6 Your card provider may charge You for using You card. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details.
- 8.7 If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the date of Your Order. We will not be responsible for any compensation if Goods which You order are not available for any reason.
If You Change Your Mind
- 9.1 You have a legal right to cancel the contract (subject to certain exceptions set out below) without giving any reason within 14 days of the day after You receive the Goods. This is the “Cancellation Period”.
- 9.2 You can cancel by sending Us the returns form provided with the items by post to SSOM Ltd PO Box 6636, BEDWORTH, CV12 2DF.
- 9.3 You must return the Goods to Us (at your own risk and cost) within 14 days of receiving your order by sending them (by recorded delivery or courier) to:
SSOM Ltd PO Box 6636, BEDWORTH, CV12 2DF SSOM RETURNS,
- 9.4 The Goods must be returned unused with the original condition and packaging within 14 days from the day you received them for a refund and within 28 days for any exchanges.
- 9.5 If the nature of the Goods means that You cannot return them by post, You will be responsible for the cost of couriering the Goods to Us; if you contact Customer Services we will try to provide You with an estimate of the courier cost.
- 9.6 We will ordinarily refund the full the purchased price.
- 9.7 You must take care of the products before You return them to Us. We may reduce the amount We refund to You if You use them, damage them or otherwise do something beyond what is reasonably necessary to examine them that reduces their resale value.
- 9.8 You do not have the legal right to cancel any Goods which have been personalised to your requirements.
- 9.9 If you simply want to exchange the Goods You have ordered, you can do so within 28 (twenty-eight) days of the day after You receive the Goods.
If Things Go Wrong
- 9.10 We warrant that the Goods which we supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.
- 9.11 If You return Goods to Us for a reason other than if You change Your mind, We will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or other fault in the Goods. This is subject to You returning the Goods to Us within a reasonable period.
- 9.12 We will replace the Goods or refund You provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, Your negligence or if You fail to follow product instructions or if the Goods have been misused, altered or repaired without Our approval. Any refund will not include any delivery charges which You have paid and will not include Your cost of returning the Goods to Us. If We do not find any fault or defect then Your cancellation and refund rights are limited to those set out in Clauses 9.1 above although this does not affect your statutory rights. Subject to Clause 10 below, the remedy in this Clause 9.12 represents our entire liability to You for any claim in respect of the Goods which the law provides, in so far as We are permitted to limit Our liability to You.
- 9.13 If You believe that Goods have a defect then You should not make any further use of them before returning them to Us. Nothing in these Terms shall affect Your statutory rights. These are Your rights granted by law and which cannot be changed by Us
- 9.14 If You wish to return Goods in accordance with Clause 8.12 You may either:
- 9.15 return the Goods to Us in an unused, reasonable condition to the returns address in Clause 9.3
- 9.16 We will aim to process Your refund or replace the Goods as soon as possible but will do so within 30 (thirty) days of You returning the Goods to Us. If you have paid using a credit or debit card and if You choose to return Goods to one of Our stores, any refund or replacement due may be made at that time except that any delivery charge refunds which are due will be processed separately. We reserve the right to send any Goods which You claim are faulty to Our inspections team.
- 9.17 Whenever You return Goods to Us either because You believe they are faulty, We ask that Goods are returned to Us (within 14 days for refund and within 28 days for exchange), either by recorded delivery or courier so that You have proof of posting. We will not be responsible for Goods which are lost or damaged in the post.
- OUR LIABILITY
- 10.1 NOTHING IN THE CONTRACT OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
- 10.2 TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FOR NEGLIGENCE OR FOR ANY OTHER LIABILITY IN RELATION TO THE GOODS OR THIS CONTRACT OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THREE TIMES THE PRICE OF THE GOODS WHICH ARE THE SUBJECT OF THE LIABILITY  , PAID BY YOU TO US.
- 10.3 Some of the items which We offer for sale are fashion items and may not be suitable for sports or other activities.
- 11.1 We aim to deliver the Goods within the indicative timescales shown on Our Website. References to “working day” shall mean any day of the week excluding Sundays and Bank Holidays. However, time is not of the essence for delivery or performance and all delivery dates specified on our Website and in any correspondence are estimates only. This means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give an amended delivery estimate.
- 11.2 If Goods are out of stock then We will let you know by e-mail.
- 11.3 If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver in multiple consignments.
- 11.4 Ownership of the Goods will only pass to You upon delivery of the Goods. The Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them.
- 11.5 If the Goods or quantity which You receive are not as You ordered due to Our error then You should inform Us by email or letter using the contact details set out at Clause 9.3, as soon as possible after You receive the Goods and become aware of the error. We will make good any error. We will also reimburse to You any delivery costs which You incur in sending the incorrect Goods back to Us. However, we ask You to contact Us in advance to arrange Your return. Any Goods which You receive in error and intend to return should not be used by You.
- 11.5 Goods will be delivered to the address which You provide in the Order process however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method which We use may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods. For further information on deliveries please see Delivery Info
- 11.6 We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier We use to deliver the Goods. This may include leaving the Goods with a neighbour or in a safe place in or around Your property.
- 11.7 If the Goods are not delivered on the date expected you should notify us of such non-delivery within 30 days of such failure of delivery.
- 11.8 As a result of various international carrier restrictions, certain products We sell are not eligible for international delivery. This will either be detailed in the item product description, at the checkout stage when You add such items to Your basket or, in limited circumstances, We may have to cancel Your Order and issue You with a full refund.
- OUR RIGHTS IN THE GOODS
All ownership rights known as intellectual property rights in the Goods including all designs, trade marks, brand names, images and logos are and shall remain Our property or those of Our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to You.
- COPYRIGHT COMPLAINT POLICY; INFRINGEMENT NOTIFICATION
If you believe in good faith that certain Content on the Website infringes your copyright rights, please provide the written information requested below. The procedure outlined below is exclusively for notifying Sunshine State of Mind Ltd that your copyrighted material has been infringed.
Please provide the following information in the following order (including Section Numbers):
A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Website should be emailed or mailed to:
SSOM Ltd PO Box 6636, BEDWORTH, CV12 2DF
firstname.lastname@example.org, RE: Copyright Infringement
We suggest that you consult a solicitor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys’ fees) if you make a false claim of copyright infringement.
Sunshine State of Mind Ltd will review and address all notices that comply with the requirements above and applicable law.
You agree to cooperate fully with us and provide all reasonable assistance in the event we recall any product(s), at Sunshine State of Mind™ sole expense. Please notify us if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.
- 15.1 We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
- 15.2 We will not be held liable nor responsible against any claims made in relation to personal injury i.e. allergies or skin reactions (including, but not limited to)
- 15.3 The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.
- 15.4 If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply.
- 15.5 If either We or You do not at any time act on any rights which we have under this Contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.
- 15.6 This Contract is subject to English law and both We and You agree that any dispute arising under or connected to it will be decided by the English courts.
- 15.7 We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order, the Contract will remain subject to the version of the Terms which were in place at the time at which You placed Your Order, subject to any changes expressly agreed between You and Us.
- 15.8 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.
- 15.9 Any notice You send to Us will be deemed delivered as follows, depending on how You send it:
- 15.9.1 on the day on which it is left if You deliver the notice by hand; or
- 15.9.2 on the day on which it was posted if You post the notice as shown on proof of postage; or
- 15.9.3 on the day on which it is sent correctly if by email; and in each case it should be sent to the address set out at Clause 9.3
- 15.9.4 A person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it which means that only We and You have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
- The Contract is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website. If you are uncertain as to your rights under the Contract or you want any explanation about them please write to or email our customer services department, at the address set out above
- We have a procedure for investigating complaints and for dealing with queries about Our Website
SSOM Ltd PO Box 6636, BEDWORTH, CV12 2DF
You agree to defend, indemnify and hold harmless Sunshine State of Mind Ltd, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers, and distributors from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to solicitors’ fees), arising from or in connection with: (a) your use of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, Sunshine State of Mind Ltd, and/or its agents, third party licensors or licensees, (c) your breach of any provision of these Terms or any representations you provide herein, and/or (d) your use of the Website or purchase of any products or services from the Website. Sunshine State of Mind Ltd reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with Sunshine State of Mind Ltd in asserting any and all available defenses.
Please note that we will not file a copy of the contract between us. You should save or print a copy of these Terms and Conditions for your records.