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Terms & Conditions

Welcome to SunGod. These Terms and conditions (together with the documents referred in it) tell you the terms and conditions upon which we sell and supply the goods listed on this website to you.

By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.

ABOUT US

This Website is owned and operated by SunGod Ltd, a limited company (trading as SunGod), registered in England and Wales under company number 08687475. Our VAT number is 178815072.

COMMUNICATIONS

All communication will be carried out by email, through our official social media outlets (Facebook, Twitter or Instagram) or through information posted on our Website.

PRICE

The prices of the Goods are quoted on the Website. Unless otherwise stated, the prices quoted exclude delivery costs which will be added to the total amount due from you. Details of our delivery charges can be located in the Shipping section of our Support page.

It is the customer's responsibility to adhere to their local tax regulations; this includes import duty and VAT. VAT is applied to the invoice for orders inside the EU. For orders outside the EU VAT is not included in the price and is not shown on the invoice.

Orders to countries outside the EU may be subject to VAT, import duties and/or taxes, which are levied once the package reaches your country. SunGod ships your package according to Incoterm Delivered Duty Unpaid (DDU). This means that we do not collect VAT, duties and/or taxes on orders to countries outside the EU and we cannot predict what your particular charges may be. If you do incur any such additional charges they must be rendered in order for your package to clear customs. Please contact your local customs office or taxation authority for more information.

SunGod operates a standard product pricing policy in the UK and Channel Isles, customers are charged the same prices irrespective of where they live. Prices for those Determining prices outside the UK is more complex than only adjusting for differences in taxation, often there are additional costs and currency implications. Delivery costs for the Channel Isles are generally higher than for our mainland UK customers, and there can be higher local operating costs such as rent and wages.

PAYMENT & ORDER CONFIRMATION

We accept payment from any major credit or debit cards using PayPal Pro. For payment gateway specific terms and conditions please see www.paypal.com. SunGod does not handle or have access to your credit or debit card numbers. Payment will be debited and cleared from your account before the dispatch of the Goods to you.

All Goods ordered by you are for your own private or domestic use only and not for resale, and are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.

Once we have processed your order you will receive an order confirmation from us via email, confirming what you have purchased. Once your order has been despatched, you will receive a despatch confirmation, with tracking information if you have requested this service.

OVERSEAS ORDERS

Shipping to certain countries may be subject to you paying for the additional shipping or postage costs.

Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.

DELIVERY

The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address. Any dates quoted for delivering the Goods are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.

We shall not be liable for any delay in delivering the Goods, however caused. Where an order for multiple goods has been placed and one good is temporarily out of stock, the goods may be sent to you in instalments. You will be notified and have the option to cancel the part of your order that is out of stock.

For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.

RETURNS

Sorry, SunGod does not currently accept returns or exchanges of our Custom products. These are a bespoke product that has been built to order. Please contact us using our contact form with any questions regarding our return policy before ordering.

If you wish to cancel an order, reply directly to your Order Confirmation email or contact us using the contact form with your name and order number. A full refund will be issued if the order has not yet been shipped. Orders cannot be cancelled once they have shipped. Please allow 3 to 5 business days for a refund to be issued.

WRONGLY DELIVERED GOODS

We will offer you a refund of the full purchase price, including the cost of delivery and the cost of returning the Goods to us, provided that you return the goods to us and the following conditions are met:

  • the Goods have not suffered damage after delivery;
  • the Goods have not been misused or used other than in accordance with the instructions; and
  • the problem is not due to normal wear and tear.
  • been delivered in a faulty condition;
  • developed a fault within the product lifetime; or
  • have been delivered to you in error.

Alternatively, at your option, instead of a refund (and subject to returning the Goods as required under this clause) we will replace the Goods with the same or a similar product (subject to stock availability).

PROCESSING REFUNDS

We will examine any returned Goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card you used to purchase the Goods, unless outside 60 days of purchase when we will request bank details for transfer.

We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the Goods in the event that the Goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the Goods have not been returned with its original packaging. This does not affect your statutory rights.

SUNGOD LIFETIME GUARANTEE/WARRANTY

We are building our reputation on quality, performance products and that's why we stand behind them.

SunGod Lifetime Guarantee applies to SunGod Classics² and SunGod Renegades and covers the product in case of manufacturer's defects and accidental breakage. If your Classics² or Renegades break (or you break them), we will repair or replace them free of charge.

Our guarantee does not apply to lens scratches, general wear, loss or theft. Alteration, misuse or abuse will void this guarantee.

SunGod Lifetime Warranty applies to all products not listed above and covers the product against any manufacturer's defects.

To submit a claim, please Contact Us. Once the claim has been approved, send your SunGods to the specified address and we will repair or replace the damaged parts at no charge. Customer pays for postage, SunGod pays for return postage. Non-UK claims may be subject to a nominal postage fee.

The guarantee does not affect the legal rights of customers under applicable state or national laws governing the sale of consumer goods.

For breach of any written or implied guarantee on this product, the consumer is limited to damages of repair of the product or replacement with an identical or equivalent style, at the election of SunGod. SunGod is not liable for any other damages, such as special, incidental, or consequential damages, resulting from the use of this product.

SUNGOD GOLD/ICEMAN/BACKERCLUB LIFETIME CODES

Our exclusive Gold/Iceman/BackerClub lifetime codes can be applied to all purchases made on our website when a valid Gold/Iceman/BackerClub code is entered at checkout. Gold/Iceman/BackerClub codes cannot be used in conjunction with any other promotions and offers and are subject to a fair usage policy of 20 items per year.

Your Gold/Iceman/BackerClub code is for personal use only and must not be shared amongst friends or online. We reserve the right to revoke your code if we determine that these terms have been breached.

COMPLAINTS

If you have a comment, concern or complaint about any Goods you have purchased from us, please Contact Us.

FORCE MAJEURE

We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:

  • Strikes, lock-outs or other industrial action
  • Shortages of labour, fuel, power, raw materials
  • Late, defective performance or non-performance by suppliers
  • Private or public telecommunication, computer network failures or breakdown of equipment
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • Acts, decrees, legislation, regulations or restrictions of any government
  • Other causes, beyond our reasonable control

Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.

PRIVACY POLICY

We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).

You can find full details of our Privacy Policy on the Website.

THIRD PARTY RIGHTS

Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

WEBSITE – TERMS AND CONDITIONS OF USE

The Website is owned and operated by SunGod Ltd a limited company (trading as SunGod), registered in England and Wales under company number: 08687475. Our VAT number is 178815072.

The term 'you' refers to the user or viewer of our Website.

By browsing on or using the Website you are agreeing to comply with and be bound by these terms and conditions which, together with our privacy policy, governs our relationship with you regarding the use of our Website. If you disagree with any of our terms and conditions of use, please do not use our website.

INTELLECTUAL PROPERTY

The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to SunGod Ltd (trading as SunGod), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).

  • You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
  • You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
  • You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
  • You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
  • You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
  • No licence is granted to you to use any of our trade marks or those of our affiliated companies.
DISCLAIMER
  • It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
  • We will not be liable to you if the Website is unavailable at any time.
  • We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
  • All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
  • Any prices and offers are only valid at the time they are published on the Website.
  • All prices and descriptions supersede all previous publications.
  • Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
  • The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
  • We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
  • We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
  • We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
  • You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
  • We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
USE OF THE WEBSITE

You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.

We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.

You may not use the Website for any of the following purposes:
  • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
  • Breaching any applicable local, national or international laws, regulations or code of practice
  • Gaining unauthorised access to other computer systems
  • Interfering with any other person's use or enjoyment of the Website
  • Breaching any laws concerning the use of public telecommunications networks
  • Interfering with, disrupting or damaging networks or websites connected to the Website
  • Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
  • To create and/or publish your own database that features all or substantial parts of the Website

In addition, you must not:

  • Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
  • Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
  • Attack the Website via a denial-of-service attack or a distributed denial-of service attack
  • Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website

A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

EXTERNAL LINKS

To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

  • The privacy practices of such websites
  • The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
  • The use which others make of these websites

Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.

LIMITATION OF LIABILITY AND INDEMNITY

We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are forseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:

  • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
  • Any loss of goodwill or reputation; or
  • Any special or indirect losses; or
  • Any loss of data
  • Wasted management or office time
  • Any other loss or damage of any kind

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

GENERAL
  • We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
  • If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
  • All Contracts are concluded and available in English only.
GOVERNING LAW AND JURISDICTION
  • The Website is controlled and operated in the United Kingdom.
  • These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Last updated: 5th July 2016