Terms of service

Terms of Service — SunMer (EU / Netherlands Version)

Last updated: [insert date]

1. Identity of the Trader

This website is operated by SunMer (“SunMer”, “we”, “us”, or “our”).

In accordance with EU and Dutch legal requirements, the trader’s details are:

  • Company name: SunMer

  • Registered address: Zwanebloemlaan, Amsterdam, The Nethlands

  • Chamber of Commerce (KvK) number: 42052813

  • VAT number: NL005458652B86

  • Email: hi@sunmer.co

2. Scope and Acceptance

These Terms of Service (“Terms”) apply to all users of this website and all purchases made through it.

By accessing our website or purchasing from us, you agree to be bound by these Terms.

These Terms comply with:

  • EU Consumer Rights Directive (2011/83/EU)

  • Dutch Civil Code (Burgerlijk Wetboek, Book 6)

  • E-Commerce Directive (2000/31/EC)

If you do not agree, you may not use our services.

3. Online Store Use

You confirm that:

  • You are at least 18 years old, or have consent from a legal guardian

  • You will not use our products for illegal purposes

  • You will not violate applicable laws (including IP and consumer laws)

We reserve the right to refuse service where legally permitted.

4. Products and Availability

  • Products may be available exclusively online

  • We strive for accurate product descriptions, but errors may occur

  • Availability is not guaranteed

Under Dutch law:

  • All offers are non-binding (“vrijblijvend”) until confirmed

  • A contract is formed only after order confirmation

5. Pricing and Payments

  • All prices are shown including VAT (BTW) where applicable

  • Shipping costs are clearly communicated before checkout

  • We reserve the right to correct obvious pricing errors

In case of clear pricing mistakes:

  • We are not obligated to fulfill the order (Art. 6:228 BW – error)

6. Right of Withdrawal (Herroepingsrecht)

Under EU law, consumers have the right to withdraw from a purchase within 14 days without giving any reason.

Withdrawal period:

  • 14 days from receipt of goods

Effects:

  • Full refund of goods, excluding shipping 

  • Refund issued within 14 days after receiving returned goods

Conditions:

  • Product must be unused, unopened and returned in original condition

  • Consumer bears return shipping costs unless otherwise stated

Exceptions:

The right of withdrawal does not apply to:

  • Custom or personalised products

  • Sealed goods not suitable for return once opened (e.g. hygiene products, sun care products, moisterisers)

7. Returns and Refunds

Returns must follow our Return Policy.

We comply with:

  • EU Directive 2011/83/EU

  • Dutch consumer protection law

Refunds will be processed using the original payment method unless agreed otherwise.

8. Conformity and Warranty

Under Dutch law (Art. 7:17 BW):

Consumers are entitled to products that:

  • Meet reasonable expectations

  • Match descriptions and functionality

If a product is defective:

  • You are entitled to repair, replacement, or refund

This is a statutory warranty and cannot be excluded.

9. Account and Billing Information

You agree to provide:

  • Accurate and current information

  • Valid payment details

We may cancel orders if fraud or abuse is suspected.

10. Third-Party Tools and Links

We may provide access to third-party services.

We are not responsible for:

  • Content

  • Accuracy

  • Practices of third parties

Use is at your own risk.

11. Intellectual Property

All content on this site (including branding, visuals, copy) is owned by or licensed to SunMer.

You may not:

  • Copy

  • Distribute

  • Commercially exploit

Without prior written permission.

12. User Content

If you submit content (reviews, ideas, etc.):

You grant us a non-exclusive, royalty-free, worldwide license to use it.

You confirm that:

  • You own the rights

  • It does not infringe third-party rights

13. Prohibited Uses

You may not use the website:

  • For unlawful purposes

  • To infringe intellectual property

  • To distribute malware

  • To harass or discriminate

Violation may result in termination.

14. Limitation of Liability

To the extent permitted by law:

SunMer is not liable for:

  • Indirect or consequential damages

  • Loss of profit or data

However:

Nothing excludes liability for:

  • Death or personal injury

  • Fraud or gross negligence

  • Mandatory consumer rights under EU/Dutch law

15. Force Majeure (Overmacht)

We are not liable for delays or failures caused by events beyond our control, including:

  • Natural disasters

  • Supply chain disruptions

  • Government actions

16. Privacy and Data Protection

We process personal data in accordance with:

  • General Data Protection Regulation (GDPR)

  • Dutch GDPR Implementation Act (UAVG)

See our Privacy Policy for full details.

17. Changes to Terms

We may update these Terms at any time.

Changes will:

  • Be posted on this page

  • Apply only to future transactions

18. Governing Law and Jurisdiction

These Terms are governed by:

  • Dutch law (Netherlands)

Disputes will be submitted to:

  • The competent court in the Netherlands

  • Or the consumer’s local court, where required by EU law

19. Dispute Resolution

Consumers may also use:

We are not obliged to participate in alternative dispute resolution unless legally required.

20. Contact Information

Questions about these Terms should be sent to:

  • Email: hi@sunmer.co / www.sunmer.co

Mobile Terms (EU-Compliant SMS Marketing)

Consent

By opting into SunMer SMS marketing, you agree to receive messages regarding:

  • Orders

  • Promotions

  • Updates

Consent must be:

  • Freely given

  • Specific

  • Informed

  • Unambiguous (GDPR standard)

Opt-out

You may opt out at any time by:

  • Clicking unsubscribe link

  • Replying STOP

Costs

  • Message and data rates may apply

  • Frequency varies

Data Use

Your data will be processed in line with:

  • GDPR

  • ePrivacy Directive