Terms and Conditions
Article 1: Scope
Unless in case of explicit written derogation by Sunny Europe
NV, the present general conditions apply to all sales agreements
between a buyer and Sunny Europe NV, with registered office in
Belgium, at B-2030 Antwerp, Scheurweg 11 and with company number
0423.284.838, that have been closed through this website maritime.sunny.be (hereinafter referred to as
'the website'). Sunny Europe NV is hereinafter referred to by its
trade name 'Sunny'.
Unless in case of explicit written derogation by Sunny, these
general conditions supersede possible purchase conditions of a
buyer, even in case such purchase conditions are not explicitly
rejected. Neither are the present general conditions of Sunny to be
replenished by such purchase conditions.
Article 2: Conclusion of an agreement
Since the purchase is only effective with a view to the export
of goods to third countries, parties accept that the price is
displayed excluding VAT and excise duties. Since the purchase is
closed in Belgium and Sunny Europe is not responsible for the
import into any third country, no import duties are included.
To the extent that it appears that the customer - in spite of
his declaration - does not export the goods to a third country, the
customer will still be obliged to pay the applicable VAT, excise
duties and /or other charges upon first request of Sunny
The offers made on the website may at all times prior to the
conclusion of an agreement be altered or revoked by Sunny. An
agreement is concluded at the moment that the client receives an
order confirmation or confirmation of receipt of payment by Sunny.
Sunny reserves the right not to accept an order, in which case the
buyer will be notified as soon as possible.
Each agreement is deemed to be concluded at the place of the
registered office of Sunny.
Article 3: Legal abuse or bad faith
In the event of a justified suspicion of legal abuse or bad
faith on the party of the buyer, Sunny shall be entitled to
dissolve the agreement at the expense of the buyer, without
prejudice to the right of Sunny to claim damages resulting from
legal abuse or bad faith of the buyer.
In the event of justified suspicion of legal abuse or bad faith
on the part of the buyer, Sunny is also entitled to close the
buyer's account, in which case the buyer will no longer be able to
place orders via the website of Sunny.
Article 4: Possibility to renounce the
The buyer has the right to, within a period of fourteen (14)
calendar days from the day following the delivery of the goods,
renounce the purchase, as mentioned in article 2, paragraph 3 of
these general conditions without payment of fine and without giving
any reason. To exercise the right of renouncement, the
customer/buyer must inform Sunny, by post - addressed to the
registered office in Belgium, B-2030 Antwerp, Scheurweg 11, or by
e-mail at [….] of his decision to renounce the agreement by means
of an irrevocable statement. The buyer may use the attached model
form, but this is not mandatory; In order to respect the period of
renouncement, it is sufficient that the buyer sends his notice of
renouncement to Sunny before the period of renouncement has
The buyer who wishes to renounce the agreement, must return the
product(s) without delay and in any case within fourteen (14) days
from the day on which the buyer communicated his decision to
renounce the agreement or to hand it over to Sunny at the following
address: 2030 Antwerp Scheurweg 11 within the aforementioned period
of fourteen (14) days. The buyer shall present the original
invoice. In case the buyer invokes his right to renounce the
agreement, he shall bear all costs for sending the purchased items
back to Sunny. Renunciation is only accepted if the products are
returned in their original, complete and unused condition,
uncontaminated, undamaged and without breaking any seal. For
cosmetics, perfumery and audio products that are contained in a
full cellophane packaging, the cellophane packaging applies as a
seal. The buyer does not have the right to renounce the purchase in
case the goods purchased are food or drinks (of any kind), tobacco,
software or audio or video recordings of which the package or seal
has been broken.
If the buyer renounce the agreement, Sunny will refund all
payments received from the buyer, including the delivery costs
(with the exception of the additional costs resulting from the
buyer's choice for a type of delivery that is more expensive than
the least expensive method of delivery offered by Sunny) and this
without any delay and in any case within fourteen (14) days after
Sunny was informed of the decision of the buyer to renounce the
Article 5: Guarantee
All products in our shop or webstore are guaranteed for a
period of twenty four (24) months, except when otherwise mentioned
by the manufacturer, against defects of faulty workmanship and/or
Exceptions are made for following products/goods: food, drinks
(of any kind), tobacco, software or audio or video recordings of
which the package or seal has been broken.
Theguarantee certificateof the buyeristheinvoiceof Sunny.
Article 6: Delivery
Products are delivered at the address given by the buyer at the
moment of concluding the agreement. All costs of delivery to the
vessel in the ports of Antwerp, Ghent, Zeebrugge, Ostend, Sluiskil,
Terneuzen, Flushing, Moerdijk, Dordrecht, Rotterdam, Amsterdam
and Hamburg are at the charge of Sunny. Deliveries are carried out
by a third party. Costs relating to the return of the product(s)
due to complaints are initially paid by the buyer and will be
refunded if the complaint proves to be well-founded.
Payment must be made based on one of the payment facilities
offered on the website. The buyer declares to only use debit cards
or credit cards that he is entitled to use and declares that
sufficient funds are available to complete payment. Payment by bank
transfer is only possible if this has been
All delivery periods start at the moment of receipt of payment.
The delivery periods are approximate. Prolongation of the delivery
term does under no circumstances give rise to claims for damages
Sunny will attempt to fulfil theorder of the buyer. In case that
Sunny should not be able to deliver (partly or fully)
theorder(s) of the buyer, Sunnywill then contact the buyer
in order to find a solution.
IfSunny cannot find a solution
concerningthedelivery,Sunny will refund the money on the
credit card which was used by the buyer to pay the order.
Reasons for non-delivery:
- Customs regulations
- ISPS regulations
- Terminal regulations
- Agent regulations
- Time frame to arrange delivery
- Working hours
Due to customs regulations, all items must be accepted on
delivery. In case of refusal, all items must be returned
immediately to Sunny's office so that new custom documents can be
Customs charges shall be born by the buyer.
Article 7: Complaints
All complaints relating to visible defaults of the products are
to be notified to Sunny, with its office at 2030 Antwerp, Scheurweg
11, within five (5) days following the date of delivery.
Notifications as mentioned in the previous sentence have to be made
by registered mail or explicitly mentioned on the freight letter.
In case the buyer refuses to accept the products, the above
mentioned period starts at the moment the products have been
presented to the buyer. Complaints for visible defaults have to be
made before the product is put to use.
All complaints relating to invisible defaults of the products
are to be notified immediately and at the latest within a period of
eight (8) days after detection, by registered mail or explicitly
mentioned on the freight letter.
Complaints that are made outside of the periods as mentioned in
this article, do not engage the liability of Sunny.
Article 8: Transfer of property and risks
All products remain the sole property of Sunny until complete
payment of the sales price and costs.
The risk of loss or damage to the products is transferred to the
buyer at the moment of delivery.
Article 9: Protection of personal data
The personal data, as provided by the buyer within the framework
of the purchase, are processed in accordance with the European
Regulation 2016/679 of the European Parliament and of the Council
of 27 April 2016 on the protection of natural persons with regard
to the processing of personal data and on the free movement of such
data, and repealing Directive 95/46/EC (General Data Protection
Regulation or "GDPR").
Sunny refers to the provisions as included in the privacy
statement, which can be found at the bottom of the website of
Article 10: Intellectual Property
The buyer declares to have been informed that the content of the
website of Sunny is protected by various intellectual property
Except for the explicitly written consent of Sunny, reproduction
(in whole or in part) of the content of the website is
The buyer is however entitled to print a copy for personal use
of the pages that are relevant regarding the purchase he
Article 11: Liability
Sunny is not liable for damage to the buyer's software or the
loss of data by the buyer that could be associated with the use of
the web shop of Sunny, nor for any fact resulting from such loss
such as, non-exhaustive, financial or commercial losses, increase
of expenses, disruption of planning or payments required by third
Sunny is not liable for the accuracy of the information
available on the website.
Sunny strives for the best possible availability of the website,
without however guaranteeing its availability in any way. Under no
circumstances Sunny can be held liable for the unavailability of
the website/web shop.
In any case, the liability of Sunny by virtue of the purchase
agreement and the use of the website/web shop is limited to the
amount of the purchase initiated by the buyer.
Sunny is not liable for the content of hyperlinks that are
mentioned on the website.
Article 12: Evidence
The parties mutually agree that they can provide evidence of the
realization of their commitments and their modalities, as well as
the execution and termination thereof, based on electronic data,
such as the login details of the website and electronic
Article 13: Applicable law, competent court
All agreements are governed by Belgian law.
In case of litigation exclusive competency lays with either the
courts of the judicial district of Antwerp, division of Antwerp or
the courts of the domicile of the buyer. The choice of either one
of competent courts is free to either party.
The website maritime.sunny.be is owned
by Sunny Europe NV, with registered office at B-2030 Antwerp
(Belgium), Scheurweg 11, with company number 0423.284.838.
Sunny Europe NV is hereinafter referred to by its trade name
The lay-out and names, signs or photographs used on this website
are protected by intellectual property rights. Copying of the
website in whole or in part is prohibited and may lead to damages
and/or cease and desist measures.
'Sunny' aims to provide, the information, presented through this
website as accurate and complete as possible. It however does not
guarantee the correctness or accuracy of the data presented.
'Sunny' does not give any guarantees concerning the availability of
the products mentioned in this website.
'Sunny' guarantees at no moment that the website is free of any
viruses or bugs.
'Sunny' will not be liable for whatever damages incurred as a
consequence of the use of the website or the data that are
presented within the website.
'Sunny' has no liability for the content of websites to which
hyperlinks in the 'Sunny' website refer to.
If site users have any questions or suggestions regarding our
website, webstore or the terms & conditions, please contact us
Postal Address: Scheurweg 11 - Port
B -2030 Antwerp
website URL: maritime.sunny.be