Terms and Conditions of Supply

1. These terms
1.1 Operator of this site and who we are. This website shop.sunseeker.com (‘site’) for the Sunseeker Collection is operated by Cybergroup (UK) Limited (Cybergroup (UK) Limited or ‘us’, ‘we’ or ‘our’) on behalf of Sunseeker International Limited. Cybergroup (UK) Limited is a company registered in England, with its registered office at Suite 1 Hearle House, Unit 5 East Terrace Business Park, Euxton Lane, Chorley. PR7 6TB; Tel: +44 (0) 1257 676 246 and e-mail: sunseekercollection@mycybergroup.com; and is represented by its managing director: Christopher Ashworth
1.2 What these terms cover. These are the terms and conditions on which we supply products for the Sunseeker Collection (Products) to you via our site.
1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is something incorrect within these terms and conditions, please contact us to discuss.
2. Information about us and how to contact us
2.1 How to contact us about the purchase of Products including your orders. You can contact us about the purchase of Products and your orders by telephoning our customer service team at +44(0) 1257 676 246 or by writing to us at sunseekercollection@mycybergroup.com or by post to Cybergroup (UK) Limited, Customer Service, Suite 1 Hearle House, Unit 5 East Terrace Business Park, Euxton Lane, Chorley. PR7 6TB. When you are contacting us about an order please quote your order number.
2.2 How we may contact you. If we need to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.
2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Your order. You submit a binding offer to us when you complete the ordering process.
The online ordering process is broken down into three steps:
(a) You select the required Products, the country of delivery, type of delivery and the mode of payment;
(b) You enter your data, including your name, billing address and delivery address (if different), confirming the acceptance of these Terms and Conditions of Supply, which will take precedence over any other business terms and conditions which you may have in place if you are a Sunseeker Approved Business customer*. At the time you enter your data, there will be an opportunity for you to opt in to receive information about Products, including promotional and special offers, from us; and
(c) Finally, you will have the opportunity to, and should, check all of your details (e.g. name, addresses, mode of payment and the Products that you would like to order) and correct any errors. When you are satisfied you should confirm your order by clicking on the ‘conclude order’ button. We will confirm receipt of your order (which will include the details of your order) immediately by automated email.
*Sunseeker Approved Business customers means members of the Sunseeker group and associated dealer network
3.2 How you may place an order. Consumer customers may only order Products online via the site. Sunseeker Approved Business customers may also order Products by email, telephone or post.
3.3 How we will accept your order. Please note that our confirmation of receipt of your order does not mean our acceptance of your order. Our acceptance of your order will take place when we contact you by email to accept it, at which point a contract for the supply of the Products ordered will come into existence between you and us which incorporates these Terms and Conditions of Supply. This e-mail confirming the acceptance of your order will also include your contract details, consisting of your order with an order number and these Terms and Conditions of Supply.
3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or, because we are unable to meet a delivery deadline you have specified.
4. Products
4.1 Products may vary slightly from their pictures. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
4.2 Changes to reflect changes in laws. We may change Products to reflect changes in relevant laws and regulatory requirements. If any change affects an order which you have already placed with us, but which has not yet been fulfilled, we will inform you of the change and you may choose to cancel/revoke your order.
4.3 Product packaging may vary. The packaging of the Product may vary from that shown in images on our site.
5. Delivery
5.1 Costs of delivery. The costs of delivery of the Products will be displayed before you place your order for the Products.
5.2 Time of delivery. Unless otherwise expressly agreed between us, we will use our reasonable endeavours to deliver your order within five (5) working days of it being placed.
5.3 Part-deliveries. We are entitled to make part-deliveries if this is necessary. In the event that we send you your order in a series of part-deliveries, you will not incur any additional delivery costs.
5.4 Delivery delays. We will not be responsible for any delay to delivery due to incorrect delivery details supplied by you, or due to events outside our control. Where our supply of Products is delayed by an event outside our control, we will contact you to let you know and take steps to try to minimise the delay. We will not be liable for delays caused by such events but in the event of a significant delay you may contact us to cancel/revoke your contract and receive a refund for those Products you have paid for but not received.
5.5 Exclusion of delivery. We will not deliver to P.O. Box addresses or to countries or locations featured within the list found at Countries we do not deliver to.
6. Inspection and notification of defects. If you are a Sunseeker Approved Business customer you must following the delivery of the Products inspect the Products without undue delay and report any detected defects to us without undue delay.
7. Cancellation/revocation of your contract
7.1 Cancellation/revocation of your contract by us. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know about the non-availability and we may need to cancel/revoke the contract between us. In the event of cancellation/revocation we will promptly refund to you any amount already paid for the Products.
7.2 Cancellation/revocation of your contract by you without reason. If you are a consumer customer, you have the right to cancel/revoke your contract with us within fourteen (14) days without giving a reason. This fourteen (14) day cancellation/revocation period starts from the date that you, or a third party named by you who is not the carrier, takes possession of the Products or takes possession of the last partial consignment or the last part of the order. To exercise your right of cancellation/revocation you must inform us that you wish to cancel/revoke your contract by means of a clear declaration of your decision to cancel/revoke your contract. You must send this declaration to us by post, email or telephone to the address, email address or telephone number below:
Cybergroup (UK) Limited,
Customer Service,
Suite 1 Hearle House,
Unit 5 East Terrace Business Park,
Euxton Lane,
Chorley. PR7 6TB;

e-mail address: sunseekercollection@mycybergroup.com;
tel: +44(0)1257 676 246;

You can use the enclosed sample cancellation/revocation form Sample Cancellation/Revocation Form for making your declaration, but it is not mandatory. In order to comply with the cancellation/revocation period, it is sufficient that you send your declaration prior to the expiry of the fourteen (14) day cancellation/revocation period.
7.3 Consequences of cancellation/revocation of your contract by you without reason. If you cancel/revoke your contract without reason in accordance with the above process:
(a) You must return the Products to us (or if they are in the hands of a carrier allow us possession of those Products) without delay and in any event despatch of the Products must take place no later than fourteen (14) days after you have sent us the declaration of cancellation/revocation. You will bear the direct costs of returning the Products to us.
(b) We will refund to you all payments we have received from you in respect of the order, including the delivery costs that you paid when you placed the order (except where you had selected a delivery method above our standard delivery service in which event we will refund the cost of standard delivery only). We will refund you these payments promptly and in any event within fourteen (14) days of the date on which we receive your declaration of the cancellation/revocation of your contract save that we are entitled to refuse making the refund until we have received the Products back from you or until you have provided proof that you have returned the Products, whichever is the earlier. We will use the same method of payment for this refund as you used in the original transaction, unless otherwise expressly agreed with you. In no case will you be charged for this refund.
7.4 Exclusions of the right to cancel/revoke your contract without reason. Unless otherwise agreed with you, the right to cancel/revoke your contract without reason will not apply to the following contracts:
a) contracts for the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the customer, or that are clearly tailored to personal needs of the customer
b) contracts for the supply of goods which are highly perishable, or which may quickly pass their expiration date;
c) contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery;
d) contracts for the supply of goods which, according to their nature, are inseparably mixed, after delivery, with other items; or
e) contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications.
7.5 Loss in value of Products returned. You will only be liable for any loss in value of the returned Products if this loss in value is due to handling of the Products in a way which is unnecessary to check the quality, properties and functioning of the Products.
8. Product warranty
8.1 Warranty rights and claims. You are protected by statutory warranty rights in respect of the Products you purchase from our site including where the Products you receive do not correspond to the Products that you ordered or are defective. We warrant that that on delivery the Products shall: (a) subject to clause 4, conform in all material respects with their description; (b) be free from material defects in design, material and workmanship; (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979 and the Consumer Rights Act 2015); and (d) be fit for any purpose held out by us. If you are a consumer customer, the warranty period for Products (i.e. the period in which you have to bring a warranty claim) is 12 months from the time the Products are delivered to you. If you are a Sunseeker Approved Business customer, the warranty period for Products is 12 months from the time the Products are delivered to you. Products delivered by us will only carry an additional guarantee if one is expressly provided for in the order acceptance for the respective Products.
8.2 Improper handling of Products by you. The Products will not be covered by the warranty rights if any defect has been caused by your improper handling of the Products.
9. Payment and prices
9.1 Prices. All prices are inclusive of value added tax applicable at the time of delivery. Prices are exclusive of packaging and delivery costs. Our costs for packaging and delivery are displayed before you place your order.
9.2 Payment method. Consumer customers must pay for Products when they place the order for the Products through our site by following the instructions on our site. Payment may be made using PayPal or the Debit/Credit Cards as listed in the payment section of the order form. Sunseeker Approved Business customers only may make payment on receipt of an invoice in accordance with the payment terms we agree with such Sunseeker Approved Business customers.
9.3 Payment default. If you do not make payment to us by the due date for payment we may charge interest to you on the overdue amount as set out below. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
(a) In the case of consumer customers - at a rate of 5% above the base rate of the Bank of England.
(b) In the case of Sunseeker Approved Business customers – at a rate of 9% above the base rate of the Bank of England.
The charging of interest does not affect our right to claim further damages where we have suffered loss.
9.4 When you own Products. We reserve ownership in the Products which means that we remain the owner of the Products until we have received payment in full for the Products. In the event of any damage, loss or destruction to the Products during any period that you are in possession of the Products but have not yet paid for the Products, the benefit of any claim or compensation relating to such damage, loss or destruction will be with us. In the event of non-payment by you and the expiry of a further deadline to pay, we will be entitled to cancel/revoke the contract with you and take back the Products.
9.5 Passing of risk and of charges. The risk of accidental destruction and accidental deterioration in the Products passes to you upon delivery of the Products.
10. Our liability
10.1 Nothing shall exclude or limit our liability for the following:
(a) loss or damage you suffer resulting from our gross negligence or wilful or intentional misconduct; or
(b) damages resulting from injury to life, limb or health.
10.2 We shall be liable for:
(a) Product liability which shall be limited to £2 million; and
(b) any loss or damage you suffer from our breach of an essential contractual duty. However, if such breach is caused by minor negligence, our liability is limited to typical damages which were foreseeable at the time our contract with you was made. An essential contractual duty is a contractual duty the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies. In any event our liability under this clause shall not exceed the value of the relevant Products which were the cause of the claim. Loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement.
10.3 Subject to clause 10.1, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue; or
(b) loss of business opportunity; or
(c) loss of goodwill; or
(d) any indirect or consequential loss.
10.4 In all other cases, our liability is excluded. The foregoing limitation will also apply in favour of our legal representatives and agents if claims are asserted directly against them. The foregoing limitation will not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of a Product
11. Other important terms
11.1 We may transfer your contract to someone else. We may transfer our rights and obligations under these terms to another organisation.
11.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.3 Governing law and jurisdiction. This contract between us is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with the contract to the exclusive jurisdiction of the English courts.