Terms and Conditions for Online Supply of Goods and Services
1.1 The following are the terms and conditions on which we supply products and services to you.
1.2 Please read these terms carefully before you submit your order to us on our website. Any order of our products you made on our website will be subject to these terms. Accordingly, 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.
1.3 We are Bunny Holding (BVI) Limited trading under the Soneva name (referred to as “Soneva”, “we” or “us” in this document), a company registered in the British Virgin Islands under company registration number FC-0120/1991 at Woodbourne Hall, PO Box 3162, Road Town, Tortolla, British Virgin Islands, and our corporate office is at 10/F O-NES Tower 6, Sukhumvit 6, Bangkok 10110, Thailand.
1.4 You can contact us at any time by writing to us at [email protected]
1.5 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. In these terms, when we use the words “writing” or “written”, this includes emails.
2.1 Order process. You can place orders for our products through https://soneva.com/ by clicking on “Add to Bag” and proceed to the check-out process. You should note that you will be required to provide your contact and payment details in order to make a purchase on our website, which you represent and warrant are both valid and correct. Further, you confirm that you are the person referred to in the information under the section “Billing”.
Once you have submitted and confirmed your order, we will acknowledge receipt of the order by confirming with you the details of the ordered products. However please note that this is not an acceptance of your order.
2.3 Acceptance. Our acceptance of your order will take place when we send a confirmation email to you to confirm that your order has been received and that payment has been successful. At this point, a contract will come into existence between you and us. This confirmation email from us will contain the order confirmation, billing details, shipping details, payment details and a list of your ordered products. For every successful order, we will follow up with a subsequent email to confirm the shipment of the order with the tracking code.
2.4 Non-acceptance. If we are unable to accept your order, we will inform you of this in writing and will refund 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 your payment has not been authorised, or because we have identified an error in the price or description of the product.
3. Prices and Payment
3.1.1 The price of the products and services can be viewed on our website without taxes and duty. Products are shipped DDU, Delivered Duty Unpaid. Taxes and duty might be charged separately by local authorities. The final price will also vary depending on the shipment costs. It will be updated when you confirm the delivery address. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Paragraph 3.1.2 for what happens if we discover an error in the price of the product you order.
3.1.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
3.2 Payment terms.
3.2.1 We accept payment with the following payment methods: Visa, MasterCard, American Express, UnionPay, JCB, ApplePay and WeChat Pay. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
3.2.2 You should maintain the security and confidentiality of your payment details. If you are aware or suspect that your payment details were stolen or there has been a security breach, please notify us immediately by [email protected]
3.2.3 The aforementioned payment methods are made available to you through our external service provider Appfleet Limited, trading under Pomelo Pay, a company registered at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom. The recipient of your payment is Bunny Holding (BVI) Limited, trading under the name Soneva
3.2.4 Your card details are encrypted during any transmissions for the transactions you carried out at our website. Your payment will require authorisation from the card issuer and if we do not receive such authorisation or if Ingenico does not make the aforementioned payment methods available to you, we will have the right to cancel your order. No ordered products will be shipped until payment has been received or authorised.
3.2.5 Crypto-currencies like Bitcoin might be accepted and will be processed through third parties with their own terms and conditions. Soneva will only accept and, where required refund, cryptocurrencies for their USD value at the moment of the transactions and excluding any additional fees from the third parties.
4. Our products
4.1 You should note that the images of the products on our website 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 The packaging of the product may vary from that shown in images on our website.
4.3 The products available on our website are for general use only and have not been approved by any medical or pharmaceutical licensing body. It is your responsibility to determine that the products are suitable for you and it is not our responsibility to do so. Please note that we do not guarantee any results from the use of the products and will not be liable in any way for any failure of the products to fulfil the purpose/s for which they were intended or to perform as specified, warranted or represented.
5. Your rights and our rights to make changes
5.1 If you wish to make a change to an order please contact us as soon as you can by emailing us at [email protected] We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be affected as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Paragraph 7 – Your rights to end the contract).
5.2 However please note that if you wish to change an order which we are preparing for dispatch (or has already been dispatched to you), we will not be able to make the relevant changes. You will therefore need to return the relevant product to us or end the contract (see Paragraph 8 below).
5.3 If we make any changes to these terms or the products, we will only do so upon notifying you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6.1.1 The costs of delivery will be as displayed to you when you reach the “check-out” stage of the online sale process. If you insert the postcode of your delivery address into https://soneva.com/en/bag/, you can find more details about the available shipping options and delivery costs.
6.1.2 During the order process we will let you know when we will provide the products to you. We will use our best endeavours to deliver them to you within 30 days after the day on which we accept your order. If delivery will take longer than 30 days, we will notify you and provide you with the actual delivery date.
6.1.3 After your order and payment has been confirmed as “successful” (see Paragraph 2.3 above), we will send you to you, as soon as reasonably possible, a tracking code by email which you can use to track your order on the courier’s website. Depending on the delivery options available at check-out: you will also be able to: (i) reschedule your delivery for a nominated day; (ii) put your shipment on hold; or (iii) arrange for collection from our shipping partner’s service point.
6.2 We are not responsible for delays outside our control. 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 and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.3 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the products will be sent back to the courier’s local depot and we will leave you a note (ie. “Failed Delivery Note”) informing you of alternative delivery options.
6.4 If you do not re-arrange delivery. If you do not collect the products from the courier’s local depot or arrange for re-delivery according to our “Failed Delivery Note”, we will use best endeavours to contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract (see Paragraph 9.1 below).
6.5 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or when you collect it from us.
6.6 When you own goods. You own a product once we have received payment in full.
6.7 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
6.7.1 deal with technical problems with our website;
6.7.2 update the product to reflect changes in relevant laws and regulatory requirements; or
6.7.3 make changes to the order as requested by you or notified by us to you (see Paragraph 5 above).
6.8 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when payment is due (see Paragraph 3.2) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
6.9 Your rights if we suspend the supply of products. We will contact you in advance, as far as possible, to tell you we will be suspending supply of the product. If we need to suspend supply of a product for more than 30 days, you may contact us to end the contract for a product and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see Paragraph 10;
7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see Paragraph 7.2;
7.1.3 If you have just changed your mind about the product within 14 days (“Cooling Off Period”), see Paragraph 7.3; You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; and
7.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see Paragraph 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 7.2.1 to 7.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
7.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see Paragraph 5.3);
7.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
7.2.5 you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind within 14 days (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days after your receipt (or your nominee’s receipt) of the goods (“Cooling Off Period”) and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below at Paragraph 7.4 and 7.5.
7.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
7.4.1 Skincare, cosmetics and hair products sealed for health protection or hygiene purposes which have been open, used or damaged. Accordingly they must be unused, undamaged, sealed and unopened in its original packaging if they are to be returned to us under Paragraph 8.2 below; and
7.4.2 Aerosols and other flammable or pressurised items (e.g. fragrance, nail polish etc) due to transport restrictions relating to air shipment).
7.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receive/s the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive/s the last delivery to change your mind about the goods.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (either under Paragraph 7.1 or 7.3), you can still end the contract before it is completed, but you may have to reimburse us reasonable compensation for any costs incurred as a result of your ending the contract. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind within the time specified under Paragraph 7.5, just contact us to let us know.
The contract will end immediately and we will refund any sums paid by you for products not provided, but we may deduct from that refund reasonable compensation for any costs incurred as a result of your ending the contract.
8. How to end the contract with us (including if you have changed your mind)and how to return products you have ordered
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.1.1 Online. Complete the form accessible from the Refund and Returns page: https://soneva.com/refund_returns.
8.1.2 Email. Email our Customer Care team at [email protected] Please provide your name, home address, order number and details of the order and, where available, your phone number and email address.
8.1.3 By post. Print and fill in the return form and post it to us at the following address.
“Soneva Customer Care
110 Moo 4, Koh Kood Sub-District,
Koh Kood District,
Or simply write to us at that address, including details of what you bought, when you ordered or received it, order number and your name and address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us at the address described in Paragraph 8.1.3. Please contact our Customer Care team by email at [email protected] and they will confirm all the information and process for the return. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
8.3.1 if the products are faulty or misdescribed; or
8.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
8.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
8.5.2 The maximum refund for delivery costs will be the costs of secure delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible in the following instances (including when you are exercising your right to change your mind under paragraph 7.3 to 7.5):
8.6.1 If the products have already been dispatched, if they are directly sent by you and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see paragraph 8.2.
8.6.2 If the products have not been dispatched yet and the order has been cancelled, your refund will be made within 14 days of you notifying us or we notifying you the end of the contract, or your telling us you have changed your mind under paragraph 7.3 to 7.5.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you breach these terms and conditions.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact our Customer Care team at [email protected], we might require to obtain pictures of the products or evidence of the issue in case of such requests.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must contact our Customer Care team at [email protected], and then return the products as per the return policy stated in paragraph 8 (see further details on the return and refund process and shipment costs).
11. Our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us.
11.1.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
11.1.2 Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
11.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How we may use your personal information
13. Other important terms
13.1 We may transfer this agreement to someone else.
13.1.1 We may transfer our rights and obligations under these terms to another organisation.
13.1.2 We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs 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.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you fail to make payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14. Alternative dispute resolution
14. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You should note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.