Terms & Conditions

Part 1: About these Terms

1. About Sunnier

1.1 These Terms and Conditions of Sale are issued by Kiitch Ltd, trading as Sunnier.

1.2 Our details are:

• Company number: 16166684
• Registered office: Unit B3, Sneyd Trading Estate, Stoke-On-Trent, England, ST6 2EB
• Trading address: B2, Sneyd Industrial Est, Stoke-On-Trent, England, ST6 2EB
• Email: via our Contact page
• Telephone: 0808 168 3131
• Website: www.sunnier.co.uk
• VAT number: as shown on your invoice and Order Confirmation

1.3 In these Terms, Sunnier, we, us and our mean the legal entity identified in clause 1.1.

1.4 We sell pergolas, accessories, components and related outdoor-living Products to customers in the United Kingdom.

1.5 These Terms apply where you purchase wholly or mainly for purposes outside your trade, business, craft or profession.

1.6 Separate business terms apply where a purchase is made wholly or mainly for business purposes.

2. What these Terms cover

2.1 These Terms govern the sale and supply of Products by Sunnier.

2.2 They explain:

• how the Product Contract is formed;
• how Products are specified, priced, paid for and delivered;
• your cancellation and return rights;
• responsibilities relating to measurements, access and site conditions;
• Product warranties and statutory remedies;
• how an introduction to an independent Installation Partner works; and
• how Product complaints are handled.

2.3 These Terms do not govern installation services supplied by an Installation Partner under a separate Installation Contract.

2.4 Nothing in these Terms excludes or restricts a right or remedy that cannot lawfully be excluded or restricted.

3. Important installation distinction

3.1 Sunnier sells Products. Sunnier does not sell installation services unless we expressly agree otherwise in a separate written contract.

3.2 Where you request professional installation:

• Sunnier may introduce you to an independent Installation Partner;
• the Installation Partner assesses the proposed work;
• the Installation Partner provides or confirms its own quotation;
• the Installation Partner supplies its own terms;
• the Installation Partner invoices you directly;
• payment for installation is made directly to the Installation Partner; and
• any Installation Contract is between you and the Installation Partner.

3.3 Sunnier does not collect payment for installation services.

3.4 Selecting Full Assembly Service, requesting an introduction or receiving details of an Installation Partner does not itself create an Installation Contract.

3.5 Declining an Installation Partner’s quotation does not automatically cancel the Product Contract.

3.6 Sunnier remains responsible for the Products it supplies and for its own obligations under the Product Contract.

4. Definitions

In these Terms:

4.1 Accessory means an optional item supplied for use with a Product, including a screen, blind, louvre wall, light, heater, motor, remote, sensor, electrical component or other addition.

4.2 Bespoke Product means a Product made to genuinely customer-specific requirements that materially limit its ordinary resale. A Product is not automatically a Bespoke Product merely because it is manufactured after ordering or configured using standard catalogue options.

4.3 Business Day means Monday to Friday, excluding public holidays in England.

4.4 Consumer means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.

4.5 Contract Documents means the documents listed in clause 6.

4.6 Customer, you and your mean the person identified as the purchaser in the Order Confirmation.

4.7 Delivery Point means the agreed delivery location or accessible unloading point.

4.8 Installation Contract means a separate agreement between you and an Installation Partner for installation or related services.

4.9 Installation Partner means an independent business to which Sunnier may introduce you for installation or related services.

4.10 Order means your request to purchase the Products shown in your basket, quotation or Order summary.

4.11 Order Acknowledgement means a communication confirming that we have received your Order. It is not acceptance of your Order.

4.12 Order Confirmation means our written confirmation that we have accepted your Order.

4.13 Personalised Product means a Product bearing customer-specific wording, branding, markings or another feature created specifically for that customer.

4.14 Product means a pergola, Accessory, component, spare part or replacement item supplied by Sunnier.

4.15 Product Contract means the contract between you and Sunnier for the sale and supply of Products. It does not include installation services supplied by an Installation Partner.

4.16 Product Specification means the agreed model, dimensions, finish, configuration, Accessories and other Product details recorded in the Contract Documents.

4.17 Technical Documentation means applicable drawings, manuals, specifications, installation instructions, operating guidance, safety information and manufacturer documentation.

4.18 Terms means these Terms and Conditions of Sale.

4.19 Website means www.sunnier.co.uk and any replacement website operated by Sunnier.

Part 2: The Product Contract

5. Who these Terms apply to

5.1 These Terms apply where you purchase Products from Sunnier as a Consumer.

5.2 By placing an Order, you confirm that:

• you are at least 18 years old;
• you are legally capable of entering into the Product Contract;
• the information you provide is accurate to the best of your knowledge; and
• you are authorised to arrange delivery to the stated address.

5.3 If you place an Order for another person, you confirm that you have authority to act for them.

5.4 These Terms do not govern installation workmanship or other services supplied by an Installation Partner.

6. Documents forming the Product Contract

6.1 The Product Contract consists of:

• any written variation agreed by you and Sunnier;
• the Order Confirmation;
• the agreed Product Specification;
• any drawing expressly identified as contractual;
• these Terms;
• the Warranty Policy;
• the Delivery Policy;
• the Returns and Cancellation Policy; and
• any Product-specific terms made available before the Order was placed.

6.2 The Care and Maintenance Guide and Technical Documentation provide operating, installation and maintenance information. They do not reduce your statutory rights.

6.3 The Privacy Policy and Cookie Policy explain how personal information and cookies are handled. They do not form part of the Product Contract.

6.4 An Installation Partner’s quotation, terms, invoice, site questionnaire, workmanship warranty and installation documents form part of the Installation Contract, not the Product Contract.

6.5 If the Contract Documents conflict, they apply in the order listed in clause 6.1.

6.6 No Contract Document may remove or reduce a mandatory statutory right, silently override a material Product statement on which you reasonably relied, conceal a material limitation that should have been disclosed before purchase, or permit a materially different Product to be supplied without your agreement.

6.7 The version of each Contract Document provided or made available when the Product Contract is formed will apply to your Order.

6.8 A later change to the Website or a policy will not alter an existing Product Contract unless the change is required by law, benefits you without imposing a new burden, or you expressly agree to it.

7. Information before purchase

7.1 Before you place an Order, we will make available the material information required for you to understand:

• the main characteristics of the Products;
• the total price payable to Sunnier;
• delivery charges and arrangements;
• applicable cancellation rights;
• material Product limitations;
• available warranties;
• that installation is supplied and charged for separately; and
• how to contact us.

7.2 You should check the Product model, dimensions, finish, configuration, Accessories, delivery details and other Order information before submitting your Order.

7.3 Please contact us before ordering where you are unsure whether a Product fits the available space, is compatible with an existing structure, meets a particular performance requirement, is suitable for an intended purpose communicated to us, or may require planning, building-control or third-party consent.

7.4 General information based on photographs, approximate measurements or information supplied by you is not a site survey, structural assessment, foundation design, drainage design or planning opinion unless we expressly agree otherwise in writing.

7.5 Where advice depends on assumptions or further assessment, those limitations should be recorded in the relevant communication.

Part 3: Product Information, Quotations and Orders

8. Product Information

8.1 We take reasonable care to ensure that Product descriptions, specifications, photographs, videos, drawings and pricing information are accurate when published.

8.2 Images, illustrations, computer-generated images, lifestyle photography, videos and marketing material are provided for general illustration only and may not exactly represent the Product supplied.

8.3 Minor differences in colour, texture, finish, grain, shade or appearance may occur because of manufacturing processes, lighting, screen settings, natural material characteristics or normal production tolerances. Such differences will not, by themselves, constitute a defect.

8.4 Dimensions shown on the Website or in marketing material are approximate unless expressly stated to be contractual dimensions.

8.5 Technical specifications may change where necessary to improve safety, comply with applicable law, reflect manufacturer improvements or correct errors, provided the change does not materially reduce the Product’s functionality or agreed specification.

8.6 Where a proposed change would materially affect the agreed Product Specification after the Product Contract has been formed, we will notify you and discuss the available options before proceeding.

9. Quotations

9.1 Unless expressly stated otherwise, quotations are invitations to treat and do not constitute an offer capable of acceptance.

9.2 A quotation normally includes only the Products expressly identified within it.

9.3 Unless expressly stated otherwise, quotations exclude:

• installation services;
• electrical works;
• groundwork;
• foundations;
• crane hire;
• lifting equipment;
• access equipment;
• planning services;
• structural engineering;
• building control services; and
• any work not expressly described.

9.4 Where installation is requested, any installation pricing is indicative until confirmed by the relevant Installation Partner following its own assessment.

9.5 An installation quotation provided by an Installation Partner is not a quotation issued by Sunnier.

9.6 Unless otherwise stated, quotations remain valid for the period specified within the quotation.

10. Placing an Order

10.1 Placing an Order constitutes an offer by you to purchase the Products identified in the Order.

10.2 Submitting an Order does not oblige Sunnier to accept it.

10.3 You are responsible for ensuring that your Order is complete and accurate before submission.

10.4 You should immediately notify us if you discover an error after placing your Order. We will consider whether the Order can reasonably be amended before acceptance.

11. Order Acknowledgement

11.1 Following receipt of your Order, we may issue an Order Acknowledgement confirming that we have received it.

11.2 An Order Acknowledgement does not constitute acceptance of the Order, does not create a Product Contract and does not guarantee Product availability.

12. Acceptance of your Order

12.1 The Product Contract is formed only when Sunnier issues an Order Confirmation.

12.2 We may decline an Order before issuing an Order Confirmation where, for example, the Product is unavailable, pricing is incorrect, payment cannot be authorised, we reasonably suspect fraud, delivery cannot reasonably be completed, information required to fulfil the Order has not been provided, or we are otherwise unable to fulfil the Order.

12.3 If we decline an Order after payment has been received, any payment received by Sunnier for the Products will be refunded promptly using the original payment method unless otherwise agreed.

13. Changes before Acceptance

13.1 Before we issue an Order Confirmation, either party may request reasonable amendments to the proposed Order.

13.2 Requested amendments may affect price, availability, specification, manufacturing lead times, delivery dates or other contractual information.

13.3 No requested amendment is effective unless confirmed by Sunnier.

14. Product Specification Approval

14.1 Where drawings, layouts or Product Specifications require your approval before manufacture, you should carefully review them before approving them.

14.2 Your approval confirms only that the information shown accurately reflects the specification you wish Sunnier to manufacture or supply.

14.3 Unless expressly agreed otherwise in writing, your approval does not constitute structural approval, planning approval, engineering certification, confirmation of site suitability or confirmation that installation can proceed without alteration.

14.4 If you identify an error before manufacture begins, notify us immediately. We will advise whether amendment remains reasonably possible.

15. Bespoke and Personalised Products

15.1 Certain Products are manufactured or modified to your individual requirements.

15.2 Whether a Product is treated as a Bespoke Product depends upon its objective characteristics and applicable consumer legislation, not solely upon the wording used in marketing material or quotations.

15.3 Where a Product qualifies as a Bespoke Product, certain statutory cancellation rights may not apply. This does not affect any other statutory rights you may have.

15.4 Where only part of an Order consists of Bespoke Products, any cancellation rights will be assessed separately for each relevant Product.

15.5 If there is uncertainty regarding the status of a Product, Sunnier will assess the Product by reference to the applicable legal criteria rather than applying a blanket classification.

16. Availability

16.1 Product availability depends upon manufacturing capacity, supplier availability and other commercial factors outside Sunnier’s reasonable control.

16.2 Estimated availability dates are provided in good faith but are estimates only unless expressly agreed otherwise.

16.3 If a significant delay arises after the Product Contract has been formed, we will notify you as soon as reasonably practicable and discuss the available options.

16.4 Nothing in this clause limits any statutory rights you may have where a delay becomes unreasonable.

Part 4: Prices and Payment

17. Prices

17.1 The price payable for the Products is the price stated in the Order Confirmation.

17.2 Unless expressly stated otherwise, all prices shown on the Website include VAT at the applicable rate.

17.3 If the applicable VAT rate changes before delivery and the law requires the change to be passed on, the total price will be adjusted accordingly.

17.4 The Product price does not include installation services, electrical connection, groundwork, foundations, planning applications, building control fees, crane hire, specialist lifting equipment or any other service not expressly included within the Order Confirmation.

17.5 Installation charges, where applicable, are agreed separately between you and the Installation Partner. Sunnier does not collect or receive payment for those services.

18. Pricing Errors

18.1 Despite taking reasonable care, pricing or product information errors may occasionally occur.

18.2 If an obvious pricing error is identified before the Product Contract is formed, we may decline the Order and notify you accordingly.

18.3 If a pricing error is discovered after the Product Contract has been formed, the parties will have the rights available under applicable law. Nothing in this clause limits your statutory rights.

19. Payment

19.1 Payment for Products must be made using the payment methods made available during checkout or otherwise agreed in writing.

19.2 Unless expressly agreed otherwise, payment must be received before Products are dispatched.

19.3 Payment processing is carried out using approved payment service providers. Sunnier does not retain full payment card details.

19.4 Where payment authorisation fails, the Order may be delayed or cancelled until payment has been successfully authorised.

20. Deposits

20.1 Where a deposit is required, the amount will be stated before the Product Contract is formed.

20.2 Payment of a deposit forms part-payment of the Product price.

20.3 The consequences of cancellation after a deposit has been paid depend upon the stage reached in manufacturing, whether Products are Bespoke Products, applicable consumer legislation and these Terms.

20.4 A deposit is not automatically non-refundable merely because it has been described as a deposit.

21. Finance

21.1 If Sunnier introduces a finance provider, any finance agreement is separate from the Product Contract.

21.2 The finance provider is responsible for assessing eligibility and approving finance applications.

21.3 Acceptance of a finance application does not oblige Sunnier to accept the Order.

Part 5: Delivery

22. Delivery

22.1 Delivery arrangements will be confirmed after the Product Contract has been formed. Further detail is set out in our Delivery Policy.

22.2 Estimated delivery dates are estimates only unless expressly agreed otherwise in writing.

22.3 Delivery dates may be affected by manufacturing schedules, supplier availability, weather, transport disruption, access restrictions, events outside reasonable control or other operational factors.

22.4 Where a material delay occurs, Sunnier will notify you as soon as reasonably practicable and discuss the available options.

23. Delivery Location

23.1 You are responsible for ensuring that the Delivery Point is accurate, reasonably accessible, permits safe unloading and is suitable for the delivery vehicle where reasonably practicable.

23.2 If delivery cannot safely be completed because of conditions at the Delivery Point, alternative arrangements may be required.

24. Failed Delivery

24.1 If delivery cannot be completed because no responsible person is available, access has not been provided, the Delivery Point is unsuitable, or delivery is otherwise prevented by circumstances within your reasonable control, reasonable additional charges actually incurred may become payable.

24.2 Any such charges will be limited to costs reasonably incurred by Sunnier.

25. Inspection Following Delivery

25.1 You should inspect the Products within a reasonable time after delivery.

25.2 If you believe Products have been damaged, delivered incorrectly, incomplete or apparently defective, please notify Sunnier as soon as reasonably practicable.

25.3 Failure to notify Sunnier immediately does not, of itself, remove your statutory rights.

26. Risk

26.1 Risk in the Products passes to you when the Products are delivered to the agreed Delivery Point.

26.2 If delivery is delayed solely because of circumstances within your reasonable control, risk passes when the Products are made available for delivery.

26.3 Nothing in this clause affects any rights you have where Products are damaged before risk passes to you.

27. Ownership

27.1 Ownership of the Products remains with Sunnier until we have received payment in full for the Products supplied under the relevant Product Contract.

27.2 This clause does not affect your statutory rights where insolvency legislation or other mandatory law applies.

Part 6: Site Conditions, Surveys and Installation Partners

28. Site Information

28.1 You are responsible for providing accurate information about the installation address, access arrangements, site dimensions, existing structures, ground conditions where known, overhead obstructions, underground services where known and any other information reasonably requested to enable the Products to be supplied.

28.2 Sunnier may rely upon information supplied by you unless it has reason to believe that information is materially inaccurate.

28.3 Where inaccurate information materially affects manufacture, delivery or installation, reasonable amendments to the Order, delivery arrangements or installation proposal may be required.

29. Site Surveys

29.1 A site survey is intended to collect information relevant to the proposed Product and, where applicable, any proposed installation.

29.2 Unless expressly agreed in writing, a site survey is not a structural survey, engineering assessment, geotechnical investigation, planning assessment, boundary determination, drainage survey, electrical inspection or professional advice on compliance with statutory requirements.

29.3 Where further specialist investigations are reasonably required, these remain your responsibility unless otherwise agreed in writing.

29.4 Any assumptions, limitations or inaccessible areas identified during the survey should be recorded in the survey documentation.

30. Existing Site Conditions

30.1 Existing site conditions may differ from those reasonably anticipated before delivery or installation.

30.2 Examples include concealed foundations, underground services, drainage systems, unstable ground, structural defects, restricted access, previously undisclosed alterations or other concealed conditions.

30.3 Where previously unknown site conditions materially affect installation, the Installation Partner may recommend changes to installation methods, programme, equipment, labour requirements or price. Such matters form part of the Installation Contract, not the Product Contract.

31. Planning Permission and Statutory Consents

31.1 Unless expressly agreed otherwise in writing, you are responsible for determining whether your proposed project requires planning permission, listed building consent, conservation area consent, building regulations approval, landlord consent, freeholder consent, management company approval or any other third-party approval.

31.2 General guidance provided by Sunnier does not constitute legal, planning or professional advice.

31.3 Where Products cannot lawfully be installed because required permissions have not been obtained, your statutory rights remain unaffected, but Sunnier shall not be responsible for delays or additional costs arising solely from the absence of those permissions.

32. Independent Installation Partners

32.1 At your request, Sunnier may introduce you to an Installation Partner. See Professional Installation for further information.

32.2 An Installation Partner is an independent contractor and is not Sunnier’s employee, agent, representative, partner or part of Sunnier’s business.

32.3 The Installation Partner carries on its own independent business and is responsible for its own quotations, pricing, contractual terms, insurance, workmanship, employees, subcontractors and legal obligations.

32.4 Nothing in these Terms creates an agency relationship, partnership, joint venture, joint responsibility or authority for either party to contract on behalf of the other.

33. Installation Quotations

33.1 Where an Installation Partner provides an installation quotation, that quotation is provided by the Installation Partner.

33.2 Sunnier does not issue, approve or adopt that quotation merely because it introduced the Installation Partner.

33.3 You should satisfy yourself that the quotation accurately reflects the installation services you require before entering into the Installation Contract.

34. Installation Contract

34.1 The Installation Contract is a separate contract between you and the Installation Partner.

34.2 Sunnier is not a party to the Installation Contract.

34.3 Unless expressly agreed otherwise in writing, Sunnier does not undertake installation works, supervise installation works, manage the Installation Partner, direct the Installation Partner’s employees or assume contractual responsibility for installation workmanship.

34.4 Nothing in these Terms prevents Sunnier from communicating with the Installation Partner for administrative or logistical purposes relating to Product delivery. Such communications do not create responsibility for the Installation Partner’s work.

35. Installation Payments

35.1 Installation charges are payable directly to the Installation Partner.

35.2 Sunnier does not invoice for installation, collect payment for installation, receive installation fees or hold installation monies on behalf of the Installation Partner.

35.3 The payment arrangements for installation are governed solely by the Installation Contract.

36. Installation Complaints

36.1 Complaints concerning installation workmanship, installation delays, installation methods, damage arising from installation or installation charges should be raised with the Installation Partner in the first instance.

36.2 Where a complaint concerns both the supplied Product and installation services, Sunnier may cooperate with the Installation Partner to help achieve an efficient resolution.

36.3 Any assistance provided by Sunnier under clause 36.2 is provided as a customer service measure and does not of itself constitute an acceptance of legal responsibility for matters arising under the Installation Contract.

Part 7: Product Quality, Defects and Warranties

37. Product Quality

37.1 Sunnier will supply Products that are required by law to be of satisfactory quality, be fit for any particular purpose made known to us before the Product Contract was formed where the law provides, match their description and conform to the agreed Product Specification.

37.2 Nothing in these Terms limits your statutory rights where a Product fails to meet the legal standards applicable to the Product Contract.

37.3 Natural variations in colour, finish, texture or appearance that are consistent with the Product Specification and normal manufacturing tolerances do not, by themselves, indicate that a Product is defective.

38. Product Inspection

38.1 You should inspect the Products within a reasonable time after delivery or, where installation has been completed by an Installation Partner, within a reasonable time after the Products become available for inspection.

38.2 If you identify an apparent defect, shortage or incorrect Product, please notify Sunnier as soon as reasonably practicable.

38.3 Where reasonably requested, you should provide photographs, videos, a description of the issue, the Product reference and any other information reasonably required to investigate the matter.

38.4 Prompt notification assists investigation but does not remove any statutory rights that you may have.

39. Product Defects

39.1 If you believe a Product is defective, Sunnier will investigate the matter based on the information reasonably available.

39.2 Depending upon the circumstances, we may request further information, inspect the Product, obtain technical advice from the manufacturer, request that the Product is made available for examination or arrange another appropriate method of investigation.

39.3 No conclusion regarding the cause of an alleged defect will be made until the available evidence has been considered.

39.4 Nothing in this clause prevents either party relying upon independent expert evidence where appropriate.

40. Customer Remedies

40.1 Where a Product fails to conform to the Product Contract, you will have the remedies available under applicable consumer legislation.

40.2 The appropriate remedy will depend upon the nature of the issue, when it arose, the evidence available and the rights provided by law.

40.3 Nothing in these Terms limits or excludes those statutory remedies.

41. Manufacturer Warranties

41.1 Certain Products may be supplied with a manufacturer’s warranty.

41.2 A manufacturer’s warranty is provided by the manufacturer, not by Sunnier, unless expressly stated otherwise.

41.3 The manufacturer’s warranty operates in addition to, and does not replace, your statutory rights.

41.4 The terms, duration and exclusions of any manufacturer’s warranty are determined by the manufacturer.

42. Sunnier Warranty

42.1 Where Sunnier provides an additional warranty, its terms are set out in the separate Warranty Policy.

42.2 The Warranty Policy forms part of the Product Contract only to the extent expressly stated in these Terms.

42.3 The Sunnier Warranty is additional to your statutory rights, does not reduce those rights and applies only in accordance with its published terms.

43. Warranty Claims

43.1 To assist investigation of a warranty claim, Sunnier may reasonably request proof of purchase, photographs, videos, Product identification details, details of the reported issue and any other information reasonably required.

43.2 Where inspection is reasonably necessary, arrangements will be discussed with you before any visit takes place.

43.3 Submission of a warranty claim does not, of itself, establish that the Product is covered by the relevant warranty.

44. Matters Not Covered by Product Warranty

44.1 Unless otherwise stated in the applicable warranty, warranty cover does not normally extend to issues arising solely from accidental damage after delivery, misuse, neglect, unauthorised modification, failure to follow applicable maintenance guidance, normal wear and tear, external events beyond the Product itself or installation workmanship carried out under a separate Installation Contract.

44.2 Where Sunnier relies upon a warranty exclusion, we should be able to explain the factual basis for doing so.

45. Installation Workmanship

45.1 Any warranty relating solely to installation workmanship is a matter between you and the Installation Partner under the Installation Contract unless Sunnier expressly agrees otherwise in writing.

45.2 Nothing in these Terms transfers responsibility for installation workmanship to Sunnier merely because Sunnier supplied the Products or introduced the Installation Partner.

45.3 If a reported issue may involve both Product quality and installation workmanship, Sunnier may liaise with the Installation Partner to help determine the cause. Such cooperation does not alter the legal responsibilities of either party.

Part 8: Customer Responsibilities, Care, Cancellation and Returns

46. Customer Responsibilities

46.1 You are responsible for providing accurate information relating to your Order, ensuring the delivery address is correct, ensuring reasonable access for delivery where applicable, reviewing drawings and Product Specifications before approval, obtaining any permissions or consents for which you are responsible under these Terms, and following the applicable operating, safety and maintenance guidance supplied with the Products.

46.2 Nothing in this clause requires you to undertake work that the Product Contract expressly allocates to Sunnier.

47. Care and Maintenance

47.1 To help preserve the appearance and performance of the Products, you should follow the applicable Care and Maintenance Guide.

47.2 Reasonable maintenance requirements do not reduce your statutory rights where a Product fails to conform to the Product Contract.

47.3 Failure to carry out recommended maintenance may affect any voluntary warranty where permitted by its terms.

48. Safe Use

48.1 Products should be used in accordance with their intended purpose, the Technical Documentation, applicable safety guidance and with reasonable care.

48.2 Products should not be altered or modified unless such modification is approved in writing by the manufacturer or Sunnier where appropriate.

49. Consumer Cancellation Rights

49.1 Where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, you may have the right to cancel the Product Contract within the applicable statutory cancellation period.

49.2 Details of those rights are set out in the Returns and Cancellation Policy.

49.3 Nothing in these Terms limits your statutory cancellation rights.

50. Cancellation Exceptions

50.1 Certain Products may not qualify for statutory cancellation rights where an exemption under applicable legislation applies.

50.2 Examples may include genuinely Bespoke Products or Personalised Products.

50.3 Whether an exemption applies depends upon the legal criteria applicable to the individual Product and not solely upon the terminology used in marketing material.

51. Cancellation Before Dispatch

51.1 Where cancellation is requested before manufacture or dispatch, Sunnier will assess the request in accordance with these Terms, the Returns and Cancellation Policy, the stage reached in fulfilling the Order and applicable consumer legislation.

51.2 Where cancellation charges are lawfully payable, they will be limited to those permitted by law and supported by the relevant evidence.

52. Returning Products

52.1 Where Products are eligible for return, the return procedure is set out in the Returns and Cancellation Policy.

52.2 That Policy explains how returns are requested, collection arrangements where applicable, packaging expectations where reasonable, inspection procedures, refunds and any lawful deductions permitted by legislation.

52.3 If Products are unsuitable for normal parcel return because of their size or nature, Sunnier will discuss appropriate collection arrangements with you.

53. Refunds

53.1 Where a refund is due, Sunnier will process it within the period required by applicable law.

53.2 Refunds will normally be made using the original payment method unless otherwise agreed.

53.3 Where legislation permits a deduction for any reduction in value caused by handling beyond what is reasonably necessary to inspect the Products, any deduction will be reasonable, evidence-based and explained to you.

54. Events Outside Reasonable Control

54.1 Neither party is responsible for delays caused solely by events beyond its reasonable control. Examples include severe weather, industrial disputes, acts of government, transport disruption, supplier interruption, natural disasters or other unforeseen events beyond reasonable control.

54.2 Where such an event materially affects performance, the affected party should notify the other as soon as reasonably practicable.

54.3 If the delay becomes substantial, both parties will discuss an appropriate and lawful solution, taking account of their respective legal rights.

Part 9: Liability, Complaints and General Legal Provisions

55. Our Responsibility

55.1 Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful.

55.2 This includes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

55.3 Subject to clause 55.1, Sunnier is responsible for loss or damage resulting from its failure to comply with the Product Contract or applicable law.

56. Matters Outside Sunnier’s Responsibility

56.1 Sunnier is not responsible for losses arising solely from installation services supplied under a separate Installation Contract, workmanship carried out by an Installation Partner, planning decisions made by public authorities, inaccurate information supplied by the Customer where Sunnier reasonably relied upon that information, alterations made after delivery without Sunnier’s written approval, or events outside Sunnier’s reasonable control.

56.2 Nothing in this clause limits any liability that cannot lawfully be excluded.

57. Product and Installation Issues

57.1 Where a reported issue may involve both the supplied Product and installation workmanship, Sunnier and the Installation Partner may exchange relevant information to determine the likely cause.

57.2 Such cooperation is intended to assist efficient resolution, does not transfer legal responsibility between the parties and does not constitute an admission of liability by either party.

58. Complaints

58.1 If you are dissatisfied with any aspect of the Product Contract, please contact Sunnier via our Contact page or using the contact details published on our Website.

58.2 We aim to investigate complaints fairly and within a reasonable time.

58.3 Where additional information is reasonably required, we will explain what is needed and why.

58.4 Nothing in this clause affects your legal rights to pursue a claim through the courts or any other lawful dispute resolution process.

59. Alternative Dispute Resolution

59.1 Where appropriate, the parties may agree to attempt to resolve disputes through mediation or another recognised form of alternative dispute resolution before commencing court proceedings.

59.2 Neither party is required to accept any settlement proposal unless legally obliged to do so.

60. Communications

60.1 Notices relating to the Product Contract should be sent using the contact details provided by the relevant party.

60.2 Routine customer service communications may be sent by email, telephone, post or another agreed method.

60.3 You should notify Sunnier promptly if your contact details change before your Order has been completed.

61. Personal Information

61.1 Sunnier processes personal information in accordance with its Privacy Policy and applicable data protection legislation.

61.2 The Privacy Policy does not form part of the Product Contract but explains how personal information is collected, used and protected.

62. Intellectual Property

62.1 All intellectual property rights in the Website, Product images, drawings, technical documentation, brochures, specifications and other Sunnier materials remain the property of Sunnier or the relevant rights holder unless otherwise agreed in writing.

62.2 Nothing in these Terms transfers ownership of those intellectual property rights.

63. Transfer of the Product Contract

63.1 You may transfer your rights under the Product Contract only where permitted by law or with Sunnier’s written agreement.

63.2 Sunnier may transfer its rights or obligations where this does not reduce your statutory rights or materially prejudice your interests.

64. No Third-Party Rights

Unless expressly stated otherwise, no person other than the parties to the Product Contract has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

65. Entire Agreement

65.1 The Product Contract comprises the Contract Documents identified in clause 6.

65.2 Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.

66. Severability

If any provision of these Terms is found by a court to be unlawful or unenforceable, that provision shall be treated as severed to the extent necessary. The remainder of the Product Contract shall continue in force.

67. Waiver

A delay or failure by either party to exercise a legal right does not constitute a waiver of that right.

68. Governing Law

The Product Contract is governed by the law of England and Wales. Where mandatory consumer protection legislation in another part of the United Kingdom applies, those mandatory protections remain unaffected.

69. Jurisdiction

Consumers may bring legal proceedings in the courts having jurisdiction under applicable consumer legislation. Nothing in these Terms restricts any mandatory jurisdiction rights available to Consumers.

70. Contact Details

Questions concerning these Terms or the Product Contract should be directed to Sunnier:

• Email: via our Contact page
• Telephone: 0808 168 3131
• Website: www.sunnier.co.uk

Version 2.0 · Effective 6 August 2026 · Last reviewed 6 August 2026