1.- You and us:
In this agreement “you” is the customer and “we” are Sunny-tots.
2.- The contract between us
2.1 We agree to hire out the equipment to you subject to availability and as specified in a confirmatory email or letter that we shall send to you upon receiving your order (which we refer to in paragraph 2.3 below).
2.2 The payment occurs always in advance, and must be done by credit or debit card, PayPal, or other systems that Sunny-tots offer in their website.
2.3 Your order is considered accepted once you have received an e-mail from Sunny-tots confirming your reservation. As from this moment a legal contract between us will come into force.
2.4 The rental period possibilities are just the ones offered in the website of Sunny-tots.
3.- Customer´s rights to cancel or amend your contract:
3.1 You may cancel your contract with us free of charge at any time up to three labours days before the hiring period begins. You may cancel your contract with us after this time and prior to delivery, although we reserve the right to charge a cancellation fee of up to 50% of the amount paid (with a minimum of 20 Euros)
3.2 Please note that unless we agree otherwise you will not be entitled to cancel your contract with us once the hiring period has begun.
3.3 To cancel your contract with us according to these terms and conditions you must notify us in writing (info@Sunny-tots.com). Such notification will only be valid once it has been received within working hours (09:30-17.00h).
3.4 Any modification of your contract with us must be agreed by us in writing.
4.- Cancellation by Sunny-tots:
4.1 We reserve the right to cancel the contract between us at any time before delivery if:
4.1.1 We have insufficient stock to deliver the equipment you have ordered;
4.1.2 We do not deliver to your area (see clause 7.4);
4.1.3 One or more items of the equipment you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received from our suppliers.
4.1.3 Some material has been reserved in an incorrect price due to a typographic error.
4.1.4 That the day indicated for delivery or collection is a non-working day or a local, provincial, autonomous or State holiday in the town of Xàbia.
4.2 Once you have been notified by us that we are cancelling your contract in accordance to the above terms and conditions, any sum debited to us on your credit or debit card will be re-credited to your account as soon as possible and in any event within 30 days of the cancellation of the contract between us.
5.- The material:
5.1. All equipment supplied to you belongs exclusively to Sunny-tots, the hired item is for private use not for commercial use, unless prior agreement with Sunny-tots.
5.2 Sunny-tots is not responsible for any accident, damage or injury which may occur due to the inappropriate use of the provided items.
5.3.You are obliged to:
5.3.1. To check the equipment upon delivery to ensure that it is not damaged, it is in good working condition and it is ready for the purpose for which you intend to use it. If this is not the case you must notify us immediately and we shall replace the equipment within 24 hours. The equipment shall be returned with the same, or similar, packaging system.
5.3.2. Carefully read the instructions that we shall supply with the equipment prior to its use and follow the instructions at all times whilst using the equipment.
5.3.3. Take care of and ensure the safekeeping of the equipment.
5.3.4. Use the equipment in a safe and sensible manner and in accordance with both the purpose for which it was supplied and the manufacturers instructions.
5.4 As it is required during the course of any other activity, the supervision of an adult is obligatory while children are using any of the rented items.
5.5 The assembly of the provided items will be carried out by the customer. The majority of our items are provided totally or partially assembled
5.6 All items must be returned clean, if it is returned dirtier than expected on a common use, an additional 8 to 16 € charge will be charged.
5.7 In the event that any of the items present significant breakages or damages, not merely scratches due to a reasonable wear, if Sunny-tots considers it appropriate, we may charge you the value of the item that is no longer suitable for rental use.
5.8 In case of robbery, it will be justified with its corresponding police report. Sunny-tots should be compensated for costs incurred by the replacement of the stolen item and the cost of its management and the unavailability.
5.9 You must notify immediately the loss, robbery or breakage of any product and you are the only one responsible.
5.10 You, customer, authorise Sunny-Tots to charge on your credit or debit card provided to us the cost of any loss ore breakage of the product.
6.- Sunny-tots´s responsibility:
6.1 If the equipment we deliver is not what you ordered or is damaged or defective we shall not be responsible unless you notify us.
6.2 Nevertheless the previous premise, these terms and conditions will not limit any rights you may have as a customer, applying local law or other statutory laws, nor avoid or minimize our responsibility towards you for personal damages or death caused by negligence.
7.1 We shall deliver the equipment to the address you indicate in your order.
7.2 We will deliver within the hours stated in the order confirmation. You are responsible for making sure that someone is waiting for the products at the corresponding address.
If there is no one at the indicated address we shall leave a delivery notification and contact you to arrange a new time and place for delivery, but then we are in our right to charge you for additional delivery costs.
7.3 We shall collect the equipment at the end of the hiring period within the hours stated and the address indicated in the order confirmation.
7.4 If the dates of delivery and collection of the items are the same date, there will be only one charge of delivery costs, and the amount will be nineteen euros. If there is more than one date of delivery or collection in your order, we will have to add nineteen euros to every delivery you require.
8.- Force majeure circumstances:
Sunny-Tots is not responsible for any delay or failure in returning the items, or of any flaws suffered from circumstances beyond our control, such as strikes, disputes or business blocks, computer system crash, explosion or accident.
9.1 The contract between us shall be ruled by and interpreted according to Spanish law and the Spanish courts shall have jurisdiction to resolve any disputes between us.
9.3 The non application of any of these conditions (including any provision in which we are not responsible) does not exclude the applicability of the contract points.
9.4 All these conditions will affect all the items hired by the customers at any time.
9.5 Sunny-tots reserves the right to change, with no previous notification, the conditions of this document.
9.6 Sunny-tots reserves the right to contract debt collection companies; as well as to request files of information on creditworthiness and credit (lists of debtors), as required under the law of Personal Data Protection, in the event of any the following circumstances:
9.6.1. If a method of payment is not provided in case of committing any of the situations detailed above.
9.6.2. If any payment transaction is refused by financial entities.
9.6.3.The customer must cover the expenses incurred from all procedures related to the payment of the unpaid. The total amount of the initial debt plus the expenses incurred may be claimed through debts collection specialized companies or agencies.
10.- Informative clause:
Responsible: Identity: Sunny-tots – NIF: 53217490K – Address: 03730 Xàbia (Alacant), Carrer Sant Sebastià, Patró de Xàbia, 1 Local, Teléfono: +34 722 25 87 24 – email: info@Sunny-tots.com
“On behalf of the company we treat the information you provide to us on the purpose of the service you require, issuing an invoice. Data will remain whilst we have a commercial commitment or during the time needed to fulfil any legal obligations. You have the right to get confirmation about if Sunny-tots is handling your personal data so you are entitled to access your personal data, to rectify inaccurate data or deleted when they are no longer needed.
I also call for your authorization to offer you products and services related to the requested and to foster your loyalty”.