Terms & Conditions

Welcome to Stay Sunny!

These terms and conditions outline the rules and regulations for the use of Soonthon Sawadmanod's Website, located at www.staysunny.club.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Stay Sunny if you do not agree to take all of the terms and conditions stated on this page.

Scope of Application

For the business relationship between

Stay Sunny.club
Owner: Soothon Sawadmanod
Schivelbeiner Str. 6
10439 Berlin

(hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Stay Sunny, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Soonthon Sawadmanod and/or its licensors own the intellectual property rights for all material on Stay Sunny. All intellectual property rights are reserved. You may access this from Stay Sunny for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Copy or republish material from Stay Sunny
• Sell, rent, or sub-license material from Stay Sunny
• Reproduce, duplicate or copy material from Stay Sunny
• Redistribute content from Stay Sunny

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Soonthon Sawadmanod does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Soonthon Sawadmanod, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Soonthon Sawadmanod shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Soonthon Sawadmanod reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes a breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
• The Comments do not contain defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Soonthon Sawadmanod a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law, and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Soonthon Sawadmanod, and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Soonthon Sawadmanod. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Soonthon Sawadmanod's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Price conditions

All prices consist of the net amount of the product (the membership), minus a possible discount, and if applicable, of the Value Added Tax of the home country of the purchaser. The costs are determined by the extent and duration of the chosen membership.

The purchaser's valid Value Added Tax will be shown in the order form together with the resulting total amount charged after entering all data.

Payment conditions

Payment is to be made in advance, either by bank transfer or via PayPal. We reserve the right to refuse individual methods of payment. When you choose the bank transfer payment method, we will provide our bank account details to you in the confirmation of the order. Please always quote the order number as a reference, because otherwise, we cannot allocate your transfer.

Accepted payment methods

- Payment by PayPal

- Payment via PayPal Express

- Payment via Stripe (Credit Card, Sofort, Giropay, Apple Pay)

Retention of title

Until full payment, the delivered goods remain the property of the seller.

Shipping conditions

Delivery is made within Germany and worldwide - Shipping costs (including VAT)

Domestic deliveries (Germany):

We charge shipping costs at a flat rate of 10 € per order.

Deliveries abroad:

We calculate the shipping costs abroad at a flat rate as follows: 30 €

Delivery of download products:

There are no shipping charges for download products (digital content that is not delivered on physical media). Download products can be downloaded via a link sent by e-mail. The sending of this e-mail with access data for the execution of the download takes place within 12 hours after the conclusion of the contract (in case of agreed prepayment after the time of your payment instruction).

Delivery periods

As far as no other period is indicated in the respective offer, the delivery of the commodity takes place inland (Germany) within 1-2 days, with foreign deliveries within 2-4 days after the conclusion of a contract (with agreed upon pre-payment after the time of your payment instruction).

Please note that there is no delivery on Sundays and public holidays.

If you have ordered items with different delivery times, we will send the goods in one shipment, unless we have made other agreements with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.

Returns & Refunds policy:

You are entitled to cancel your order within 30 days without giving any reason for doing so.

The deadline for canceling an order is 30 days from the date you received the goods or on which a third party you have appointed, who is not the carrier, takes possession of the product delivered.

In order to exercise your right of cancellation, you must inform us of your decision by means of a clear statement.

You can inform us of your decision by e-mail at sun.ni[@]me.com

We will reimburse you no later than 30 days from the day on which we receive the returned goods. We will use the same means of payment as you used for the order, and you will not incur any fees for such reimbursement.

Conditions for returns:

In order for the goods to be eligible for a return, please make sure that:

• The goods were purchased in the last 30 days
• The goods are in the original packaging

The following goods cannot be returned:

• The supply of goods made to your specifications or clearly personalized.
• The supply of goods which according to their nature are not suitable to be returned, for example, goods which deteriorate rapidly or where the date of expiry is over.
• The supply of goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.

We reserve the right to refuse returns of any merchandise that does not meet the above return conditions at our sole discretion.

Returning Goods

You are responsible for the cost and risk of returning the goods to us. You should send the goods to the following address:

Schivelbeiner Str. 6, 10439 Berlin

We cannot be held responsible for goods damaged or lost in return shipment. Therefore, we recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the goods or proof of received return delivery.

Gifts:

If the goods were marked as a gift when purchased and then shipped directly to you, you'll receive a gift credit for the value of your return. Once the returned product is received, a gift certificate will be mailed to you.

If the goods weren't marked as a gift when purchased, or the gift giver had the order shipped to themselves to give it to you later, We will send the refund to the gift giver.

Contact Us

If you have any questions about our Returns and Refunds Policy, please contact us at https://www.staysunny.club/contact

Right of withdrawal

Instructions on withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us

Soonthon Sawadmanod, Schivelbeiner Str. 6, 10439 Berlin, Germany - Tel.: +49 176 80 73 73 88 - Email: sun.ni[@]me.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.