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Terms & Conditions / Privacy Policy

Last updated: 17th June 2018 (updates since 25th May 2018 have been to more clearly explain how we process personal data, and update some links to the privacy statements of our partners)


1. DEFINITIONS


“We” and “our” refer to Sunaura Distribution Ltd.

“You” and “your” refer to users of this website

“us” and “our” refers to both Sunaura Distribution Ltd and the user of this website

“the products” refers to all products and services offered for sale on this website



2. GENERAL


Access to this website and to the products and services available are subject to the following Terms and Conditions (which include our delivery/returns/cancellations policy). By placing an order on our website, or interacting with it in any other way, you are agreeing to these terms and conditions which form a legal contract between us. If you do not agree to them, please refrain from using our website.


This website is operated by Sunaura Distribution Ltd, which is registered in the Republic of Ireland under company number 255317, with its registered office at Sunaura House, 1 Meath Road, Bray, Co Wicklow. Our VAT number is IE8255317A.


The address of our company headquarters, to which all product-related correspondence should be directed, is Sunaura Distribution Ltd, Unit 3, Newtown Business and Enterprise Centre, Newtownmountkennedy, Co Wicklow, Ireland. Our full contact details are located here.



3. PRIVACY POLICY


At Sunaura we value your privacy. We hold details internally of your name, organisation, professional status, order and payment history, relevant notes and contact details but this is held securely and is only shared with our partners in order to provide our service to you. We will never sell your details to a third party. Your card payments are processed securely via PayPal or Global Payments on their own secure sites, and we do not keep a record of your card details. You can read their privacy policies here (Global Payments, PayPal). For off-site events with card payments, we use a handheld terminal provided by Sum-Up. We use cookies on our website, and you can read our cookie policy here.


We comply with all applicable data protection and consumer legislation. We recommend that you opt-in to our professional email newsletters but if you are subscribed and wish to unsubscribe, please let us know at [email protected] and we will remove you from the list immediately. You can also opt-out of our newsletters by clicking the Unsubscribe button located at the bottom of every newsletter. If you have any questions or concerns about how we use your data, we will be happy to discuss them with you.  For any data protection query you may have, please contact us on [email protected]


We need to share some of your data with our partners who facilitate the provision of our service and products (i.e. web providers, courier providers, software providers, debt collection agencies/legal teams) but only so far as is absolutely necessary in order to provide our service. We reserve the right to contact you via any of the contact methods at our disposal in order to provide our service. Our current partners include the following but may be subject to change: DHL and An Post (for delivery of orders), Blacknight (for website and email hosting), Willows Consulting (for maintenance of our website), MailChimp (for delivery of our email newsletters), Global Payments, PayPal, AIB, Bank of Ireland and Sum-Up (for transacting of payments), Microsoft and Google (for software and email provision and for Google Analytics), Well-Tel and Eir (for telecommunications). Click on the names of these partners to read their individual privacy policies. 



We hold personal data in the following ways:


a) data pertaining to orders (including product and payment history, contact details, communications relating to orders) will be stored for at least 7 years to allow us to comply with our legal obligations.  We may contact you in relation to orders or payments, or occasionally in relation to similar products or services (separate from c) below) if we have something to discuss with you which we believe may be of interest to you personally. We will only use your customer data to contact you in this way if we think you would appreciate this extended customer service. These will be personal communications for you, influenced by our relationship with you. They will not be generic communications for a mass audience and so we do not require your explicit permission for these types of communications, although we will always respect your right to refrain from receiving any further non-order-related communications if you advise us that this is your wish.

We will destroy most order-related data after 7 years but we may hold customer/supplier data for longer than 7 years for certain customers/suppliers if we have a legitimate business need to retain important notes or other data which may impact on any future dealings with that customer/supplier (for example - but not limited to - customers/suppliers who owed us money/product, or created a disproportionate burden on any of our resources, or for current long-standing customers who have special requirements that need to be recorded). 


b) data pertaining to Pro/Student/Salon discounts: in order to qualify for one of our discounted accounts, you will have provided us with some proof of professional or student status. Once we have assessed it for suitability, we do not retain any copies of this data (although we may note what it was). We do retain full contact details for all customers who qualify for our special customer accounts (name, address, tel no, email, organisation) for the duration that your account remains valid. We may contact you in relation to your account, or occasionally in relation to similar products or services (separate from c) below) if we have something to discuss with you which we believe may be of interest to you personally (but we will always give you the option to refrain from receiving any further non-account-related communications). We will only use your account-related data to communicate with you on a personal level, with the exception of infrequent generic mass communications in relation to the general operation and features of accounts. Student accounts usually remain valid until December of the year that the course was due to finish. Pro and Salon accounts usually remain valid for as long as you continue to order from us, or for 3 years from your most recent order. We reserve the right to close accounts early if we have a legitimate reason as to why you no longer qualify for that discount. For operational reasons, we may retain account-related data for up to 12 months following the closure of any account but we will delete it within 10 working days if you request this. Once your account is closed, you will no longer qualify for our professional/student discounts. Any orders that you have previously placed with us will still be subject to the data retention rules above in part a). 


c) marketing data: we collect and store personal data for customers, potential customers and interested parties in strict accordance with data protection legislation. For these types of communications, you may opt-in to receive notifications from us regarding special offers, events, industry news, new products, etc. We have a number of different methods of generic mass communication for our marketing information (including email, phone, social media, direct mail, personal contact) and we will respect your right to privacy and to opt in or out of any of our methods at any time. If you opt out, we will delete your contact details from our marketing list and we will not contact you for unsolicited marketing purposes again unless you subsequently notify us otherwise. However, we may still contact you regarding orders as per a) or regarding your customer account as per b). If you unsubscribe from any of the methods below, we will delete your details as soon as practically possible and within 10 working days at most, and ensure that any of our partners (as listed above) have deleted your data within their normal deletion periods according to their individual privacy policies. For marketing communications, you can opt-in or opt-out to any of the following communications:


            i) Sunaura Makeup Artistry Email - including our regular newsletter about new products/offers/news/events/tips of interest to the make-up industry. Sent by email, usually monthly, plus occasional mass emails regarding flash sales or special events, or any other marketing emails that we think you might be interested in

            ii) Direct Mail - includes flyers and other marketing information sent directly to the delivery address we have on file for you. We only do this very occasionally for very special news, due to the cost

            iii) Electronic Means - includes electronic messages and other electronic means of contacting you about marketing information, if that is most convenient for you. Let us know if you prefer this method as it's not our default

            iv) Mila d'Opiz Skincare Email - salons can subscribe to our regular newsletter about new skincare products/news/events/tips/offers of interest to them. Sent by email, usually monthly, plus occasional mass emails regarding flash sales or special events, or any other marketing emails that we think you might be interested in


PLACING ORDERS

Products may be ordered by guest or registered users. When you place an order, you agree to accept the products and purchase price as displayed. You will be sent an email to acknowledge this order but this does not imply acceptance of the order by us, even though you may have paid for the order.


We reserve the right to reject orders for any reason (for example due to an error in pricing, unavailability of product, territorial brand restrictions, or any other reason). If we reject your order, we will refund you in full by the same method that you paid.


Once we ship the order, or part of the order, we enter into a contract with you for the sale of those products that we have shipped. We will send you an email to confirm this, although we cannot accept responsibility if this email is not received in your inbox because of spam filters, firewalls, a full mailbox or other factors outside our control. In the event that this happens, we will still ship your order and the contract of sale will still apply.


If we do not have a product in stock, we will contact you with your possible options, such as cancelling that part of the order, offering a replacement (for which there may be a price adjustment), or ordering the product for you if you are prepared to wait for it. We will discuss the options fully and this part of the order will form a new contract as soon as we have agreed on the course of action, although we reserve the right to refund you for the remaining products if it later transpires that we cannot obtain them for you at the agreed price.


When you place an order with us, you undertake to provide true and accurate information to us, to be over 18 years of age, to possess a valid method of payment for which you are an authorised user, and to have sufficient funds to cover the cost of the order. All products remain the sole property of Sunaura Distribution Ltd. until full payment has been received.



4. DISCOUNTS


We offer professional discounts to beauty therapists, make-up artists, theatrical groups, and to students studying in these fields. We will interpret the qualification criteria as we see fit and we reserve the right to exclude or expel any user from the discount scheme at our discretion. The level of discounts and qualification criteria is at our discretion and may change. See our current criteria here.


For users with trade/pro/student accounts, you must be logged in before you finalise an order, in order to obtain the discounted price. It is your responsibility to ensure you are logged in, and you will not receive the discounts if you check out as a guest.


Gift vouchers and discount codes must be used before their expiry dates and must be quoted at checkout. We cannot accept responsibility for stolen or deleted vouchers or codes.



5. DELIVERY, RETURNS & CANCELLATIONS


Our delivery and returns page forms part of this contract and can be accessed here. This details the current methods, prices and delivery times and the choices available to you, as well as the options for returning the products if the products are incorrect, damaged or if you change your mind and wish to cancel the order. We will not entertain any claims made outside of the stated time limits. The delivery times listed on the Delivery/Returns page are guidelines only and not part of the contract, because they are fulfilled by our shipping partners and are out of our control.


It is your responsibility to provide the correct shipping address, and to be available to accept the order when it is delivered. Our shipping partners may attempt up to 3 deliveries or they may give you a short period in which to collect the order from their depot if you were not available when they attempted delivery, but this is out of our control (as is the exact time of delivery). If the order is returned to us because delivery was not possible, we will refund you for the products but not the shipping costs. If you would like us to resend it, we will charge you for a second set of shipping costs.


For small orders within Ireland, there may be an option to send the product by untracked post. This is not our preferred shipping option but we offer it to you because it may save you money. However, it is at your risk and the unlikely event that the order does not reach you, we will not be able to help you to find it. We do not recommend this method for customers who live in apartment blocks as the order is more likely to get lost.



6. PRODUCT INFORMATION AND LIABILITY


While we do endeavour to provide accurate and up-to-date information on our website, it is not always possible. In particular, it is not possible to provide accurate colour shades on a computer screen which completely represent the colour shades of products. Where a precise colour match is important, we advise purchasing the smallest size of the product to limit your risk that it will not be correct. In some cases, we may be able to send a sample of some of the shades but this will not always be possible. We accept no liability for any colour shades that are not as pictured. We also accept no liability for any other inaccuracies as all product information, descriptions and images are intended as guidelines only, and are not a part of the purchasing contract.


Prices are quoted in euros or sterling. We reserve the right to amend prices without prior notice, and to make adjustments for currency fluctuations and VAT changes. The current VAT rate is 23%. We reserve the right to withdraw products, change prices etc. without prior notice. If you are vat-registered in another EU country (outside of Republic of Ireland), please ensure you have entered your VAT number at checkout so that you will not be charged for VAT. VAT-exempt Irish film productions may apply for a vat exemption from us on production of the 56B VAT exemption form.


Goods are sold on the basis that they will be used for their intended purpose only. Professional products (such as eyelash tinting or waxing products) are only intended for use by those who are trained or training in their use. Although they are available for sale to all users with Trade/Pro or Student accounts, we accept no liability for the misuse of professional products by untrained or inadequately trained purchasers.



7. INTELLECTUAL PROPERTY RIGHTS


All materials on or accessible via this website remain the property of Sunaura Distribution Ltd. and its partners, and as such are protected by Irish and international copyright laws. All such rights are reserved. This includes, but is not limited to: text, images, videos, graphics, logos, and design (including the look and feel of all aspects of the website).


You may use these materials for interacting with the website in the normal way, for personal use. You may link to the materials on our website from another website or social media source, for the purposes of reviewing our products or service or disseminating some of our useful information, as long as this does not breach any part of the section below (Use of this website) and as long as it is clear that this website is the source of the material. Any other use whatsoever of our materials requires our prior written permission.


No rights, title or interest will transfer to you as a result of your permitted use of our copyright materials.



8. USE OF THIS WEBSITE


We reserve the right to amend or suspend any aspect of this website without notice, for repairs, maintenance, redesign, change of policy or any other reason as we see fit.


You acknowledge that you are solely responsible for all activities under your login and that your use of this website is for proper and lawful purposes only. You will not engage in or procure any activity or omission which would damage, delay, interrupt or impair this website, its software or our associated business (including but not limited to our reputation, activities, customers, suppliers, employees or agents) in any way.


You will not cause any defamatory, offensive or illegal material to be placed on or associated with this website.


You agree to indemnify us against any claim or demand, including legal fees, made by any third party arising out of your breach of any part of these Terms and Conditions.


In the event that you breach any of our Terms and Conditions, we reserve the right to take any action required to remedy the situation, including legal action. By using this website, you irrevocably agree to submit to the exclusive jurisdiction of the courts of the Republic of Ireland in the event of any legal dispute or action.


We reserve the right to amend our terms and conditions from time to time without prior notice. Any changes will come into effect immediately and will govern existing as well as new users. It is not practically possible to explicitly inform all of our customers of every change to our terms/conditions and privacy policy. So we recommend that you review this policy from time to time if you are concerned with how your data is used or how we may operate our service.


We will not be liable for any delay or failure to perform any of our obligations under a contract if caused by events outside our reasonable control.


If any provision of these Terms and Conditions is unenforceable for any reason, the remaining provisions shall not be affected.