This website is operated by Sunday Rain. Throughout the site, the terms "we", "us" and "our" refer to Sunday Rain. Sunday Rain offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Our domain is run on a secured SSL, with multiple payment options available.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We ship to North America. Check our stockists page for where you can find us IRL!
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card or personal newsletter sign-up information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Sometimes for promotions, we may offer a complimentary discount code to be used at discount. Please follow the T&C's provided below this page, or stated on promotional flyer. Discount codes cannot be combined.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
If changes occur, this can be due to sales, discounts or any promotional feeds running at the time. If purchased prior to a price change/reduction, we cannot honor the new price and amend past orders.
Due to hygienic reasons, we cannot refund products which are opened or used, nor brought incorrectly by customer. Refunds & exchanges can only be honoured under the following circumstances:
Order not arriving via post.
Faulty packaging on arrival.
Please note that delivery addresses submitted by customer are final and can only be amended via contracting our customer service. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. We are not liable for any incorrect address and misspelling, which result to orders not arriving nor going missing.
If you need to get in contact with us regarding your order, please contact our US Customer Service team via firstname.lastname@example.org
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
PROMOTIONAL CODES OR DISCOUNTS
In some occasions, you will be eligible to use a discount purchase either via campaign promotion, newsletter sign up or provided by customer service to rectify missing product. Expiry dates are as follows:
CUSTOMER SERVICE PROVIDED DISCOUNT - these discounts have a 12 month validation from date provided. They are not exchangeable for cash/refunds.
NEWSLETTER SIGN UP - Valid until January 2020 - subject to change.
CAMPAIGNS - According to campaign terms stated in email or storefront.
INFLUENCER CURATED - According to campaign terms stated in caption or in campaign regulations.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
FEEDBACK, COMMENTS AND INCENTIVES
For data reasons - feedback submitted by form held by Oh K! will be kept for 1 year from submission date. Once the year anniversary has passed your data will be destroyed. For UK and EU countries, your data is only stored if you have consented to the mailing list/email submission, otherwise you will be withdrawn and deleted from the mailing list and all CRM after 90 days.
Feedback submitted by reviews online for customer confidence will be held online permanently and only deleted if requested by the review. All reviews are held by YOTPO - Shopify Review APP.
Feedback & comments that include feedback incentives. In some cases we will hold incentives in support to drive feedback. In these cases, we have the right to withdraw these by chance and 'free sample' incentives if (1) low on stock, (2) technical difficulties which our out of our control. Please note, samples are not refundable nor exchangeable for cash value. Please ensure the correct address is used upon application. We will not re-send or refund samples if post is missing. Once information has been submitted please allow up to two weeks (UK/US) 3 weeks (ROW) to receive your sample. Territories will be allocated per an feedback incentive. If your country location does not apply, you will not be entered into the giveaway.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Oh K!, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
e maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Sunday Rain and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Sunday Rain 1101 Saint Gregory St Suite 200 Cincinnati, OH 45202.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com
Competitions and Customer Incentives
1. Sunday Rain is part of Vivona Brands whose registered office is at 1101 Saint Gregory St Suite 200 Cincinnati, OH 45202;
2. The competition is open to residents of the US unless stated otherwise aged 16 years or over except employees or affiliates of Sunday Rain and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
3. There is no entry fee and no purchase necessary to enter social media competitions.
4. By entering our competitions via Instagram/Twitter & Facebook, an entrant is indicating his/her agreement to be bound by these terms and conditions.
5. Route to entry for the competition and details of how to enter are via @_sundayrain_ (Instagram) Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
6. Closing date for entry will be as noted on the competition post or caption. After this date the no further entries to the competition will be permitted.
7. No responsibility can be accepted for entries not received for whatever reason.
8. Competitions such as giveaways and brand partnerships have the right to hold data if needed for future services and competitions. No other retailers or brand partner ships are included unless stated.
9. The rules of the competition and how to enter are as follows:
i. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
ii. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
The prize for these competitions as follows:
iii. The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
iv. Winners will be chosen at random using an automated system.
v. The winner will be notified by email and/or DM on Twitter/Facebook within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
vi. The promoter will notify the winner when and where the prize can be collected / is delivered.
vii. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
viii. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
ix. The competition and these terms and conditions will be governed by [English/US/EU] law and any disputes will be subject to the exclusive jurisdiction of the courts of [England/US/EU].
x. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK/EU] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
xi. Entry into the competition will be deemed as acceptance of these terms and conditions.
Last Updated: 5.09.2019
ONLINE SURVEYS AND FORMS
Time to time, we would send out online surveys to our customers and mailing lists, so we are able to capture relevant feedback an data to improve the services we provide. If you receive an invite to fill out a feedback form, please read our T&C's below:
1. Sunday Rain is part of Vivona Brands whose registered office is at 1101 Saint Gregory St Suite 200 Cincinnati, OH 45202
2. The online form survey incentive is open to all US, EU & UK customers of Sunday Rain who have consented to our mailing list and have accepted email marketing at checkout.
3. Customers who are on the mailing list will receive an invite to take part on a online survey. This cannot be shared by a customer with any other applicants outside the mailing list.
4. Customer has to fill out all fields of the online including email address to be qualified into the giveaway or the incentive given.
5. You agree that all answers submitted are truthfully answered and are in the interest of improving the services we provide.
6. Incentives, prizes and giveaways cannot be exchanged for a refund or cash value.
7. All orders using the incentive are final and cannot be refunded or exchanged.
8. We keep the data for 5 years from submission date for all territories.
9. In some cases, feedback might be shared with third-parties. If this is the case, full consent and data will be provided upon filling out the survey. All other surveys are for internal use only to improve our services.
10. Prize may differ per a survey. Please read the survey detailing before applying.
Want to leave us a review online, or get the chance to be featured? Before leaving your reviews, please read the T&C's below:
1. Sunday Rain is part of Vivona Brands whose registered office is at 1101 Saint Gregory St Suite 200 Cincinnati, OH 45202
2. The online review incentive is open to all US, EU & UK customers of Sunday Rain who have consented to our mailing list and have accepted email marketing at checkout.
3. Customer has to fill out all fields of the review including email address on the appropriate product page to be qualified into the giveaway.
4. One winner is chosen per a week. They will be contacted by firstname.lastname@example.org via email for confirmation on delivery confirmation.
5. Winners are selected through an automated system.
6. This is only open to US, UK & EU customers only.
7. Prize includes $10 e-voucher which can be redeemed on any purchase over $20.00.
8. We will notify the winner directly for any delivery or stock issues arise if linked to their order.
9. Your basket cannot be amended, exchanged for full cash value.
10. Sunday Rain have the right to cancel any orders due to circumstances out of our control, including stock shortages or internal support.
12. Our review incentive has no closing date – this is an ongoing data capture to help improve the online and product services we provide until further notice.