Terms and Conditions

Please read the terms and conditions displayed before using the sunburn.com.au website. By using the sunburn.com.au website, you are deemed to have read the terms and conditions and be bound by them.

Privacy – please review our privacy policy which governs this website in order to understand how these are applied.

Conduct

This website has been developed for use by customers and intended customers. You agree not to use the website in any way that causes or is intended to cause access to the website to be damaged, interrupted, or impaired in anyway including but not limited to:

  • Causing annoyance or nuisance inconvenience or mischief;
  • Fraudulent purposes or in connection with unlawful or criminal activity;
  • Breach of copyright, trademarks, confidence, privacy or any other right.
Contract

When you place an order to purchase a product from Sunburn, we will send you an email confirming receipt and details of your order. Our acceptance of this offer to purchase will be at the time we dispatch that product to you and a confirming email in this regard is sent. The acceptance will be complete at this time. It is agreed at the time you place an order it is your intention to enter into a contract with Sunburn Co Pty Limited.

Pricing and Availability

Sunburn lists products for sale on its website as indicated. Whilst we use our best endeavors to fulfill such orders, we cannot be held responsible if the products are not available at a given point in time. It is further noted that dispatch times indicated on our website are a guide and are not guaranteed dispatch times and should not be relied upon as such. Pricing is shown in the currency as indicated at the time the order is accepted, and all prices are inclusive of the Goods and Services Tax.

Customs

When ordering goods from sunburn.com.au for delivery to any destination outside Australia, the recipient may be charged import duty and other taxes including, but not limited to, sales tax which are levied on import values above a threshold by the customs authority in that overseas country. It is the responsibility of the purchaser to pay these amounts to the freight company if applicable prior to delivery. It is outside our area of control and responsibility to determine, advise or influence such charges.

As customs policies vary from country to country, you are requested to direct queries of this nature to your local customs office. Customers should also note that the recipient is to be regarded as the Importer of record and you will need to comply with whatever regulations are required in this regard in the country of the recipient. Sunburn are neither able to advise on process to claim back, nor refund, any duty and taxes paid should an ordered item be returned.

Consent

Sunburn.com.au assumes all sales are made to persons over the age of 18. If you are under 18, you need to have the involvement of a parent or guardian.

Payment

Payment is only accepted by means of the credit card types shown and Paypal. We are unable to process any other payment form. Refunds can only be processed in the method of original payment.

Alterations to terms and conditions

We reserve the right to make changes to our website, policies, terms and conditions at any time.

Waiver

Should you breach any terms or conditions and we take no action against you, we shall be entitled to invoke our rights and remedies in any other situation where you breach these conditions.

Governing Law

The above terms and conditions are governed by the laws applicable of the state of New South Wales in Australia. Both parties submit to the non exclusive jurisdiction of the New South Wales Courts.

Sale items returns policy

  1. Online sale item purchases - we accept exchanges for an item of equal or greater value on sale items in accordance with our Returns Policy. We unfortunately do not offer refunds on sale items.
  2. Instore sale item purchases - we do not accept returns or exchanges.
  3. We will offer a full refund online and instore should an item be deemed faulty.

Sunburn Beach Club Loyalty Program

  • Individuals who join the Sunburn Loyalty Program and/or redeem rewards agree to be legally bound by the Terms and Conditions.
  • The most current Terms and Conditions at any point in time can be found on the member website.
  • The Terms and Conditions may be modified at any time without prior notification by Sunburn in its absolute discretion. Despite anything to the contrary contained in this document, any modification to the Terms and Conditions may be applicable to a Member retrospectively.
  • Sunburn will not accept any liability for any email communication to any Member that is misdirected, lost or not received.
  • Sunburn will not accept any liability for any technical issues that may cause damage to any computer related to or used in connection with the Sunburn Loyalty Program.
  • Sunburn may collect personal information from the Members for the purpose of facilitating the Sunburn Loyalty Program. Please see Sunburn's Privacy Policy on http://www.sunburn.com.au/privacy for more information.
  • In its absolute discretion, Sunburn reserves the right to cancel, terminate, modify or suspend the Sunburn Loyalty Program at any time.
  • Sunburn will not be liable for any tax liability incurred by a Member in connection with the Sunburn Loyalty Program, including that incurred in the provision of rewards.
  • The Terms and Conditions are to be read in conjunction with any additional conditions associated with Rewards. In the event of any discrepancies, Sunburn's decision in its absolute discretion will be final and binding.
  • Sunburn's decision in relation to all matters arising in relation to the Sunburn Loyalty Program is final and binding.
Definitions
  1. "Benefits" means any benefits given to the Members.
  2. "Member" means individuals who sign up to the Sunburn Loyalty Program.
  3. "Member Webpage" refers to the web page where details of the Sunburn Loyalty Program (including the most up to date Terms and Conditions) can be found.
  4. "Redeem Rewards" means Members can redeem rewards against purchases.
  5. "Rewards" refers to rewards given to Members as a consequence of purchasing behaviors, incentives and/or promotions. Members are notified of Rewards via email.
  6. "Technical Issues" means the technical malfunction of any telephone network, connection or lines, computer on line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or at any web site or intranet site.
  7. "Sunburn Card" refers to the membership card that is linked to the Members' account
  8. "Terms and Conditions" mean the Terms and Conditions set out in this agreement and as updated on the Member webpage from time to time.
  9. "Sunburn Loyalty Program" means the loyalty program operated by Sunburn providing Members with access to exclusive benefits and rewards.
  10. "Sunburn" means Sunburn Pty Ltd ABN 26 133 111 583 or its authorised representatives.
Members | Membership
  1. An individual is deemed to be a Member of the Sunburn Loyalty Program when they sign up in store and activate their Sunburn Card or sign up Sunburn.com.au and set up a My Account.
  2. Activation of the Sunburn Card or set up of the online My Account is deemed acceptance by the Member of the Terms and Conditions.
  3. Membership of the Sunburn Loyalty Program is only open to individuals with a valid email address, postal address and phone number.
  4. At any time, Members can only have one membership to the Sunburn Loyalty Program and one corresponding Sunburn Card. Online sign ups do not require a membership card to access the benefits, however they can visit a Sunburn store to collect and activate a card should they like a physical card.
  5. Sunburn reserves the right to refuse or terminate membership of the Sunburn Loyalty Program without prior notice or reason and in its absolute discretion.
  6. Membership is not transferable.
  7. A Member can at anytime terminate their membership by providing written notice to Sunburn.
Sunburn Card
  1. The Sunburn Card remains the property of Sunburn at all times.
  2. One Sunburn Card will be issued per Member.
  3. Instore a current Sunburn Card must be presented by the individual named on the Sunburn Card for all transactions including (but not limited to) requests for discounts, recording of purchases, redeeming rewards or in response to any promotional activity specific to the Sunburn Loyalty Program.
  4. Online the Member must utilise their email address listed on their account for all transactions including (but not limited to) requests for discounts, recording of purchases, redeeming rewards or in response to any promotional activity specific to the Sunburn Loyalty Program.
  5. Members may be required to provide photo identification to verify their identity.
  6. Only one Sunburn Card can be presented for each transaction.
  7. The Sunburn Loyalty Program membership is free and open to those that have made a purchase, and those that are yet to purchase at a Sunburn store or on Sunburn.com.au
  8. Members must notify Sunburn immediately if the Sunburn Card is lost, stolen or misplaced and until such time, Sunburn will not be held responsible or liable for any authorised or unauthorised transactions.
  9. Sunburn Cards do not have an expiration date. Membership is valid for the lifetime of the program.
Benefits
  1. Members of the Sunburn Loyalty Program will be entitled to receive benefits.
  2. Sunburn reserves the right to vary the benefits at any time and without notice.
  3. You must be a current enewsletter subscriber to access the below benefits. The $20 birthday gift and $250 wardrobe winners are notified by email. Unsubscribing from the database will remove the Member from the email list, thus the $20 birthday gift email can not reach the Member.
Reward
  1. At its sole discretion, Sunburn may update a Member account with a reward as a consequence of a purchasing behavior, incentive and/or promotional activities.
  2. Sunburn will notify the Member via email or post of their entitlement to any rewards.
  3. Sunburn reserves the right to withdraw, cancel or vary the rewards without notice and at any time.
  4. Rewards cannot be sold, transferred or assigned and are not redeemable for cash or any other like instruments - including (but not limited to) gift vouchers, gift cards, cheques and credit notes.
  5. All rewards are based on the current exchange rate of the AUD
  6. Sunburn reserves the right in its absolute discretion to exclude certain items and promotions from being redeemed using rewards.
  7. If a Membership is terminated from the Sunburn Loyalty Program, all outstanding and future rewards will no longer be valid and will be rendered null and void.
  8. Rewards can take up to 48 hours before they are available for redemption.
  9. All rewards have an expiry date and at which point they will no longer be available for redemption.
  10. Only rewards from one Sunburn Card can be presented per transaction.
  11. Sunburn will not be held responsible or liable if rewards are not able to be redeemed for whatever reason but specifically, in the case of a technical failure of software or hardware or an EFTPOS malfunction


WIN a Miléa European Summer Giveaway

Go in the draw to win a Milea vacation pack valued at $999.65

NSW permit number LTPS/17/15724

Information on how to enter and the prizes form part of these Terms and Conditions.
Participation in this promotion is deemed acceptance of these Terms and Conditions.

  1. The Promotor is Seafolly Australia Pty Ltd, BUILDING 3 & 4, THE MILL, 41 - 43 BOURKE RD, ALEXANDRIA NSW, AUSTRALIA. Telephone +61 2 8339 8222. ABN: 80 125 901 206
  2. Entry is open to anyone aged 13 and over, with the exception of Seafolly Australia and Sunburn Pty Ltd employees, and family.
  3. Promotion commences on 13/07/2017 at 15:00 AEST until 27/07/2017 at 16:50 AEST.
  4. To enter, an entry will be acknowledged when they complete, via the Gleam platform any of below;
  5. Enter via Facebook
    b. Enter via Instagram
    c. Purchase in store or online and photograph your receipt number
    d. View competition post on Facebook
    e. View competition post on Instagram (@milea, or @sunburnswimwear)
    d. Send your Name, Phone number, Email Address, Age, and State of Residence to info@milea.com.au with the subject line ‘WIN a Milea European Summer Getaway’.
    Seafolly Australia Pty Ltd will recognise competition entry submissions through these mediums only.
  6.  
  7. Seafolly Australia Pty Ltd reserves the right, at any time, to verify the validity of entries and entrants and reserves the right, in its sole discretion, to disqualify any individual who Seafolly Australia Pty Ltd has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Seafolly Australia Pty Ltd to enforce any of its rights at any stage does not constitute a waiver of those rights. The Seafolly Australia Pty Ltd legal rights to recover damages or other compensation from such an offender are reserved.
  8.  
  9. Users can enter as many times as the Gleam platform allows; and the winner will be selected at random.
  10. If there is a dispute as to the identity of an entrant, Seafolly Australia Pty Ltd reserves the right, in its sole discretion, to determine the identity of the entrant.
  11.  
  12. The draw will take place on 27th July, 2017 at 5pm AEST at BUILDING 3 & 4, THE MILL, 41 - 43 BOURKE RD, ALEXANDRIA NSW, and the winner will be contacted directly via email. Winner will also be announced via a post on the official Sunburn Swimwear Instagram account, Milea Instagram account, and on the competition landing page on Sunburn.com.au. Should the entry conditions not be fulfilled at time of the draw, they will forfeit the prize, and another winner will be drawn.
  13. If for any reason a winner does not respond within 1 month, then the prize will be forfeited; and another winning entry will be drawn. The draw will take place at BUILDING 3 & 4, THE MILL, 41 - 43 BOURKE RD, ALEXANDRIA NSW, AUSTRALIA on 27/08/2017 at 10am AEST and the winner will be notified via email.
  14.  
  15. If any prize is unavailable, Seafolly Australia Pty Ltd, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  16. Total prize pool value is valued at $999.65 AUD RRP. Products included are: Milea Swimsuits x3, Milea Kaftan, Peppermint Grove Gift Pack, Endota Hydration Pack. No cash can be redeemed from the prize amount. No store credit provided. The winner is to advise via email their size. Prizes cannot be picked up from a location; they will be posted to the nominated
  17. Entrants consent to Seafolly Australia Pty Ltd using their name or account name in any media for an unlimited period without remuneration for the purpose of announcing the winning entry, promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by Seafolly Australia Pty Ltd .
  18. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Seafolly Australia Pty Ltd, including but not limited to technical difficulties, unauthorised intervention or fraud, Seafolly Australia Pty Ltd reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  19. Prize will be dispatched to the address stipulated by the winner periodically, at public release, as per availability from the manufacturer.
  20. Should entrants not have an Instagram or Facebook account you may also enter the competition by emailing info@milea.com.au with the subject line ‘WIN a Milea European Summer Getaway’ with their contact name, number and postal address.
  21. Submission of email address via Gleam to enter this competition is deemed acceptance for that email address to be added to the Seafolly and Sunburn database/s to receive newsletters. Entrants can unsubscribe at any time, subscription at the time of the draw is not considered a requirement for entry.


Beach Club – “Welcome Offer $10 off* 

  • The “Welcome Offer $10 off " is sent via email to eligible Becah Club members and is available for a one time use only.
  • This promotion allows eligible customers to redeem $10 off full price merchandise on the online store only www.sunburn.com.au. This offer is not available in conjunction with any other offer. Standard shipping charges apply.
  • To be eligible, a customer must provide Sunburn Swimwear with their full name, email address, and birthdate; in conjunction with permissions to contact them via email.
  • This promotion is redeemable online only and cannot be used in a Sunburn Swimwear Retail Store.
  • To redeem the offer the unique code must be applied at cart at the point of checkout, prior to submitting payment. If an order is placed without the provision of this code Sunburn Swimwear cannot adjust the transaction or refund the variance.
  • This promotion must be redeemed prior to the expiry date stipulated on the email. Sunburn Swimwear cannot extend any unique code.
  • Sunburn Swimwear is not responsible for an email and voucher not being received due to their email address changing, the email bounces back or if the email hidden from an inbox due to spam filters. It is the responsibility of the member to contact enquiries@sunburn.com.au should their email address change
  • All participants may have their details removed or altered from Sunburn Swimwear’s database by contacting customer service on enquiries@sunburn.com.au. If details are removed prior to the conclusion of the promotion duration entrants will forfeit their right to claim any offer.
  • The personal information supplied when entering this promotion will be used by Sunburn Swimwear in accordance with these terms and conditions and its Privacy Policy. Please refer to the Privacy Policy by visiting the Website. Entrants in this Promotion agree to be bound by that Privacy Policy.


Beach Club – “$20 Birthday Voucher”

  • The “$20 Birthday Voucher” is sent via email to eligible customers and is available for a one time use only.
  • The promotion allows eligible customers to redeem $20 off full price merchandise.
  • To be eligible, a customer must provide Sunburn Swimwear with their full name, email address, birthdate and postal code; in conjunction with permissions to contact them via email. Only current subscribers can receive and redeem this offer; unsubscribing with result in the invalidation of your code.
  • This promotion is not available in conjunction with any other offer or on store laybys.
  • This promotion is redeemable in store and online.
  • To redeem in store the email must be presented in store to a Sunburn Swimwear Representative.
  • To redeem online the offer the unique code must be applied at cart at the point of checkout, prior to submitting payment. If an order is placed without the provision of this code Sunburn Swimwear cannot adjust the transaction or refund the variance.
  • This promotion must be redeemed prior to the expiry date stipulated on the email. Sunburn Swimwear cannot extend any unique code.
  • Sunburn Swimwear is not responsible for an email and voucher not being received due to their email address changing, the email bounces back or if the email hidden from an inbox due to spam filters. It is the responsibility of the member to contact enquiries@sunburn.com.au should their email address change or have not received a birthday voucher in the month of their birthday.
  • All entrants may have their details removed or altered from Sunburn Swimwear’s database by contacting customer service on enquiries@sunburn.com.au. If details are removed prior to the conclusion of the promotion duration entrants will forfeit their right to claim any prize
  • The personal information supplied by entrants when entering this promotion will be used by Sunburn Swimwear in accordance with these terms and conditions and its Privacy Policy. Please refer to the Privacy Policy by visiting the Website. Entrants in this Promotion agree to be bound by that Privacy Policy.


Beach Club – “Win a $250 wardrobe promotion”

  • The “Win a $250 wardrobe promotion” is open to all eligible members.
  • The prize is one $250 voucher available for redemption in store or online.
  • To be eligible, a customer must provide Sunburn Swimwear with their full name, email address, birthdate and postal code; in conjunction with permissions to contact them via email.
  • To redeem in store, the winning confirmation and details must be presented. Online redemption process will be advised at point of prize provision.
  • This prize is not available in conjunction with any other offer, and cannot be redeemed for cash or used for lay-by payments.
  • The competition is drawn monthly at Sunburn Swimwear Head Office, 247 King Street, Mascot NSW 2020.
  • The winner will be contacted via email, and if no response, then via telephone. If no response is observed for a period for 4 weeks from initial contact the prize will be forfeited.
  • There is a total of one winner per month and a member can only win the prize once.
  • The voucher is available 6 months from issue and must be redeemed within this time. Should the voucher not be redeemed prior to the expiration date, the prize is forfeited.
  • Sunburn Swimwear is not responsible for an email and voucher not being received due to their email address changing, the email bounces back or if the email hidden from an inbox due to spam filters. It is the responsibility of the member to contact enquiries@sunburn.com.au should their email address change
  • All entrants may have their details removed or altered from Sunburn Swimwear’s database by contacting customer service on enquiries@sunburn.com.au. If details are removed prior to the conclusion of the promotion duration entrants will forfeit their right to claim any prize
  • The personal information supplied by entrants when entering this promotion will be used by Sunburn Swimwear in accordance with these terms and conditions and its Privacy Policy. Please refer to the Privacy Policy by visiting the Website. Entrants in this Promotion agree to be bound by that Privacy Policy.

 

Gift Card Terms of Use

These Terms and Conditions apply to all Gift Cards issued by:
Sunburn Pty Ltd ABN 26 133 111 583

Introduction

  1. To the extent permitted by law, these Terms of Use contain the full set of conditions governing the purchase, issue, redemption and use of your Sunburn Gift Card. Any recipient of the Gift Card should be directed to these Terms of Use to ensure that they are appropriately informed before they make use of their Gift Card.
  2. If you have any questions or would like more information about your Gift Card, please call customer service on 1300 575 620 within Australia, +61 2 8339 8237 outside Australia.
  3. Accepting the Gift Card and agreeing to these Terms of Use
  4. By purchasing, redeeming, attempting to redeem or otherwise using a Gift Card, you accept and agree to be bound by these Terms of Use.

Purchasing the Gift Card

  1. Gift Cards may be purchased at participating Sunburn Stores in Australia, Singapore or United States.
  2. Gift Cards cannot be purchased online.
  3. The initial value deposited to the account of the Gift Card is determined as at the time of purchase, in local currency and no further amounts may be deposited following purchase.
  4. Gift Cards may not be cancelled once payment has been processed.  Gift Cards are not (in part or in full) refundable or redeemable for cash.

Purchases using the Gift Card

  1. You may use your Gift Card to purchase at any Sunburn Store operated by Sunburn.
  2. Your Gift Card is only valid for use at participating Sunburn Stores.
  3. You must spend a minimum of AUD$50 to use a Gift Voucher. 
  4. Your Gift Card may only be used to make purchases up to the value contained on the Gift Card. If you wish to make a purchase of goods for an amount that exceeds the value on your Gift Card, you must pay the excess using another payment method.
  5. No change will be given where any value or credit balance remains on the Gift Card following a purchase of goods.
  6. Your Gift Card cannot be used to purchase another Gift Card.
  7. Gift Card not valid for redemption online at www.sunburnswimwear.com.au 
  8. No cash advances
  9. You cannot obtain any cash advance with your Gift Card.

Expiry and value balance

  1. Your Gift Card will be valid for 12 months from the date of purchase. The value of any unused balance on the Gift Card after the date of expiry will be forfeited and will not be refunded, credited or transferred to any replacement or new Gift Card.  It is your responsibility to ensure the value placed on the Gift Card is redeemed within that time frame.
  2. You can confirm the expiry date and balance of your Sunburn Gift Card and your transaction history by contacting customer support on 1300 575 620 within Australia, +61 2 8339 8237 outside Australia; or by presenting your Gift Card at the counter in any Sunburn  store.

 Lost, stolen or damaged Gift Cards

  1. Sunburn accepts no responsibility for the loss, theft or destruction of Sunburn Gift Cards and Sunburn has no obligation to replace or refund the value of lost, stolen or damaged Gift Cards.
  2. You are liable for all transactions on your Sunburn Gift Card, including where your Gift Card has been lost or stolen.
  3. Sunburn is entitled to prevent further use or the redemption of the value contained on any Gift Card if; you report that it has been lost, stolen or damaged; or if Sunburn believes or has reason to suspect that the Gift Card has been or will be used in a manner that contravenes these Terms of Use or is unlawful, misleading or deceptive, unfair or causes detriment to any other person.

Changes to Terms of Use

  1. Sunburn reserves the right to change any of the terms contained in these Terms of Use, including the adding or removing of Sunburn stores at which the Gift Card may be used, at any time without notice.

 Queries or complaints

  1. If you have any queries or complaints regarding the purchase or use of the Gift Card, please contact Sunburn on 1300 575 620 within Australia, +61 2 8339 8237 outside Australia; or email enquiries@Sunburn.com.au

Applicable law

  1. These Terms of Use are to be construed and enforced in accordance with the laws of New South Wales, Australia. Any dispute arising from your receipt or use of a Gift Card is exclusively subject to the jurisdiction of the courts of New South Wales, Australia (including the Federal Court of Australia).

Thank You Voucher

  1. The “Thank You Voucher” is sent via email to eligible customers and is available for a one time use only.
  2. This promotion allows eligible customers to redeem the stated amount off full price merchandise. This offer is not available in conjunction with any other offer.
  3. This promotion is redeemable online only and cannot be used in a Sunburn Swimwear Retail Store.
  4. To redeem the offer the unique code must be applied at cart at the point of checkout, prior to submitting payment. If an order is placed without the provision of this code Sunburn Swimwear cannot adjust the transaction or refund the variance.
  5. This promotion must be redeemed prior to the expiry date stipulated on the email. Sunburn Swimwear cannot extend any unique code.

Up To 50% Off Selected Styles 

  1. Sale is valid from (AEST) 12:00am Thursday 30 March 2017.
  2. Sale is for a limited time only. Sunburn can withdraw sale at any given time without notice.
  3. Sale price is as advertised and is applied to the product automatically.
  4. Sale products cannot be returned for refund. Sunburn can only offer an exchange on sale items.
  5. The promotion cannot be applied to an order that has been completed prior to (AEST) 12:00am Thursday 30 March 2017.
  6. Promotion only applies to products in the following category: http://www.sunburnswimwear.com.au/summer-sale.html
  7. Extended delivery time frame may be applied to Sale orders.
  8. If you have any queries regarding this promotion, please contact Customer Service on 1300 575 620 before finalising your order.