Sunnies.com.au – Terms of Service & Terms and Conditions

Effective Date: 18 October 2025
Last updated: 23 January 2026

1. Introduction

1.1 This website (the Website) is operated by Flame Wave Pty Ltd (ABN 22 753 051 913) trading as Sunnies.com.au (“we”, “us”, “our”).
1.2 These Terms of Service and Terms and Conditions (together, the Terms) govern your access to and use of the Website and the purchase of products and services from us.
1.3 By accessing, browsing, using the Website or placing an order, you agree to be bound by these Terms, our Privacy Policy, Returns Policy and any other policies published on the Website. If you do not agree, you must not use the Website.
1.4 We may amend these Terms at any time by publishing an updated version on the Website. Changes take effect immediately upon publication. You should review these Terms regularly and keep a copy for your records.

2. Eligibility and Acceptance

2.1 You accept these Terms by:

accessing or using the Website; or
placing an order; or
clicking “I accept” where this option is provided.

2.2 If you use the Website on behalf of a company or other entity, you warrant that you have authority to bind that entity to these Terms.

2.3 You must be at least 18 years old (or the age of legal contractual capacity in your jurisdiction) and legally capable of entering into binding contracts.

3. Accounts and Registration

3.1 You may be required to create an account to place orders or access certain services.
3.2 You warrant that all information you provide is accurate, current and complete, and you agree to keep it updated.
3.3 You are responsible for maintaining the confidentiality of your login details and for all activity under your account.
3.4 You must notify us immediately if you suspect any unauthorised access or use of your account.

4. Your Obligations and Prohibited Conduct

4.1 You must comply with these Terms, all applicable laws and generally accepted standards of online conduct.
4.2 You must not:

use the Website for any unlawful or unauthorised purpose;
interfere with or disrupt the Website, servers or networks;
use automated systems (including bots, spiders or scrapers) to access the Website without our consent;
reproduce, duplicate, sell, resell or exploit any part of the Website or its content for commercial purposes without written permission;
collect personal information from other users without consent.

5. Product Information and Orders

5.1 We endeavour to ensure that all product descriptions, images, pricing and availability are accurate. However, minor variations in colour, packaging or appearance may occur and product images are indicative only.
5.2 Prices are displayed in Australian dollars unless otherwise stated and include GST where applicable. Shipping charges are shown separately at checkout.
5.3 We reserve the right to correct pricing or typographical errors and to cancel any order affected by such errors (with a full refund where payment has been taken).
5.4 An order is not accepted until we confirm acceptance by email. We may refuse or cancel orders at our discretion, including where products are unavailable or payment is not authorised.

6. Payment

6.1 Payments are processed through third‑party payment gateways. We do not store full credit card details.
6.2 You authorise us (and our payment providers) to charge the total order amount to your selected payment method.
6.3 You are responsible for ensuring that payment details are valid and that sufficient funds are available.

7. Delivery

7.1 We arrange delivery through third‑party delivery providers. Estimated delivery times are indicative only and not guaranteed.
7.2 Risk in the goods passes to you upon delivery to the nominated address.
7.3 If goods are lost or damaged in transit, you must notify both the delivery provider and us as soon as reasonably practicable so we can assist with a claim.

8. Returns, Refunds and Consumer Guarantees

8.1 Our Returns Policy forms part of these Terms and is available on the Website.
8.2 You are responsible for return shipping costs unless the return is due to our error or a product fault.
8.3 Nothing in these Terms limits or excludes your rights under the Australian Consumer Law (ACL).
8.4 Under the ACL, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

9. Warranty Claims

9.1 To make a warranty or consumer guarantee claim, you must provide proof of purchase and a description of the issue.
9.2 Except for rights that cannot be excluded under the ACL, all other warranties are excluded to the maximum extent permitted by law.

10. Health and Product Disclaimer

10.1 Our products are not medical devices unless expressly stated. Sunglasses and eyewear supplied are for general use only and are not intended to diagnose, treat or prevent any medical condition.
10.2 You are responsible for ensuring that products are suitable for your personal needs, including prescription or eye health requirements.

11. Intellectual Property

11.1 All content on the Website, including text, images, logos, graphics, software and designs (the Content), is owned by or licensed to us and protected by intellectual property laws.
11.2 You may view and print Content for personal, non‑commercial use only.
11.3 You must not reproduce, distribute, modify, publish or commercially exploit any Content without our prior written consent.

12. Privacy

12.1 We collect, use and disclose personal information in accordance with our Privacy Policy, which forms part of these Terms.

13. Website Availability and Disclaimer

13.1 The Website is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted or error‑free access.
13.2 To the maximum extent permitted by law, we exclude all implied warranties, guarantees and conditions not expressly stated in these Terms.

14. Limitation of Liability

14.1 To the extent permitted by law, our total liability arising out of or in connection with these Terms, the Website or any order is limited to the amount you paid for the relevant product.
14.2 We are not liable for indirect, consequential, special or economic loss, including loss of profits, goodwill or business interruption, except where liability cannot be excluded under the ACL.

15. Indemnity

15.1 You agree to indemnify and hold us harmless from any claim, loss, damage, liability or expense arising from your breach of these Terms or misuse of the Website.

16. Termination

16.1 You may stop using the Website at any time and close your account.
16.2 We may suspend or terminate your access immediately if you breach these Terms or if we cease providing the Website or services.
16.3 Clauses which by their nature should survive termination (including liability, indemnity and governing law) continue to apply.

17. Dispute Resolution

17.1 If a dispute arises, you must first notify us in writing with details of the dispute and the proposed resolution.
17.2 The parties must attempt in good faith to resolve the dispute within 30 days by negotiation or mediation.
17.3 If unresolved, either party may commence proceedings in accordance with clause 18.

18. Governing Law and Jurisdiction

18.1 These Terms are governed by the laws of Western Australia, Australia.
18.2 You submit to the exclusive jurisdiction of the courts of Western Australia.

19. Severability

19.1 If any provision of these Terms is invalid or unenforceable, it will be severed and the remaining provisions will remain in full force and effect.

20. Contact Details

Flame Wave Pty Ltd T/A Sunnies.com.au
Email: [email protected]
Address: 4/27 Carrington Street, Nedlands WA 6009, Australia

Mobile Messaging Terms of Service (SMS)

Last updated: 23 January 2026

These Mobile Messaging Terms apply to the Sunnies.com.au SMS and text messaging service (the Service).

1. Program Description

By subscribing to the Service, you agree to receive recurring SMS/text messages from Sunnies.com.au, including order updates, account notifications and promotional messages.

2. Consent and Voluntary Participation

Subscription is voluntary and not a condition of purchase. By providing your mobile number and opting in, you consent to receive messages sent using automated technology.

3. Charges

We do not charge for messages, but message and data rates may apply. You are responsible for all charges imposed by your wireless carrier.

4. Frequency

Message frequency varies depending on your interactions with us and promotional activity.

5. Opt‑Out and Help

You may opt out at any time by replying STOP to any message. You will receive a confirmation message and no further messages will be sent unless you re‑subscribe.
For help, reply HELP or email [email protected].

6. Carriers and Delivery

Wireless carriers are not liable for delayed or undelivered messages. We are not responsible for failed, delayed or misdirected messages.

7. Number Changes

You must notify us and re‑subscribe if you change your mobile number.

8. Privacy

Your personal information is handled in accordance with our Privacy Policy.

If you have any questions about these Terms, please contact us using the details above.