1Company identification

In compliance with applicable regulations on information society services, electronic commerce and distance contracts, it is hereby stated that the owner of the website www.sunmarket.es is SUNMARKET WELLNESS, S.L.U., Tax ID (CIF) B-97238372, registered at the Commercial Registry of Valencia, Volume 7247, Book 4549, Page 93, Entry V-84892, with registered office at Avda. Maestro Rodrigo 99, 46015 Valencia (Spain). Hereinafter referred to as “Sunmarket”.

Sunmarket Wellness is a company with over 20 years of activity in the European Economic Area, specialising in the distribution of professional equipment for aesthetics, tanning, wellness and medical-aesthetics for professional centres. A physical showroom is available in Valencia. Orders may be placed through the following channels:

Telephone customer service

• Direct telephone contact with the Sunmarket sales team.
• Personalised advice with full product catalogue knowledge for technical and commercial enquiries.
• Financing management by phone, subject to the conditions of the financing institution.
• Data provided will be processed in accordance with Sunmarket’s Privacy Policy and applicable regulations.

WhatsApp support

• Multilingual support for customers in the European Economic Area.
• Direct contact with the Sunmarket sales team.

Online sales — www.sunmarket.es

• Intuitive navigation with detailed product information: name, category, features and technical specifications.
• Secure purchase process with encrypted payment systems to protect personal and banking data.
• Online financing available, subject to the conditions of the financing institution.

Showroom in Valencia

Sunmarket Wellness has a physical showroom where customers can view and test equipment in person: Avda. Maestro Rodrigo 99 izq., 46015 Valencia. Tel. +34 961 040 660.

Legal documentation and information pages

• Warranty & after-sales service: https://www.sunmarket.es/content/warranty.html
• Privacy policy: https://www.sunmarket.es/content/privacy.html
• Cookie policy: https://www.sunmarket.es/content/cookies.html
• Company information: https://www.sunmarket.es/content/we.html

2Subject matter and scope of application

These General Terms and Conditions govern access to, navigation of and use of the website www.sunmarket.es; the purchase of products marketed by Sunmarket through any of its enabled sales channels; the rights and obligations arising from purchase and sale transactions concluded with Sunmarket; and the conditions applicable to both consumer and professional customers, with the specific rules provided for each case.

Sunmarket markets its products through the following channels, all equally valid for placing orders:

• Website: www.sunmarket.es, through the online purchase process.
• Telephone: by calling the Sunmarket sales team.
• WhatsApp: via the commercial contact number enabled by Sunmarket.
• Email: through written communication with the Sunmarket sales team.

These General Terms and Conditions apply to all orders placed through any of the above channels, regardless of the means used. The Customer accepts these Terms from the moment they confirm an order through any of those channels. Placing an order implies the reading, understanding and express acceptance of these General Terms and Conditions.

3Contractual documents and order of precedence

The contractual relationship between Sunmarket and the Customer is governed by the following documents, listed in order of precedence:

• the product data sheet published on the website at the time of purchase;
• the commercial, technical and functional description of the product;
• manuals, warnings, protocols, instructions for use, technical data sheets and any PDF documents attached to or linked from the product data sheet;
• the specific conditions applicable to the product or the particular transaction;
• the quote, offer, pro-forma invoice or order confirmation, where applicable;
• the current Warranty, Returns and After-Sales Service Policy;
• the current Privacy Policy;
• the current Cookie Policy, within its own scope;
• these General Terms and Conditions of Sale and Use.

Specific conditions contained in the product data sheet, attached PDFs or order-specific documentation take precedence over these General Terms for everything they specifically regulate for the particular product or transaction. Specific conditions include: personalised quotes prepared by the sales team; orders processed directly by a Sunmarket sales representative with agreed specific conditions; product data sheets published on the website; and offers, pro-forma invoices or order confirmations with their own conditions accepted by the Customer. These General Terms apply subsidiarily to everything not covered by the specific conditions.

4Customer status: consumer and professional customer

Sales to professional customers or businesses are B2B transactions. What matters legally is the actual capacity in which the buyer acts at the time of purchase, not a mere formal declaration. When a purchase is made in the course of a business or professional activity, the buyer does not have the status of a consumer under applicable consumer protection law, and accordingly does not have the right to a 14-day withdrawal period, a 3-year statutory warranty or protection against unfair terms.

Sunmarket may apply different logistical conditions, return policies, timelines, commercial warranties and payment methods depending on whether the customer is a consumer or a professional. By accepting these Terms, the Customer declares that they understand and accept this distinction and takes responsibility for the accuracy of their stated status.

5Verification of professional status and buyer eligibility

The mere technical ability to access a product data sheet, add an item to the cart or complete the purchase process does not in itself constitute validation, authorisation or recognition by Sunmarket that the Customer is legally, technically or professionally qualified to acquire, install, apply, use, resell or put into service that product.

It is the Customer’s exclusive responsibility to verify, before purchase and before use, that they:

• meet the legal and administrative requirements to acquire and use the product;
• have the appropriate training, experience, staff, facilities, insurance, licences and authorisations;
• the product is suitable for the intended use;
• their activity complies with the applicable sector regulations in their territory and in the territory of use or destination.

The fact that Sunmarket has not requested documentation does not exempt the Customer from their verification obligation, which rests at all times with the Customer themselves. Sunmarket may suspend, restrict, reject or cancel orders where there are reasonable grounds to believe the buyer does not meet the required professional status, has provided false information, or a legal, technical or security risk exists.

6Nature of the products marketed

Sunmarket markets products, equipment, consumables, accessories, spare parts, furniture, cosmetics, active ingredients and devices in the fields of aesthetics, tanning, wellness and professional equipment. Unless expressly stated otherwise on the product data sheet, products are intended for professional use.

• Sales are generally aimed at professionals and businesses.
• Purchase by private individuals does not imply that the use of the product by a private individual is appropriate, safe, authorised or consistent with its intended purpose.
• The Customer is responsible for verifying whether the product is for domestic or professional use before purchasing and using it.

The products marketed by Sunmarket are, unless expressly indicated otherwise on the product data sheet or manufacturer documentation, aesthetic, cosmetic, technical or wellness products and are not medical devices, medicinal products or products marketed for medical or healthcare purposes. Information on the website, product data sheets, protocols, manuals, audiovisual content, commercial communications or technical documentation does not constitute medical advice, medical prescription, clinical intervention or qualifying training.

6aMedical-aesthetic devices subject to specific regulations: intermediary role

Certain devices in the Sunmarket catalogue — such as medical lasers, phototherapy equipment, medical radiofrequency devices, lipolysis equipment, medical ultrasound devices or other apparatus subject to Regulation (EU) 2017/745 on medical devices or any other applicable specific regulation — are classified as medical devices or medical-aesthetic devices with specific regulatory requirements.

For such devices, and only when expressly stated in the product data sheet and in the contractual order documentation, Sunmarket may act as distributor or commercial intermediary between the manufacturer or authorised distributor and the end buyer. In such cases, regulatory responsibility, conformity, CE marking, technical documentation and post-market surveillance rest with the manufacturer or authorised distributor. Absent express indication to the contrary in the order documentation, Sunmarket acts as an ordinary seller.

The buyer acknowledges and agrees that when purchasing this type of device, it is exclusively their responsibility to verify that the device has the required authorisations, CE marking and regulatory documentation; that they must hold the required professional qualification, health licence, academic credentials and facilities; and that they must verify the current regulatory status at the time of purchase, as medical device regulations are subject to continuous change.

7Active ingredients, protocols and prohibition on injection

Active ingredients, vials, ampoules, serums, solutions, cosmetic preparations and other application products marketed by Sunmarket must be used strictly in accordance with the product data sheet, manufacturer’s instructions, attached PDF protocols, published warnings and applicable sector regulations.

8Professional use, non-compliant use and malpractice

The following shall constitute improper, unauthorised or non-compliant use of the product, among other cases:

• use by private individuals of equipment, cosmetics, active ingredients or devices intended for professional use;
• use by personnel without sufficient training or appropriate qualification;
• medical, healthcare, invasive or clinical use of aesthetic or cosmetic products;
• injection of active ingredients or their use by non-authorised routes;
• failure to comply with the technical data sheet, manual, protocol, warnings or accompanying documentation;
• unauthorised installation, handling, repair, opening, alteration or modification;
• use under inadequate electrical, hygiene, environmental or safety conditions;
• commercial use of domestic products or domestic use of exclusively professional products.

Use outside the established protocols or by prohibited routes constitutes non-compliant use. In such cases, liability for any resulting damage rests with the Customer, as set out in clause 33a of this document.

9Product information

Sunmarket endeavours to ensure that product data sheets, images, photographs, videos, manuals, protocols, descriptions, compatibility information and technical specifications are accurate and up to date. However: images may be illustrative; there may be minor variations in colour, packaging, aesthetics or accessories; certain manufacturers may introduce technical or design changes without prior notice; and the Customer must always verify the current technical information on the product data sheet and documentation before use or installation.

Sunmarket does not guarantee that all products are suitable for any specific purpose intended by the Customer, unless such suitability has been expressly confirmed in writing by Sunmarket.

10Express acceptance of the Terms and contract formation

The Customer must read and expressly accept these General Terms and Conditions before completing the purchase. During the online order process, Sunmarket will require the Customer to tick a checkbox or use an equivalent mechanism confirming that they have read and accepted these Terms.

Where the transaction is conducted electronically and payment is required, the checkout process must clearly and unambiguously indicate that placing the order gives rise to a payment obligation. In sales to consumers, the final button must use wording equivalent to “order with obligation to pay” or similar.

Sunmarket will retain electronic evidence of acceptance of the Terms and will send the Customer an order confirmation by email. The contract is formed when Sunmarket correctly receives the order and confirms acceptance of the transaction.

11Purchase process

The purchase process will generally proceed through the following steps: product selection; shopping cart; entry or verification of billing and delivery details; choice of shipping method; choice of payment method; review of the order, final price, applicable taxes and charges; acceptance of the Terms; order confirmation with payment obligation; and receipt of a confirmation email.

It is the Customer’s responsibility to carefully review all order details before completing the purchase, especially the selected product, its reference, quantity, price, destination and shipping method.

12Contract language

The contract is concluded in Spanish. Any translations available on the website are for informational purposes only. In the event of any discrepancy, the Spanish version shall always prevail.

13User registration, account and accuracy of data

The Customer may purchase as a guest or by registering an account. The Customer warrants that all data provided is true, complete, accurate and up to date and will be responsible for any harm caused by false, incorrect, incomplete or outdated information. The Customer shall safeguard their access credentials diligently and will be responsible for any use made with those credentials, unless a security breach attributable to Sunmarket has occurred. Sunmarket may suspend or cancel accounts where it detects fraud, misuse, impersonation or breach of these Terms.

14Prices, currency, taxes and intra-EU VAT

All prices are quoted in euros (€). Prices shown on the website generally include the VAT rate applicable in Spain, currently 21%, unless a different rate applies to a specific product by law. Where the delivery destination is in another EU Member State, the final price may be recalculated by applying the VAT rate of the destination country where required under the applicable rules on intra-EU distance sales. Sunmarket states that it is registered for the EU One-Stop Shop (OSS) scheme and will, where applicable, declare and remit the relevant VAT to the Member State of consumption through that scheme.

Shipping, insurance, installation, customs, surcharges, financing and any other additional charges will be shown separately before the purchase is finalised. Sunmarket reserves the right to change prices at any time; orders will be invoiced at the price shown to the Customer at the time of order confirmation.

15Price or information errors

If there is a manifest typographical, technical, configuration, availability, compatibility or pricing error, Sunmarket may: correct the error before dispatch; contact the Customer to offer order confirmation with the correct details; or cancel all or part of the order and refund amounts paid. There is no obligation to supply the product where the error is obvious, manifest or recognisable to a diligent buyer.

16Availability and made-to-order products

All orders are subject to actual stock availability. If a product is unavailable after an order is placed, Sunmarket may: propose a new delivery date; offer an equivalent alternative product; or cancel the order and refund the amounts paid for the unavailable product.

Products that are manufactured, imported, configured or reserved specifically for the Customer are considered special or made-to-order products. In these cases, specific conditions regarding payment, cancellation, returns, warranty and delivery timelines may apply.

17Payment methods

Sunmarket accepts the payment methods enabled on the website at any given time, such as: bank card; bank transfer; electronic payment platforms; financing or deferred payment, if available; and other methods expressly indicated on the website. In the case of bank transfer, the order may remain pending until funds are actually received. Sunmarket may implement anti-fraud and identity verification measures. For professional transactions, specific payment conditions, deposits, advances, financing, commercial credit or deferred payment may be agreed.

18Invoicing

Sunmarket will issue the corresponding invoice in accordance with applicable tax regulations. Invoices may be issued electronically. Where required by law, the consumer is entitled to receive a paper invoice.

19Warranty, returns and after-sales service policy as an essential part of the contract

Sunmarket’s published Warranty, Returns and After-Sales Service Policy forms an essential part of the contractual framework applicable to each order. Unless the product data sheet or current policy states otherwise:

• domestic non-consumable products sold to consumers will be covered by the applicable statutory warranty;
• products for professional use may be subject to specific commercial warranties distinct from the consumer regime;
• professional tanning beds may be subject to differentiated warranty conditions;
• certain brands or product lines may benefit from extended warranties or specific replacement or assistance services.

The policy currently published by Sunmarket distinguishes, among other situations: 3 years for domestic non-consumable products, 1 year in general for professional use, and 2 years for professional tanning equipment.

20Shipping and delivery

Sunmarket ships to the territories enabled in the purchase process. Delivery timelines indicated on the website, in product data sheets, quotes or commercial communications are indicative only and do not constitute a contractual commitment to deliver on a specific date, unless an essential deadline has been expressly agreed in writing. These timelines are calculated under normal operating conditions and may be affected by circumstances beyond Sunmarket’s control. In sales to consumers, unless otherwise agreed, Sunmarket will deliver the goods without undue delay and, in any case, within a maximum period of 30 calendar days from conclusion of the contract. In professional transactions, delivery timelines are estimates unless an essential deadline has been expressly accepted in writing.

Sunmarket shall not be liable for delays attributable to force majeure, carrier incidents, manufacturer issues, customs delays, logistics disruptions, unforeseen stock shortages, strikes, cyber incidents, third-party errors or circumstances beyond its reasonable control. In particular, once an order has been handed to the carrier, transit times depend on the carrier and the logistical conditions of the destination. In the event of a significant delay, Sunmarket will inform the Customer as soon as it becomes aware and will collaborate in resolving the issue to the extent possible.

21Risk and transfer

In contracts with consumers, the risk of loss or damage to goods transfers when the consumer, or a third party designated by them other than the carrier, takes physical possession of the goods. If the consumer arranges transport with a carrier other than that proposed by Sunmarket, the risk transfers when the goods are handed to that carrier.

In professional transactions, unless otherwise agreed in writing, risk transfers at the moment of handover to the carrier, placement at the disposal of the warehouse, or departure from Sunmarket’s premises or those of its logistics provider.

22Inspection on receipt and transport incidents

The Customer must inspect the goods upon receipt and verify, to the extent reasonably possible: number of packages; conformity with the order; external condition of the packaging; and any impacts, breaks, openings, moisture damage or signs of tampering. In the event of visible damage, the Customer must note it on the carrier’s delivery note, refuse delivery if appropriate, take photographs and notify Sunmarket without delay. Visible incidents should preferably be reported within 24 hours; non-visible incidents within 48 hours of receipt. These early notifications are intended to facilitate claims with carriers and insurers and will not limit any non-waivable rights consumers may have under applicable law in the event of lack of conformity.

23Retention of title

Until full payment of the price, taxes, freight, services and all other amounts due, Sunmarket retains title to the products supplied. While retention of title remains in place, professional customers may not freely dispose of the goods to the detriment of Sunmarket, pledge, encumber or assign them, except in the ordinary course of their business and provided there is no payment default.

24Order cancellation before dispatch

The Customer may request cancellation of the order before dispatch. Sunmarket may accept such cancellation at no charge if the order has not yet entered preparation, specific procurement, customisation, importation or dispatch. For special, configured, personalised, manufactured or specifically requested products, Sunmarket may decline the cancellation or retain costs actually incurred.

25Right of withdrawal for consumers

Where the Customer holds legal consumer status and the order was placed from within the EEA, they will have the right of withdrawal. As a general rule, the consumer may withdraw from the contract within 14 calendar days from receipt of the goods, without giving any reason. To exercise the right of withdrawal, the consumer must notify Sunmarket by means of an unequivocal statement sent by email, post or any other durable medium. The model withdrawal form in Annex I may be used, although it is not mandatory.

The consumer must return the product without undue delay and no later than 14 calendar days from notifying Sunmarket of their withdrawal. Sunmarket will refund all amounts paid for the product, including delivery charges corresponding to the cheapest standard delivery option available at the time of the order, within the statutory deadline. Where the Customer chose a more expensive delivery option, the additional cost above standard shipping will not be refunded. The direct costs of returning the goods shall be borne by the consumer, unless Sunmarket has expressly agreed to cover them.

26Exceptions to the right of withdrawal and no-return policy for hygiene and safety reasons

26.1 Statutory exceptions to the right of withdrawal (consumers only)

In accordance with applicable consumer protection regulations, the right of withdrawal shall not apply to: goods made to the consumer’s specifications or clearly personalised; sealed goods that are not suitable for return due to health or hygiene reasons and that have been unsealed after delivery; goods that, after delivery, have been inseparably mixed with other goods; digital content not supplied on a tangible medium where execution has begun with the required consent; fully performed services; and cosmetics, vials, ampoules, active ingredients, consumables or similar products whose nature, hygiene or traceability makes their resale or return with safety guarantees impossible.

26.2 Commercial no-return policy for intradermal or transdermal application products (consumers and professionals)

Regardless of the buyer’s status, returns at the buyer’s request will not be accepted for products intended or capable of being used for dermapen, mesotherapy, electrotherapy, iontophoresis, microneedling or other transdermal or intradermal application techniques. The reason is the biological risk inherent to their nature: cross-contamination, loss of sterility and pathogen transmission risk make it impossible to guarantee safety once the product has left Sunmarket’s control. This is a Sunmarket commercial policy applicable to all purchases regardless of channel.

26.3 Rights for lack of conformity, defect or supply error (all buyers)

The exclusions in sections 26.1 and 26.2 relate exclusively to returns at the buyer’s unilateral decision. None of them affects the rights available to any buyer where there is a lack of conformity of the goods with the contract, a product defect attributable to Sunmarket or the manufacturer, a supply error, or a transport incident attributable to the seller. In all those cases the warranty clauses apply.

27Returns by professional customers

Professional customers do not have a statutory 14-day right of withdrawal, unless otherwise agreed in writing. Any commercial return by a professional customer requires prior written authorisation from Sunmarket and is subject to the product: not having been used; not having been opened if opening prevents resale; being returned complete with original packaging and in saleable condition; not being a special, personalised, made-to-order or non-returnable product; and not being an active ingredient, vial, ampoule, serum, solution or other intradermal or transdermal application product (see clause 26.2). Sunmarket may charge the professional customer for collection, shipping, handling, inspection, reconditioning, depreciation or repackaging costs.

28Statutory conformity warranty for consumers

In sales to consumers, Sunmarket is liable for lack of conformity of goods in accordance with applicable statutory provisions. In general, the seller will be liable for lack of conformity that becomes apparent within three years of delivery. Where there is a lack of conformity, the consumer may demand that the goods be brought into conformity by repair or replacement and, where legally applicable, a price reduction or termination of the contract. Excluded from the statutory warranty, to the extent permitted by law, is damage resulting from: misuse; failure to comply with manuals and protocols; incorrect installation; unauthorised handling or repair; normal wear; impacts, accidents, overloads, power surges, negligence or lack of maintenance.

29Commercial warranty and after-sales service for professional products

For professional products, the applicable warranty will be that set out in the product data sheet, the Warranty and After-Sales Service Policy, the relevant brand, or the specific conditions accepted by the Customer. Unless expressly stated otherwise:

• the warranty for professional products will be of a commercial and contractual nature;
• the consumer protection regime will not apply where the purchase is a professional one;
• coverage may be conditional on correct installation, use by qualified personnel, maintenance, original spare parts, inspections and use in accordance with the protocol;
• the warranty will not cover wear, consumables, accidental breakage, malpractice, unauthorised handling or use other than intended.

30Technical service, installation and maintenance

Unless expressly stated otherwise, the purchase of the product does not include: installation; commissioning; premises adaptation or electrical installation; licences or permits; regulated technical training; periodic maintenance; removal of old equipment; technician call-outs; or preventive inspections.

Where the safety or warranty of the equipment requires installation or intervention by an authorised technician, the Customer must comply with that requirement. Installation or handling by unauthorised third parties may affect warranty coverage and Sunmarket’s liability to the extent permitted by law.

31Deposits, advance payments and special products

For certain equipment, cabins, devices, special spare parts, imports, custom configurations or made-to-order products, Sunmarket may require a deposit or advance payment. The amount and terms of such advance will be communicated before the contract is concluded. Where the product has been specifically requested for the Customer, manufactured to their specifications or expressly reserved for them, the advance may be non-refundable to the extent that it covers costs actually incurred by Sunmarket and this is consistent with applicable law.

32Customer obligations

The Customer undertakes to: provide true and up-to-date information; carefully review the product data sheet and its documentation; use the product in accordance with its intended purpose; comply with manuals, protocols, PDFs, warnings and safety measures; refrain from medical, healthcare, invasive or unauthorised uses; not inject active ingredients or use them by prohibited routes; not remove or alter labels, batch numbers, warnings or traceability information; not resell the product in a misleading manner or in breach of applicable sector regulations; and comply with all professional, tax, health, commercial, technical or safety regulations applicable to them.

33Reviews, public communications and reputation protection

Sunmarket respects the freedom of opinion, criticism, complaints and ratings of customers and users, provided that such statements are honest, truthful, accurate, relevant and not misleading. The following are prohibited: posting or commissioning fake reviews; simulating the status of a genuine buyer when the product has not been purchased or used; spreading objectively false or inaccurate statements about Sunmarket with the purpose of damaging its commercial reputation; and organising or participating in coordinated campaigns of fake reviews, fabricated testimonials or discrediting actions.

Sunmarket may request removal, correction or clarification of content, notify the relevant platform, suspend accounts, restrict commercial relations and take appropriate legal action, including injunctions, removal, rectification and damages claims. This clause does not limit the Customer’s right to make genuine complaints, authentic grievances, truthful reports or legitimate communications to platforms, authorities or courts.

33aActing beyond the scope of authorisation

Where damage, loss or a claim arises exclusively because the Customer acted outside the scope of their competences, authorisations, qualifications or training — and not from a product defect or a breach attributable to Sunmarket — liability for that damage rests with the Customer. In particular, this situation arises when:

• a private individual purchases or uses a product catalogued for professional use without the appropriate training, qualification or facilities;
• a professional customer applies treatments, operates equipment or uses active ingredients for which they do not hold the required professional title, licence, registration or authorisation under the regulations of their sector or territory;
• the Customer uses the product beyond the manufacturer’s instructions, the attached protocols or the conditions of use set out in the product data sheet;
• the Customer provides the product or its results to third parties in conditions that exceed their authorisation or breach applicable regulations;
• the Customer ignores or disregards the warnings, restrictions or contraindications stated in the product documentation.

In all these cases, and provided the damage is not attributable to a product defect, a contractual breach by Sunmarket or any other situation of liability legally attributable to the seller, liability rests with the Customer. Nothing herein limits non-waivable consumer rights or Sunmarket’s liability for defective products under applicable law.

34Limitation of liability

Sunmarket shall be liable to the Customer as provided by applicable law. To the maximum extent permitted by law, Sunmarket shall not be liable for: indirect damages, loss of profits, loss of business, loss of opportunity or reputational damage suffered by professional customers; consequences of misuse of the product; malpractice by the user or third parties; application of products outside protocols or by prohibited routes; use by private individuals of products intended for professional use; incorrect installation or handling by third parties; the Customer’s failure to comply with applicable regulations; or force majeure or circumstances beyond its reasonable control.

Nothing herein shall limit the non-waivable rights of consumers or Sunmarket’s liability for fraud, gross negligence, defective products under applicable law or any other situation in which limitation is not valid.

35Intellectual and industrial property

All content on the website, including texts, images, designs, databases, logos, trademarks, trade names, software, catalogues, product data sheets, protocols and Sunmarket’s own documentation, is protected by intellectual and industrial property rights. Reproduction, distribution, public communication, transformation or exploitation without the prior written authorisation of Sunmarket or the relevant rights holder is prohibited.

36Personal data protection

Purchasing and using the website entails the processing of personal data in accordance with Sunmarket’s Privacy Policy, which forms part of the applicable informational and contractual framework within its own scope. Personal data will be processed to manage orders, payments, invoicing, deliveries, customer service, warranties, returns, legal obligations and, where there is a sufficient legal basis, commercial communications or other purposes described in the Privacy Policy. Sunmarket publishes a specific Privacy Policy in its legal section and declares that it is kept in line with the GDPR, the Spanish Data Protection Act (LOPDGDD) and applicable e-commerce legislation.

37Cookie policy

Sunmarket’s Cookie Policy forms part of the legal framework of the website within its own scope. Acceptance of these General Terms does not replace or invalidate the specific consent required for non-necessary cookies. Consent, rejection or configuration of non-exempt cookies is managed through the panel or banner on the website. Non-necessary cookies require the user’s express and informed consent. Sunmarket endeavours to ensure that the cookie banner on its website complies with the applicable regulatory guidelines, including that the option to reject cookies is as prominent and accessible as the option to accept them.

38Customer service and complaints

For any enquiry, incident, warranty claim, return or complaint, the Customer may contact:

Sunmarket will handle complaints within a reasonable period and will seek to resolve them amicably. If an amicable resolution is not possible, consumers may contact the relevant consumer protection body, arbitration board or consumer authority in their country of residence.

39Governing law and jurisdiction

These Terms and Conditions are governed by Spanish law. Where the Customer is a consumer, jurisdiction will be determined in accordance with applicable mandatory law. Where the Customer acts as a business or professional, both parties expressly submit, waiving any other jurisdiction that may apply to them, to the Courts and Tribunals of Valencia (Spain), unless mandatory law provides otherwise.

40Partial invalidity

If any clause of these Terms is declared null, invalid or unenforceable, in whole or in part, such invalidity shall not affect the remainder of the document, which shall remain in full force and effect to the extent not affected.

41Amendments

Sunmarket may amend these General Terms at any time. New versions will be published on the website and will apply to orders placed after they come into force, unless mandatory law provides otherwise.

42Minors

The purchase of products through any of Sunmarket’s channels is reserved exclusively for persons aged 18 or over. By placing an order, the Customer declares and warrants that they are of legal age. Sunmarket accepts no liability for purchases made by minors without the consent of their parents or legal guardians, who are responsible for the use made by minors in their care. Sunmarket reserves the right to cancel orders where there are reasonable grounds to believe they were placed by a minor.

43Specific warnings for UV tanning equipment

UV tanning equipment marketed by Sunmarket is subject to applicable sector regulations in the destination country. The Customer expressly acknowledges:

• Use of these devices by persons under 18 is prohibited.
• Prolonged or excessive UV exposure can cause damage to skin and eyes, including burns, premature ageing and increased skin cancer risk.
• The use of approved protective eyewear is mandatory during every session.
• The commercial operation of these devices in tanning centres is subject to the legal, administrative and safety requirements established by applicable regulations in each territory, including mandatory staff training and obtaining the relevant authorisations.
• Sunmarket accepts no liability arising from the buyer’s or operator’s failure to comply with the legal, administrative or safety obligations applicable in their territory.

43aBuyer’s responsibility for territorial regulatory compliance

In addition to clause 5, compliance with all regulations applicable in the territory in which the Customer acquires, installs, operates or markets Sunmarket products is exclusively the Customer’s responsibility, including health, safety, sector, tax and environmental regulations.

Sunmarket may provide general guidance on applicable regulations, particularly in the EEA markets in which it ordinarily operates. However, given the diversity and complexity of regulatory frameworks across different Member States, regions and third countries, Sunmarket cannot guarantee complete and up-to-date knowledge of all local, regional or sector-specific regulations in each territory. Accordingly: any regulatory guidance provided by Sunmarket is purely informational and does not constitute binding legal advice; the Customer is responsible for verifying applicable regulations in their territory with their own legal advisers before purchasing, installing or putting any equipment into operation; and Sunmarket accepts no liability for fines or legal consequences arising from the Customer’s failure to comply with regulations applicable in their territory.

43bHigh-power UV tubes: partial reinforcement use only and statutory irradiance limit

Sunmarket markets high-power UV tubes intended exclusively for the partial reinforcement of existing tanning installations. These tubes are designed to selectively replace certain positions in the device in order to optimise overall performance, and must never be installed in all positions of a unit, as doing so may exceed the irradiance limits established by European regulations.

Customers purchasing high-power UV tubes declare that they are aware of and accept these limitations, and assume exclusive responsibility for installing them in accordance with the equipment manufacturer’s technical instructions and in full compliance with the statutory irradiance limit applicable in their territory.

44Commercial communications and right to unsubscribe

Sunmarket may send commercial communications, catalogue updates, offers and promotions to the Customer where there is a sufficient legal basis under the GDPR and applicable e-commerce legislation, either because the Customer has given their express consent, or within the framework of the existing contractual relationship and for similar products or services. The Customer has the right to object at any time to the receipt of commercial communications, free of charge and with immediate effect, using the unsubscribe link in each communication or by contacting info@sunmarket.es.

45Confidentiality of quotes and negotiated commercial terms

Quotes, offers, pro-forma invoices, special rates, discounts, financing terms and any other personalised commercial conditions communicated by Sunmarket to the Customer, whether in writing, by email, WhatsApp or any other means, are strictly confidential. The Customer undertakes not to disclose, share, publish or transmit such conditions to third parties, including direct or indirect competitors of Sunmarket, without Sunmarket’s prior express written authorisation. Breach of this obligation may result in cancellation of access to preferential terms, termination of the commercial relationship and, where applicable, a claim for proven damages.

46Force majeure

Sunmarket shall not be liable for total or partial non-performance of its obligations where this results from a force majeure event, meaning any unforeseeable, irresistible circumstance beyond its reasonable control, including without limitation: natural disasters, pandemics, armed conflicts, terrorist acts, strikes or labour disputes affecting Sunmarket or its logistics providers, governmental or regulatory decisions preventing supply, widespread telecommunications or power outages, cyber attacks or third-party computer security incidents, and delays or disruptions in the international supply chain.

Sunmarket will notify the Customer of the force majeure situation as soon as possible, indicating the nature and estimated duration of the event. Affected obligations will be suspended for the duration of the event. If the event continues for more than 30 calendar days, either party may terminate the contract, with the Customer entitled to a refund of amounts paid for goods not delivered, without either party being able to claim additional compensation on account of the force majeure event.

47Preventive maintenance and product upkeep as a warranty condition

For equipment that requires periodic maintenance according to its technical manuals or product data sheets, the Customer — particularly when acting as a professional — undertakes to carry out such maintenance within the timescales and under the conditions indicated by the manufacturer. Failure to fulfil preventive maintenance obligations may affect commercial warranty coverage to the extent permitted by law, without prejudice to the consumer’s non-waivable statutory warranty rights.

For warranty purposes, a unit will be considered not properly maintained where there is a lack of cleaning, consumables replaced outside the recommended schedule, use of non-original spare parts or any other circumstance that contributed to the failure of the equipment and that could have been avoided through proper maintenance in accordance with the manufacturer’s instructions.

48Integrity and acceptance of the contract

Ticking the acceptance checkbox and completing the purchase process imply full and unconditional acceptance of:

• these General Terms and Conditions;
• the product data sheet;
• the technical documentation, manuals and attached PDFs;
• the applicable specific conditions;
• the Warranty, Returns and After-Sales Service Policy;
• the Privacy Policy, within its own scope;
• the Cookie Policy, within its own scope and as managed through the applicable consent panel.