As of August 1, 2021.
Age Restriction: The Service is only intended for use and enjoyment by persons who are 18 years of age or older and legally resident in the EU. By registering on the Service or downloading the App, you confirm that you are at least 18 years old and legally resident in the EU. Persons under the age of 18 are prohibited from using the Service in any way.
ASSUME OF RISK: YOU ASSUME ALL RISK AND LIABILITY FOR THE USE OF THE PRODUCTS, EITHER IN HEALTH AND SAFETY OR GENERAL EFFECTIVENESS. You are solely responsible for your interactions with other Users. Sunny Barrels reserves the right, but has no obligation, to monitor disputes between you and other Users.
Service Rules: You agree not to engage in any of the following prohibited activities: (a) copying, distributing or disclosing any portion of the Service in any medium, including, without limitation, by any automated or non-automated "scraping"; (b) using any automated system, including but not limited to "robots", "spiders", "offline readers", etc., to access the Service in a manner more request messages to our servers than a human can reasonably produce in the same period of time using a conventional online web browser (except that we grant revocable permission to public search engine operators to use spiders to copy publicly available materials from the Service for the sole purpose and only to the extent necessary to create publicly available searchable indexes of the materials, but not caches or archives of such materials); (c) sending spam, chain letters or other unsolicited email; (d) attempt to interfere with, compromise system integrity or security, or interfere with any transmissions to or from the servers running the Service;
Sunny Barrels B.V.
3024 EG Rotterdam
Authorized User Account: By using the Service, you represent and warrant that you are authorized to use the Service under the registered User Account. You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality and privacy of your user account information. You agree that we are not liable for any damage or loss caused by the use of your User Account by a third party without your consent. However, you agree to be solely responsible and liable for all activities that occur under your user account. If you become aware of any unauthorized use of your user account information, you agree to notify us immediately at hi@Sunny barrels.com. Requests for termination of the User Account may also be submitted in writing to:
Sunny Barrels B.V.
Sint Jobstraat 41
3024 EC Rotterdam
Notifications: By providing your contact information, you acknowledge that you may receive push notifications on your mobile device (“Push Notifications”), as well as via email or other types of messages. You acknowledge that when you use the Service, your wireless service provider may charge you for data, text messages, and/or other wireless or internet access, including in connection with all notifications and messages. You have control over app push notification settings and can enable or disable them on your mobile device's operating system (with the possible exception of rare, important service announcements and administrative messages).
The parties acknowledge and agree that Sunny Barrels will act as a "Service Provider" as this term is defined in the GDPR (General Data Protection Regulation) et seq. and Implementing Regulations (the "GDPR"), and will collect, access, maintain, use, process and transfer "personal information" as that term is defined by the GDPR ("GDPR") solely for the purpose of operating Sunny Barrels' obligations under this Agreement to or on your behalf and for no commercial purpose other than the fulfillment of such obligations. Sunny Barrels will remove and permanently destroy AVG personal data upon written request from you. Notwithstanding the foregoing, nothing in this Agreement shall limit Sunny Barrel's ability to disclose AVG Personal Information (a) to a subcontractor for a business purpose pursuant to a written agreement to protect AVG Personal Information in the same manner as provided herein , (b) to a third party as necessary to comply with applicable law, or (c) as otherwise permitted by the GDPR.
Purchase: You may initiate a product order by submitting an order ("Order") to us through the App or other electronic means designated by us, specifying the following, if applicable:
Gift Cards: You may purchase Sunny Barrels Gift Cards through the Service (“Sunny Barrels Gift Cards”). Sunny Barrels Gift Cards can only be redeemed through our Service for our products or services. You can purchase Sunny Barrels gift cards for variable amounts that will be made available on the site or in the app. You may not purchase Sunny Barrels Gift Cards for amounts greater than EURO 5,000.00 in a single day. The amount of the Sunny Barrels Gift Card you purchase will be charged to you according to your selected Payment Method. Sunny Barrels Gift Cards can only be purchased and redeemed by individuals residing in the Netherlands, where Sunny Barrels is available. You do not need a user account to purchase Sunny Barrels Gift Cards, but a user account is required to use a Sunny Barrels Gift Card balance. The method of redeeming Sunny Barrels Gift Cards is subject to change at our sole discretion. If an order exceeds the amount of the Sunny Barrels Gift Card, the balance must be paid with a Payment Method. Sunny Barrels Gift Cards cannot be exchanged for other gift cards or cash unless required by law. Sunny Barrels Gift Cards are non-transferable once redeemed. For balance information or to replace the remaining value on a damaged card, please contact hi@Sunny barrels.com or 06 51 748 252. The Sunny Barrels Gift Card balance provided to you is an estimate only . Sunny Barrels Gift Cards require no maintenance, activation or other fees and the underlying funds do not expire. Risk of loss and title to Sunny Barrels Gift Cards passes to the purchaser upon electronic shipment to the purchaser or designated recipient, or our delivery to the carrier, as applicable. Sunny Barrels is not responsible for lost or stolen Sunny Barrels Gift Cards, or for use without your or the recipient's permission. Sunny Barrels reserves the right to close accounts or request alternative payment methods if a Sunny Barrels Gift Card is obtained or used fraudulently.
Promotions and Advertising: The Service contains data, information and other content that is not owned by you, such as promotional offers or credits to purchase products and services from us (“Sunny Barrels Property”). You understand and agree that Sunny Barrels Property, regardless of terminology used, represents a limited license right governed solely by the terms of this Agreement and available for distribution at its sole discretion. Sunny Barrels Property cannot be exchanged at any time for any sum of money or monetary value of Sunny Barrels, is non-transferable and may only be used in connection with the Service. You acknowledge that you do not own the User Account you use to access the Service, nor do you have access rights or rights to data stored by or on behalf of Sunny Barrels on Sunny Barrels' servers, including but not limited to to data containing one or more of your Sunny Barrels properties. You agree that Sunny Barrels has the absolute right to manage, regulate, control, change and/or eliminate Sunny Barrels Properties in its sole discretion, in any general or specific case, and that Sunny Barrels shall not be liable to you based on of the exercise of that right. All data on Sunny Barrels servers can be deleted, changed or transferred. REGARDLESS OF ANY VALUE ADDED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ALL DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT DELETED OR MOVED ON SUNNY BARRELS' SERVERS MAY BE DELETED, CHANGED OR MOVED. ARE EXCLUSIVELY IN SUNNY BARRELS, WITH OR WITHOUT NOTICE AND WITHOUT LIABILITY OF ANY KIND. SUNNY BARRELS DOES NOT PROVIDE OR GUARANTEE ANY VALUE, CASH OR OTHERWISE, WHICH WILL BE ADDED TO DATA RESIDENT ON THE SUNNY BARRELS SERVERS AND EXPRESSLY DISCLAIMS.
Shipping, Delivery, Insurance and Taxes: All product prices exclude, and you are solely responsible for and pay, all shipping charges and taxes, related to or measured by the manufacture, sale, shipment or price of the Applicable Products (including interest and fines thereon); provided, however, that you are not responsible for any taxes levied on or in respect of our earnings. Any shipments or deliveries of products that are refused or cannot be delivered by our third party carriers will be returned to us at your expense.
Packing, labeling and shipping: we will do commercially all the reasonable efforts to properly package, mark and ship or personally deliver products (to the extent expressly agreed in writing by the parties) and, as applicable, provide you with shipping documentation bearing our name, our identification number for the affected products and the number of pieces in shipment. We select the shipping method and carrier for products. We may, at our sole discretion, without liability or penalty, make partial shipments or deliveries of products to you. You represent and warrant that you are 18 years of age or older and agree to provide government-issued identification to verify your age at the time you accept products from us.
Late Delivery: Any specified time for delivery, including an estimated delivery date, is an estimate only; provided, however, that we will use commercially reasonable efforts to deliver all products on or before the stated time, including such estimated delivery date. No delay in the shipment or delivery of any product relieves you of your obligations under this agreement, including accepting delivery of any remaining installment payments or other orders for products.
Transfer of Title and Risk of Loss: Unless expressly agreed otherwise in writing by the parties, all products are shipped, transported and delivered by an independent carrier that is not affiliated with or controlled by us. Title to products and risk of loss shall pass to you when we offer such products to you at a Delivery Location specified in an Order.
Product Acceptance: All orders are final and non-refundable after one (1) day(s) from the date of our confirmation email. Except as provided in this Agreement, you have no right to return products purchased under this Agreement to us. You will be deemed to have accepted products unless you notify us in writing of non-conforming products (i.e. products that do not materially conform to those described in the applicable Order). Such written notice shall specifically identify any defects and non-conformities and shall provide any other written evidence or other documentation as may be reasonably required by us. All defects and non-conformities not so specified shall be deemed to have been eliminated by you, such products shall be deemed to have been accepted by you and any attempted withdrawal of acceptance shall not be effective. Upon receipt of such written notice, we will determine, in our sole discretion, whether the products are non-conforming products. If you notify us of non-conforming products in writing within three (3) days of the date of delivery of the products to the Delivery Site, and we determine that such products are non-conforming products, we will refund to you the amount paid by you. refund to us for such non-conforming products. If you notify us of non-conforming products in writing after three (3) days from the date of delivery of the products to the delivery location, and we determine that such products are non-conforming products, we will refund you fifty percent (50 % ) of the amount paid by you to us for such non-conforming products. THE REMEDIES DESCRIBED IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR THE DELIVERY OF NON-CONFORMING PRODUCTS.
Regulations: Sunny Barrels makes no representations regarding an individual's right to import a product into any state. For each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, but not limited to, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products are only will be used in a lawful manner. In all cases, requests, invitations, offers, advertisements or communications to purchase from Sunny Barrels are void where prohibited by law. You may need to file detailed reports of the products in your basement with the legal authorities of your state of residence using the forms they provide. You agree to be responsible for complying with all such reporting requirements imposed by the alcoholic beverage control authorities in the jurisdiction in which you reside.
Referrals: Sunny Barrels members cannot refer themselves to the Sunny Barrels app. If it is determined that a Sunny Barrels member is trying to refer themselves, Sunny Barrels will not honor the referral to the referrer and the referrer account may be suspended at Sunny Barrels' discretion. This is determined based on information obtained from the referred user account (such as first name, last name, email address, shipping address and payment method).
Subscription Service: The Service may include automatic recurring payments for periodic charges (“Subscription Service”). When you activate a subscription service, you provide us with your payment method and authorize us to periodically, on an ongoing basis, and until cancellation of either the recurring payments or your account ("subscription fees"), all accrued amounts on or before the due date of the payment ( “subscription billing date”) for your next product shipment (“subscription shipment”). The Subscription Fee and any other charges you may incur in connection with your use of the Subscription Service, such as taxes, will be charged to your Payment Method on the Subscription Billing Date specified on the "Subscribe" page of the App. The length of your billing cycle, and therefore your Subscription Billing Date, depends on the subscription frequency you choose when you activate the Subscription Service. In some cases, your subscription billing date may change, such as if your payment method is not charged on the first try. You can view your next two upcoming payment dates on the "Subscribe" page of the app. If payment has not been successfully made due to your payment method expiring, insufficient funds or otherwise, and you do not cancel your user account, we will withhold shipment of products to you until we have successfully charged a valid payment method. You can view, edit and delete your Payment Methods on the "Payments & Credits" page of the App. We reserve the right to change the Subscription Service or adjust its prices in any way and at any time as we determine in our sole discretion upon notice to you.
Pause Subscription (Put on hold): You can put your subscription service on hold for one (1) or more product shipments (each a "Skip"). During a “Skip,” you will have access to all of the special offers we offer users, but you will not receive any product shipments, access subscription benefits such as free shipping, or pay any subscription fees. We will notify you before your subscription service is reactivated before the next scheduled product shipment of your subscription.
Cancellation: The subscription will continue unless and until you cancel it or we terminate it in our sole discretion for any reason, including in the case of an invalid payment method. You must cancel your subscription at least three (3) days prior to your next subscription billing date to avoid being billed to your account for the next recurring subscription fee. You may notify us that you wish to cancel the Subscription Service by contacting us through the App, sending an email to hi@Sunnybarrels.com or calling our telephone customer service as listed on our site. Once you have notified us that you wish to cancel, we will no longer charge you any subscription fees, and your subscription service will cease on the next subscription billing date. After such cancellation, all subscription orders that have already been charged will continue to be shipped to you and subsequent scheduled product shipments will be automatically cancelled.
Overdue Payments (Accounts): We may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which an amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged fees or charges associated with a chargeback or collection of an unpaid amount, including collection costs
THE SERVICE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR OTHER PURPOSE NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, BY YOU OBTAINED FROM SUNNY BARRELS OR THROUGH THE SERVICE WILL MAKE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SUNNY BARRELS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE.
AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURELY; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR SERVICE.
FURTHER, SUNNY BARRELS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH ANY THIRD PARTY. CHECK IN ANY WAY EVERY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. All price, delivery or contract information is subject to final confirmation by Sunny Barrels. Your reliance on any such information provided solely through the Service is at your own risk.
You agree that: (a) the Service is deemed to be located solely in the Netherlands; and (b) the Service is considered a passive service and does not give rise to any personal jurisdiction over us, specifically or generally, in any jurisdiction other than the Netherlands. This Agreement is governed by the domestic substantive laws of the Netherlands, without regard to its principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the courts, located in the Netherlands, for all actions for which we reserve the right to seek an injunction or other equitable relief from any court of competent jurisdiction for actual or threatened infringement, misappropriation or infringement of our copyrights, trademarks, trade secrets, patents or other intellectual property or proprietary rights, as set forth in the arbitration provision below, including any injunctive relief necessary to prevent irreparable damage. You agree that Dutch law is the proper forum for appeals against an arbitration award or for legal proceedings in the event that the arbitration provision below is found to be unenforceable.
User Content: Some areas of the Service allow users to submit, post, display, provide, or otherwise make available content such as profile information, images, comments, questions, and other content or information (all such material that a user submits, posts, views, offers or otherwise make available on the Service is referred to as "User Content".
WE DO NOT CLAIM ANY PROPERTY RIGHTS IN ANY USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. However, you understand that certain areas of the Service may allow other Users to view, edit, share and/or otherwise use your User Content. By providing or sharing User Content through the Service, you agree that others may view, edit, share and/or use your User Content in accordance with your settings and this Agreement. Sunny Barrels has the right (but not the obligation), in its sole discretion, to monitor or remove User Content shared through the Service.
By submitting, posting, displaying, providing or otherwise making available any User Content on or through the Service, you expressly consent, represent and warrant that you. have all rights necessary to grant Sunny Barrels a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information related to, edit, translate, distribute, syndicate, publicly perform, publicly display and create derivative works from all such User Content and your name, voice and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology now known or hereafter developed, for use in connection with the Service and. Sunny Barrels (and its successors and affiliates) business, including, but not limited to, to promote and redistribute all or part of the Service (and derivative works thereof) in all media formats and through all media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted by the functionality of the Service and under this Agreement.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyrights, mask work rights, moral rights, rights of publicity, trademarks, trade dress and service mark rights, goodwill, trade secrets and other Intellectual Property rights as may now exist or hereafter arise, and all applications and registrations, renewals and extensions thereof are governed by the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you represent, represent and warrant that:
You have the written permission of each identifiable natural person in the User Content, if any, to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in connection with such use.
You have obtained all consents and are solely responsible for obtaining all consents required by law to post any User Content related to third parties.
Your User Content and Sunny Barrels' use thereof as contemplated in this Agreement and the Service will not violate any law or infringe any rights of any third party, including, without limitation, Intellectual Property Rights and Privacy Rights.
Sunny Barrels may exercise the rights in your User Content granted under this Agreement without being liable for any payment of guild fees, remnants, payments, fees or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all of your User Content and other information you provide to us is truthful and accurate.
Sunny Barrels takes no responsibility and assumes no liability for any User Content that you or any other User or third party post, transmit or otherwise make available through the Service. You are solely responsible for your User Content and the consequences of posting, publishing, sharing or otherwise making it available on the Service, and you agree that we act only as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inappropriate
We may make available software to access the Service via a mobile device. To use an app, you must have a mobile device that is compatible with the app. Sunny Barrels does not guarantee that the App is compatible with your mobile device. You may use cellular data in connection with the App and may incur additional charges from your wireless carrier for these services. You agree that you are solely responsible for such charges. Sunny Barrels hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one Sunny Barrels user account on one mobile device controlled or rented solely by you for your personal use. You may not: (a) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, lend, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide timesharing or similar services to any third party; (c) make copies of the App; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that restrict the use or copying of content accessible through the App, or features that enforce restrictions on use of the App; or (e) remove the copyright and other proprietary rights notices on the App. You acknowledge that Sunny Barrels may from time to time release upgraded versions of the App and automatically electronically upgrade the version of the App you are using on your mobile device. You consent to such automatic upgrade on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third party code that may be included in the App is subject to the applicable open source or third party license. Possibly EULA authorizing the use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and Sunny Barrels or its third party partners or suppliers retain all right, title and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided in this Agreement, is null and void. Sunny Barrels reserves all rights not expressly granted under this Agreement.
App from Apple App Store: The following applies to any App you purchase from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Sunny Barrels, not Apple , Inc. (“Apple”) and that Apple bears no responsibility for the Apple-Sourced Software or the content thereof. Your use of the Apple-sourced software must comply with the App Store Terms of Service. You acknowledge that Apple is under no obligation to provide maintenance and support services with respect to the Apple-Sourced Software. In the event that the Apple-Sourced Software does not conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple shall have no other warranty obligation whatsoever with respect to the Apple-Sourced Software and any other claims, losses, liabilities, damages, costs or expenses attributable to a breach of any warranty is governed solely by this Agreement and any law applicable to Sunny Barrels as the supplier of the software. You acknowledge that Apple is not responsible for addressing any claims by you or any third party related to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: ( a) product liability claims; (b) any claim that the Apple-sourced software fails to comply with any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by them. Agreement and any law applicable to Sunny Barrels as the supplier of the software. You acknowledge that, in the event of a third party claim that the Apple-Sourced Software or your possession and use of such Apple-Sourced Software infringes the intellectual property rights of that third party, Sunny Barrels, not Apple, as solely responsible for the investigation, defense, settlement and discharge making any such claim for intellectual property infringement to the extent required by this Agreement. You and Sunny Barrels acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement with respect to your license of the Apple-Sourced Software, and that upon your acceptance of the terms and conditions of this Agreement, Apple shall have the right (and shall be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof with respect to your license of the Apple-Sourced Software.
App from Google Play Store: The following applies to any App you acquire from the Google Play Store (“Google Sourced Software”): (a) you acknowledge that the Agreement is only between you and Sunny Barrels, and not with Google , BV (“Google”); (b) your use of Google-sourced software must comply with Google's then-current Google Play Store terms of service; (c) Google is only a provider of the Google Play Store from where you obtained the Google-sourced software; (d) Sunny Barrels, and not Google, is solely responsible for its Google-Sourced.Software; (e) Google has no obligation or liability to you with respect to any Google-sourced software or the Agreement; and (f) you acknowledge and agree that Google is a third-party beneficiary of the Agreement as it relates to Sunny Barrels' Google-sourced software.
Assignment: This Agreement and all rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Sunny Barrels without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability: This Agreement, together with any amendments and any additional agreements you enter into with Sunny Barrels in connection with the Service, constitutes the entire agreement between you and Sunny Barrels with respect to the Service.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Sunny Barrels' failure to exercise any right or provision under this Agreement shall not constitute a waiver of such terms, law or provision.
Locations: We manage and operate the Service from our offices in Rotterdam, The Netherlands. We make no representation that the Service is appropriate or available in other locations. Those who access the Service from other locations do so on their own initiative and are responsible for compliance with all applicable laws, including but not limited to import and export regulations.
Export: Software available in connection with the Service is further subject to export controls in the EU. You may not use the Service if you are a resident of a country outside the EU that is embargoed by the EU, or a foreign person or entity that is blocked or denied by the EU. Unless expressly stated otherwise, all materials found on the Service are directed solely at individuals, companies or other entities in the EU. No software may be downloaded from the Service or otherwise exported or re-exported in violation of European export laws.
Arbitration: PLEASE READ THIS ARTICLE CAREFULLY AS Requires THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE WAY YOU MAY SEE JUSTIFICATION FROM SUNNY BARRELS. For any dispute with Sunny Barrels, you agree to first contact us at hi@Sunnybarrels.com and attempt to resolve the dispute with us informally. In the unlikely event that Sunny Barrels is unable to resolve a dispute with you after sixty (60) days, we all agree to resolve any claim, dispute or controversy (excluding claims for injunction or other equitable as specified below) arising out of or in connection with or in connection with this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by ADR (Alternative Dispute Resolution) and ODR (Online Dispute Resolution ) - ADR Directive (2013/11/EU) and the ODR Regulation (No 524/2013).
Under the Optional Expedited Arbitration Procedures then in effect for ADR and ODR, except as provided herein.
You can contact ADR/ODR via https://www.eccnederland.nl/nl/online-dispute-resolution-odr. The arbitration will be conducted in the Netherlands, unless you and Sunny Barrels agree otherwise. If you use the Service for commercial purposes, each party is responsible for paying any ODR submission, administrative, and arbitration fees in accordance with the ODR Rules, and the award awarded by the arbitrator will include arbitration costs, reasonable attorneys' fees, and reasonable costs for (expert) witnesses. If you are an individual using the Service for non-commercial purposes: (a) ODR may require you to pay a fee for bringing your case, unless you apply for and successfully obtain a fee waiver from ODR; (b) the arbitrator's award may include your arbitration costs, your reasonable attorneys' fees, and your reasonable costs for experts and other witnesses; and (c) you may bring a suit in a small claims court of competent jurisdiction without first entering into arbitration, but this does not relieve you of your commitment to participate in the informal dispute resolution process. Any judgment on the arbitrator's award may be entered in any court of competent jurisdiction. Nothing in this section shall be construed as preventing Sunny Barrels from seeking an injunction or other equitable relief from the courts as necessary to prevent the actual or threatened breach, misappropriation or violation of our data security, intellectual property rights or other proprietary rights. prevent.
Contact: Please contact us at hi@Sunnybarrels.com with any questions regarding this Agreement.