“SimbashoppingUK” means SIMBASHOPPING UK LIMITED a company registered in England and Wales under company number 14345754 which operates the company’s websites www.simbashoppinguk.com (our website).
Customer means the person or company to whom this document is addressed.
Our legal address is: SIMBASHOPPING UK LIMITED, 17 Grosvenor Street, Mayfair, London, W1K 4QG, VAT: GB435821005.
Our trading address is: SIMBASHOPPING UK LIMITED to Active Freight Management Ltd, Unit 29 Solent Industrial Estate, Hedge End, Southampton SO30 2FY, United Kingdom
General
These terms and conditions (Terms) apply to any supply of products (Products) made by the Seller, hereafter referred to as SimbashoppingUK, to you, the buyer, hereafter referred to as the Customer (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our website. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
1.1 All prices are quoted in Great British Pounds Sterling and are inclusive of VAT (if applicable) as may be prescribed by law from time to time, unless otherwise specified.
1.2 The prices of the Products will be as quoted on our website from time to time. SimbashoppingUK take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 1.4 for what happens in this event.
1.3 Prices for our Products may change from time to time, but changes will not affect any Products which we have confirmed and dispatched.
1.4 Our website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not continue to process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
1.5 Payment is taken upon placement of the order.
1.6 Dispatch takes place when the Products are collected by the relevant 3rd party carrier from the premises at which they are held in stock.
1.7 From time to time, SimbashoppingUK may request credit card information due to the lead time of the order. Note, duplicate payment will not occur.
1.8 Payments must be made in Great British Pounds Sterling only, unless otherwise specified, and by one of the following payment methods.
1.8.1 Major credit cards as listed: Visa, MasterCard, American Express, Delta, Maestro, Switch, Solo and Visa Electron. PayPal account or Direct Bank Transfer.
1.9 From time to time SimbashoppingUK may request evidence of a driving licence, utility bill, bank statement or proof of age card to confirm they are the registered person of their invoice or delivery address or for further security checks.
2. How the Contract is Formed
2.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.3.
2.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched. The Contract between us will only be formed when we send you this email.
2.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our website as referred to in clause 1.4, we will inform you of this by e-mail and we will not continue to process your order for that Product. If you have already paid for that Product, we will refund you the full amount as soon as possible.
3. Delivery
3.1 Deliveries are FREE of charge to Mainland England, Scotland and Wales. SimbashoppingUK cannot deliver outside the United Kingdom.
3.2 Deliveries are GROUND DELIVERIES, transit time: 2/5 working days.
3.3 SimbashoppingUK will deliver the Customer’s Products via a 3rd party courier employed on behalf of SimbashoppingUK.
3.4 The Customer’s delivery date and time shall be an all day delivery. The Carrier will call you in advance to set an appointment. Note, the Customer’s selected delivery date and time may be subject to change due to extreme weather conditions or excessive traffic or an Event Outside Our Control.
3.5 Someone must be present and available to sign for the Products at the selected delivery address at which point delivery is completed. We advise all our customers to inspect the Products prior to signing for the Products.
3.6 If the Products are faulty upon delivery, the Customer must inform the Driver and reject the Products and contact our Customer Service team via email simbashoppinguk@gmail.com whilst the driver is present. The driver will then remove the Products and the Customer must NOT sign for the Products or must only sign as “DAMAGED”. If you sign & accept the goods as in “GOOD CONDITION” SimbashoppingUK cannot be held responsible for any damage therafter. Subject to clause 9, SimbashoppingUK cannot accept any claim for damage where the Product is not unwrapped and inspected at the time of delivery. If the customer is not happy with the Products please follow our Acceptance & Returns procedure.
3.7 Once the Customer has signed for the Products they have now accepted the Products and are now solely responsible for the Products. Subject to clause 10, SimbashoppingUK shall not be held responsible for consequential loss, costs, damages, charges or expenses caused directly or indirectly in the delivery and acceptance of the Products.
3.8 Subject to clause 8, in the unlikely event that you need to return the item, SimbashoppingUK can only accept Products in their original packaging and condition. Semi, Unpacked or Assembled Products cannot be returned. Note all returns are at the cost of the Customer. Cost may vary depending on collection address, delivery service, type of Products and the amount of Products. Please follow our Returns Procedure for returning Products.
4. Shipping
4.1 SimbashoppingUK will
deliver the Customer’s Products via a 3rd party courier employed on behalf of SimbashoppingUK.
5. Passing of Property
5.1 SimbashoppingUK shall retain the property of the Products until full payment, including any and all applicable delivery costs, has been made by the Customer and has been received by SimbashoppingUK.
6. Passing of Risk
6.1 The risk in the Products shall pass to the Customer on delivery, as defined in clause 3.7.
6.2 Where Products have been received damaged, please follow clauses 3.8, 8.4 and 8.5.
6.3 Depending on the Products or issue, it may take a minimum of 7 working days for SimbashoppingUK to resolve an issue or arrange a refund or exchange.
6.4 In the event of either of the above SimbashoppingUK will forward a claim to our 3rd party courier and supplier. Before this can be processed, SimbashoppingUK will require images of the affected areas before any claim can be pursued.
7. Acceptance of Products
7.1 Any item that appear(s) in any photograph, representation, or illustration on our website or in our brochures other than the Product that is described in the title description of the Product, will not form a part of or be included in the Contract. It is meant for illustration purposes only, and may not be included as a part of the Products. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images and, subject to clause 10, SimbashoppingUK bears no liability for difference of colour.
7.2 Any advertisements or specifications issued by SimbashoppingUK and any descriptions or illustrations provided on our website or brochures will not be included in the Contract. It is provided for guidance or illustration purposes only, and may not accurately reflect the Products. The Products are subject to change without notice.
7.3 Any typographical, clerical, or other error present on our website, in the confirmation on our invoice sent to you, in our price list, or in any brochures or documentation issued by us shall be subject to correction without any liability on the part of the Company, subject always to clause 10. If we discover an error in the price of Product(s) you ordered, please see clause 1.4 for what happens in this event.
7.4 The Customer shall inspect the Products upon delivery, as stated in clause 3.
7.5 Subject to clause 10, BCE shall not be responsible for consequential loss, costs, damages, charges or expenses caused directly or indirectly in the delivery and acceptance of the Products.
7.6 The Customer shall be deemed to have accepted the Products unless within 14 working days the Customer notifies SimbashoppingUK that the Products are rejected in accordance with our returns procedure in clause 8 or our cancellation procedure in clause 9. If no such action has been taken, SimbashoppingUK shall consider the Products being as described, of satisfactory quality and fit for their purposes, and may not accept any rejection at a later date.
7.7 If, having notified SimbashoppingUK in accordance with clause 7.6, the Customer does not follow our returns procedure in clause 8 or our cancellation procedure in clause 9 (as applicable) within 14 working days of such notification, SimbashoppingUK shall consider the Customer to have accepted the Products and the Products being as described, of satisfactory quality and fit for their purposes, and may not accept any subsequent claims at a later date.
8. Returns Procedure
8.1 If the Products are to be rejected and returned in accordance with the time limit set in clause 7 above for any reason other than cancellation in accordance with clause 9 below, the Customer shall comply with the return procedure detailed in this clause 8.
8.2 SimbashippingUK will not accept any returned Products should the return not follow the return procedure.
8.3 The Customer is required to email SimbashoppingUK returns department at simbashoppinguk@gmail.com to notify their intention to return any Products, following which collection will be arranged. Please note depending on the Products or issue; it may take a minimum of 7 working days for SimbashoppingUK to resolve an issue or exchange. All returns requests will only be accepted in writing, by email to simbashoppinguk@gmail.com.
8.4 SimbashoppingUK will request photographic evidence or other forms of evidence of any damage. The Customer must comply with SimbashoppingUK in order to process their intention to return their Products. Any delay in providing information to SimbashoppingUK returns department will delay a Customer issue being resolved.
8.5 In cases where the rejection of an individual Product is due to that individual Product being faulty or damaged (because it is not fit for its purpose or is defective so as to be unsafe) , the Customer is entitled to a replacement once the fault has been verified by SimbashoppingUK on inspection acting reasonably. The individual faulty, damaged or mis-described Product must be returned to SimbashoppingUK premisesas instructed by SimbashoppingUK returns department before the replacement can be issued. The Customer must follow clause 8.3 and 8.4 above in order to comply with the returns procedure.
8.6 In cases where the refusal or reconsideration is due to an incorrect order by the Customer or dissatisfaction, and is a cancellation in accordance with clause 9, the Customer is responsible for the costs and risks of the return. Returns are accepted only if the item is in its original packaging and on a pallet and the item has not been tampered with or used. Goods must be returned to SimbashoppingUK premises before a refund can be issued.
8.7 If the Products were delivered to you:
8.7.1 Unless the Products are faulty or not as described (in this case we will be responsible for the costs), you will be responsible for the cost of ship back the Products. We recommend using a proof of delivery or trackable courier service as we cannot be held responsible for any damaged or missing items. All goods returned to our premises will only be accepted if we have confirmed collection to you by email.
8.7.2 You have a legal obligation to keep the Products in your possession in a safe place and to take all reasonable care of the Products while they are in your possession.
8.8 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.9 Note semi/unpacked or assembled items cannot be returned except in accordance with clause 9 below. Returned item(s) must be in its original packaging and condition and in a saleable condition, otherwise this may jeopardise a partial or full refund.
9. Cancellations
9.1 Cancellation rights do not apply (this includes the 14 Days Distance Selling Regulations) in the case of any made-to-order or custom-made Products or Products made to your specification or clearly personalised. We accept cancellation of an Order within 1 hour from the time the Customer has completed the Order. To exercise this right of cancellation, the Customer must inform Us of the decision by means of a clear statement by email: simbashoppinguk@gmail.com.
9.2 Under distance selling regulations you have up to 14 days from receipt of your goods to cancel your contract and return the goods under clause 8 above. To cancel a Contract, please contact us in writing to tell us by sending an e-mail to simbashoppinguk@gmail.com. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail. Please note depending on the Products or issue; it may take a minimum of 7 working days for SimbashoppingUK to resolve an issue or exchange.
9.3 Subject to clause 8 above, we refund to you any amounts already paid by you to us in respect of the cancelled Products on the credit card or debit card used by you to pay.
9.4 Where you cancel an order and it has not been dispatched, you will be given a full refund on the credit card or debit card used by you to pay. (Excluding any made-to-order or custom-made Products or Products made to your specification or clearly personalised.) Where an order has already been despatched, you will be given a refund less the costs incurred in re-calling the product back to our warehouse.
9.5 SimbashoppingUK reserves the right to cancel an order without taking any payment from the Customer if:
9.5.1 We do not have stock to fulfil the order;
9.5.2 If we are unable to deliver the Product to your area;
9.5.3 If your payment was not authorised; and
9.5.4 If an item was incorrectly priced or described on our website.
10. Our Liability to the Customer
10.1 If SimbashoppingUK fails to comply with these Terms, our maximum liability under this contract is a full refund of the product price and any delivery charges that have been incurred by the customer.
10.2 SimbashoppingUK only supplies the Products for domestic and private use. The Customer agrees not to use the Product for any commercial, business or re-sale purposes, as it may invalidate the warranty of the product(s) and SimbashoppingUK has no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity. We offer 2 years warranty on spare parts.
10.3 SimbashoppingUK does not in any way exclude or limit our liability for:
10.3.1 Death or personal injury caused by our negligence;
10.3.2 Fraud or fraudulent misrepresentation;
10.3.3 Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
10.3.4 Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
10.3.5 Defective products under the Consumer Protection Act 1987.
11. Events Outside Our Control
11.1 SimbashoppingUK will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12. Privacy Policy
12.1 Any information passed through the SimbashoppingUK is managed in accordance with data protection legislation. Full details of SimbashoppingUK’s privacy notice can be found on our website.
13. License Agreement
13.1 All trademarks shown on all of SimbashoppingUK’s web sites described above belong to their registered owners and must not be copied without prior permission. SimbashoppingUK cannot be held responsible or liable for any misuses conducted by the Customer or any third party. Nothing in these Terms grants the Customer any rights in respect of any intellectual property owned by SimbashoppingUK or any third party.
14. Law
14.1 These terms and conditions are governed by and shall be interpreted in accordance with English Law. This means a Contract for the purchase of Products made through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
14.2 Any person attempting to make fraudulent credit card transactions will be prosecuted with no exception.
15. Other Important Terms
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
15.4 If you need to contact us you can do so in writing by sending an email to simbashoppinguk@gmail.com. If we have to contact you or give you notice in writing, we will do so by e-mail you provide to us in your order.
15.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.7 We may revise these Terms from time to time to reflect changes in how we accept payment from you or changes in relevant laws and regulatory requirements. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.