Terms and Conditions
1. Introduction
1.1 We operate the website www.simkiwear.com (the "website"). We are Sir Jacob Behrens and Sons Ltd, a company registered in the United Kingdom under company number 00454323 and with our registered office and main trading address at Centrepoint, Marshall Stevens Way, Manchester, M17 1PP. Our VAT number is GB434317512 ("we", "our", "us" or "Simki").
1.2 If you wish to contact us, including because you have any complaints, you can contact us by e-mailing our Customer Care team at hello@simkiwear.com.
1.3 If you are a consumer then references in these terms and conditions (the "Terms") to "you" are to the individual using our website and purchasing the products detailed on our website ("Products") for private and non-commercial purposes. If you are a business, references in these Terms to "you" are to the business that you have the authority to bind in accordance with section 2.
1.4 These Terms (together with our Website Terms of Use and Privacy Policy) tell you information about us and the legal terms and conditions on which we sell the Products to you. These Terms, Website Terms of Use and Privacy Policy are together the "Agreement".
1.5 Please read these Terms carefully and make sure that you understand them, before ordering any Products. Please note that by ordering any of our Products in accordance with section 3, you agree to be bound by these Terms and the other documents expressly referred to in them.
1.6 You should print a copy of these Terms or save them to your computer for future reference.
1.7 We amend these Terms from time to time as set out in section 14. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in September 2022.
1.8 In these Terms:
1.8.1 “Customer Account” means a customer account which has been opened by you through our website in respect of the Products and is identified by way of an allocated account number generated by us;
1.8.2 "Order" shall have the meaning set out in section 3.1.5;
1.8.3 "VAT" means Value Added Tax;
1.8.4 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
1.8.5 a reference to a party includes its successors or permitted assigns;
1.8.6 a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
1.8.7 any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
1.8.8 a reference to writing or written includes e-mails.
2. If You are a Business Customer
This section 2 only applies if you are a business.
2.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Products under an Order.
2.2 The Agreement constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.
2.3 You acknowledge that in entering into the Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement. You and we agree that neither party shall have any claim for innocent or negligent misrepresentation based on any statement in the Agreement.
2.4 Nothing in this section shall exclude liability for either party's fraudulent misrepresentation.
3.The Order Process
3.1 Our shopping pages will guide you through the steps you need to take to place an order with us but this is summarised below:
3.1.1 you will be asked to provide your name, email address and date of birth;
3.1.2 you will have the option to open a Customer Account. Once you have opened a Customer Account you have the option to be shall be issued with a password as part of the registration process to open your Customer Account. You must use all reasonable steps to keep your email address and password confidential, and must inform us if you suspect or discover that your password has become known to someone else;
3.1.3 you shall use your Customer Account to place an order for the Products in accordance with the process outlined on our website, including by inputting your delivery address and payment details at this stage (an "Enquiry");
3.1.4 our order process allows you to check and amend any errors before submitting your order to us. Please take the time to review and check your order at each stage of the order process;
3.1.5 we will confirm our acceptance of your Enquiry by sending you an email confirming the information you included in your Enquiry and providing an estimated delivery date, including details of our delivery partner (the "Confirmation Email", at which point your Enquiry will become an "Order");
3.1.6 This Agreement together with the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate the Terms and shall be a new and separate contract between you and us;
3.1.7 If you change your mind about your Order within the 15 minutes immediately after you have received the Confirmation Email, you can cancel by contacting Customer Care using hello@simkiwear.com. If you want to cancel after this time you will need to return your Products, once you have received them, in accordance with clause 6 below;
3.1.8 Once we have dispatched your Order for delivery, we shall contact you on the email address provided in your Customer Account/Enquiry;
3.1.9 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 we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your Order for that Product. If you have ordered other Products as part of the same Order, which we are able to process, then we will continue to process your Order for those Products. If you have already paid for the unavailable Product, we will refund you the full amount as soon as possible.
3.1.10 We reserve the right not to accept your Order in the event, for example, that we are unable to obtain authorisation for payment, if we reasonably believe a transaction is fraudulent, that shipping restrictions apply to a particular Product, that the Product ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within these Terms.
4. The Products and Pricing
4.1 All Products are subject to availability.
4.2 The images of the Products on our site are for illustrative purposes only. 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. The packaging of the Products may vary from that shown on images on our site.
4.3 The prices and Products displayed on the website are subject to change and we reserve the right to change these at any time and without notice to you provided that if you place an order for Products through the website the price you will pay for the Product(s) will be the price displayed at the time you place your Enquiry, except for where the price displayed was incorrect and that pricing error was obvious and unmistakeable. The prices displayed on the website at any moment are only valid at that moment.
4.4 Prices shown on the UK and Ireland website are in GBP and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, in which case prices shown on the website will be displayed in the relevant currency and are inclusive of all other taxes imposed by the applicable governmental authority.
4.5 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your Enquiry. Please see section 5 below for more information on delivery.
4.6 We may at certain times make discount codes available for use on our website; all codes can be used entirely at our discretion and may be withdrawn at any time. Certain products (for example digital gift cards) may be unable to be purchased with a discount code.
4.7 You agree to cooperate fully with us and provide all reasonable assistance in the event we recall any product(s), at our sole expense.
4.8 For International Delivery Destinations, the issuing bank might leverage cross-border surcharges which are outside of our control and for which we are not liable.
5. Delivery of the Products
5.1 Delivery charges and times can be consulted on our Delivery & Returns page.
5.2 Delivery costs may apply to your Order for Orders below the amounts stated and additional costs may apply for certain premium delivery services. If these costs apply they will be displayed prior to checkout. Any other charges applicable to your order will also be displayed at checkout.
5.3 Occasionally our delivery to you may be affected by an Event Outside Our Control, please see later in these terms for further details of Events Outside Our Control. Dates and times given for delivery are estimates only and we shall not be liable for any delay in delivery.
5.4 We deliver to addresses within the United Kingdom. We may also be able to deliver to some international destinations; please see the Delivery & Returns page for more information.
5.5 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
5.6 You shall be responsible for providing us with your up-to-date contact details in your Customer Account and/or Enquiry.
6. Right to Cancel and Returns
6.1 You may cancel an Order at any time if you have changed your mind in the 15 minutes immediately after you have received the Confirmation Email. To cancel please email your order details to hello@simkiwear.com
6.2 All products can be returned within 28 days from the date of receipt in the original packaging.
6.3 Please note that in the event that substantial damage has been caused to the product, we reserve the right to refuse a refund. If the items are soiled or stained, ripped, or damaged in any way, we may accept your return but deduct a charge for cleaning or repair from your refund.
6.4 In line with the Consumer Contract Regulations, we will refund your original delivery charge up to the maximum value of the cheapest delivery method you could have selected.
6.5 Returns must include a completed returns form. No returns will be accepted unless accompanied by the returns form.
6.6 For further information on returns, including the process to follow to return your Product(s) please see the Returns page on our website.
6.7 We are unable to offer any refunds for purchases of our digital gift cards.
6.8 None of these terms affect your statutory rights under European Union law.
7. Defective Goods
7.1 For Product(s) that are defective, we will either offer you a refund (including the purchase price, original delivery costs and any other costs you may incur in returning the defective Products), repair the defective Product(s) or provide you with replacement Products at no cost to you.
7.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.3 You must notify us of any product defects (or other errors with your order) within 7 days of your order delivery.
8. Restrictions on Your Use of the Products
8.1 You must be at least 18 years old and legally capable of entering into binding contracts in order to purchase the Products.
9. Risk and Title
9.1 The title to any Product(s) ordered through our website shall transfer to you upon our receipt of full payment for such Product(s).
9.2 Risk in the Products shall remain with you from the time of delivery.
10. Payment and Charges
10.1 We accept payment through major credit / debit cards via the Shopify Payments Gateway.
10.2 The charges for the Products are set out in the Confirmation Email.
10.3 Payment for the Products will be deducted from either: (i) the bank account registered to your Customer Account; or (ii) the bank account entered in your Enquiry (as appropriate), when we send you the Confirmation Email.
10.4 Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card or Paypal account when we send the Confirmation Email.
11. Failure to pay the Charges
11.1 We reserve the right to suspend or close your Customer Account or otherwise restrict your access to our website and the Products if you fail to pay any charges due to us by you under this Agreement immediately when such payment becomes due.
12. Limitation of Liability
12.1 If you are a consumer:
12.1.1 we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
12.1.2 if we fail to comply with the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it as contemplated by you and us at the time we entered into the Agreement; and
12.1.3 subject to section 12.3, our total liability in respect of the Products or any breach of this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, including loss or damage during collection, storage or return, shall not in any event exceed the value of the relevant Order.
12.2 If you are a business:
12.2.1 subject to section 12.3, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss;
12.2.2 subject to sections 12.2.1 and 12.3 our total liability to you in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the relevant Order; and
12.2.3 you shall indemnify us and keep us indemnified for any and all losses resulting from all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our contractors, carriers, agents, employees or affiliates which arise out of your use of the Products or your breach of this Agreement.
12.3 Nothing in these Terms excludes or limits our liability for:
12.3.1 death or personal injury caused by our negligence;
12.3.2 fraud or fraudulent misrepresentation; or
12.3.3 any other liability that cannot be excluded by law.
12.4 Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. In particular we will not be responsible for ensuring that the Products are suitable for your purposes.
12.5 This section 12 shall survive termination of the Agreement.
13. How We Use Your Personal Information
13.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.
13.2 Information that we collect from you through the use of location based services shall be collected and stored in accordance with the terms of our Privacy Policy. By accepting these Terms you consent to our use of location-based services.
14. Our right to vary these terms
14.1 We may revise these Terms from time to time.
14.2 Every time you place an Enquiry, the Terms in force at that time will apply to any corresponding Order.
15. Obligations
15.1 You shall:
15.1.1 ensure that the information you include in your Enquiry is complete and accurate; and
15.1.2 ensure that you only purchase Products if you are at least 18 years old.
16. Termination
16.1 We may terminate this Agreement with immediate effect by notice in writing to you if:
16.1.1 you fail to pay any amount due under this Agreement, including any interest accrued, by the date due; or
16.1.2 you are in breach of any term of this Agreement.
17. Consequences of Termination
17.1 Upon termination of this Agreement for any reason:
17.1.1 you shall immediately pay to us all of our outstanding unpaid invoices and interest;
17.1.2 the accrued rights, remedies, obligations and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
17.1.3 sections which expressly or by implication have effect after termination shall continue in full force and effect.
18. Confidentiality
Each party shall keep in strict confidence all information which is of a confidential nature and which has been disclosed by one party to the other party. This section 18 shall survive termination of this Agreement.
19. Events Outside Our Control
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, the Products that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
19.2 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, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.
19.3 If an Event Outside Our Control takes place that affects the delivery of the Products:
19.3.1 we will contact you as soon as reasonably possible to notify you; and
19.3.2 we shall not be liable to you as a result of any delay or failure to deliver the Products as a result of an Event Outside Our Control.
20. Notices
20.1 Notices to you
20.1.1 Any notice given by us to you under this Agreement must be in writing and may be served by e-mail, by personal delivery to the person notified or its address, or by prepaid post.
20.1.2 Your address for service of notices shall be your e-mail and/or postal address specified in your Customer Account/Enquiry or any other address in England, Scotland or Wales which you have previously notified to us in writing.
20.2 Notices to us
20.2.1 Any notice given by you to us must be in writing and maybe served by personal delivery, by pre-paid post or by e-mail.
20.2.2 Our address for service of notices shall be our address set out in these Terms.
20.2.3 A notice will be served at the time of personal delivery or 48 hours after it has been placed in the post, or at the time the e-mail was sent by the sender, provided that the sender of the email does not receive an e-mail message stating that the email message has not been received by the intended recipient.
20.2.4 You will inform us in writing of any changes to your billing details, contact details, alternative contact details, authorised persons, insurance details or access details stated in your Customer Account and/or Enquiry.
21. Assignment and Sub-Contracting
21.1 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of our obligations under this Agreement to any third party or agent.
21.2 You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Agreement.
22. Complaints Procedure
22.1 Procedure overview
22.1.1 Simki is committed to providing a high quality service to everyone we deal with. In order to do this we encourage you to give us comments about our service, and to tell us when we get things wrong. We want to help you resolve your complaint as quickly as possible.
22.1.2 We treat as a complaint any expression of dissatisfaction with our service which calls for a response. We listen to your complaints, treat them seriously, and learn from them so that we can continuously improve our service. It is our intention to reply to any complainant within 7 days.
22.2 Courtesy and respect
22.2.1 You can expect to be treated with courtesy, respect and fairness at all times. We expect that you will also treat our staff dealing with your complaint with the same courtesy, respect and fairness.
22.2.2 We will not tolerate threatening, abusive or unreasonable behaviour by any complainant. Such situations are rare, however, should they happen, we will cease communication with the complainant.
22.3 How to make a complaint
22.3.1 You can make a complaint either by sending an email to hello@simkiwear.com
22.3.2 Or, by writing to us at Simki, Centrepoint, Marshall Stevens Way, Trafford Park, M17 1PP
23. Other Important Terms
23.1 All intellectual property rights in or arising out of or in connection with the Products shall, as between you and us, be owned by us.
23.2 These Terms are only available in the English language.
23.3 If any of these Terms conflict with any terms of an Order, the Order will take priority.
23.4 This Agreement 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.
23.5 Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
23.6 If we fail to insist that you perform any of your obligations under this Agreement, 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.
23.7 If you are a consumer, you have legal rights in relation to the Products. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.
23.8 If you are a consumer, please note that the Agreement is governed by English law. This means an Agreement for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in connection with any such dispute or claim.
23.9 If you are a business, the Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).