Terms and Conditions of Sale

Welcome to SIMMI London! SIMMI UK Limited is a company registered in England and Wales, whose registered office is at Unit 10 Prospect Business Park, Langston Road, Loughton Essex. IG10 3TR United Kingdom.

Our company registration number is 07954087. Our VAT registration number is 132 187 726.

Contact email: [email protected]

These terms and conditions apply to the use of this website www.simmi.com.

Please read the following terms and conditions carefully and ensure you have full understanding of the terms before using this website, once you access our website simmi.com, and/or place an order with us, this means that you agree to accept these terms regardless of whether or not you choose to register with us.

You may like to print these terms of for future reference.

1. INTRODUCTION

1.1 You will be able to access most areas of this Website without registering your details with us however, certain areas of this website are only open to you if you register.

1.2 We may update and amend our terms once in awhile therefore please make sure you have an up to date copy of these terms before you place an order with us. These terms were recently updated on 24 October 2018. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

1.3 If you have any concerns about material on our site, please contact us by email at [email protected].

2. ORDERING FROM US

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

2.2 Our acceptance of an order takes place when we dispatch the order. When we dispatch the order the purchase contract will be made and you will be charged, unless we have notified you that we do not accept your order or you have cancelled your order.

2.3 We may refuse in our discretion to accept an order:

(a) Where we cannot obtain authorisation for your payment;

(b) If there has been a pricing or product description error; or

(d) Where goods ordered by you are not available;

(e) If we do not deliver to your area;

(f) We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified through our efforts to avoid fraud and/or account abuse. Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.

(g) If you are experiencing any difficulties ordering on our website please contact us via our contact form here.

3. PRICING

3.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, any totals shall include VAT.

3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

3.3 All prices shown on www.simmi.com are online exclusive only; the prices you see in store may differ from time to time.

3.4 All promotions are exclusive to online only; we may not offer the same promotions in store.

4. DELIVERY

4.1 We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 14 days of your order.

4.2 If the goods we deliver are not what you ordered, or are damaged, or defective, or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question.

4.3 If you do not receive goods ordered by you within 14 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of our maximum delivery period of 14 from the date on which you ordered the goods.

4.4 Delivery times may vary according to the selected delivery method.

4.5 All delivery services excludes bank holidays and weekends, unless you have selected saturday delivery.

4.6 Bank Holiday and Christmas delivery dates and times are suggested by the couriers, therefore there is no guarantee it will be delivered on time.

5. PRODUCT LIABILITY

5.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question.

5.2 If you do not receive goods ordered by you within 14 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 days of our maximum delivery period of 14 from the date on which you ordered the goods.

5.3 If you notify a problem to us under this condition, our only obligation will be, at your option:

(a) to make good any shortage or non-delivery;

(b) to replace or repair any goods that are damaged or defective; or

5.4 Disclaimer for embellished products:

All diamantes, gems and any embellished products are for decorative purposes only. We will not be liable for any loss or damage caused by wear. Please ensure you handle items with care as any loss of gems, embellishments and stones cannot be replaced or returned as damaged.

5.5 All products have a 28 day warranty from the date of when the product is received, if there are any faults with the items you have purchased you must notify us in writing before the 28 days, any notifications after this date will not be accepted.

5.6 We are unable to guarantee that all products on our website will be branded SIMMI. However, if you have any further enquiries on our products, please feel free to contact our customer service team on [email protected].

5.7 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 5.3(c) above.

5.8 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

5.9 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

6. CANCELLATION OF CONTRACTS FOR GOODS AND RETURNS POLICY

6.1 If you wish to cancel your order:

(a) you can notify us by email to [email protected].

(b) we cannot cancel your order once your goods have already been dispatched or being processed, however once you have received your goods you can request a refund excluding any shipping costs by returning goods to us in accordance with clause 4.2 above.

6.2 We can only cancel your order and we cannot make any changes to your order after you have checked out online and the order has come through to our system.

6.3 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a refund. Please find the complete return policy here. The costs of returning goods to us shall be borne by you. We advise that you send the goods back by a method where they are insured and signed for by us, the recipients.

6.4 Upon receipt of the goods we will give you a refund of the amount paid, less (if for any reason the these costs have not been paid by you) the costs of original shipping and the costs of delivery to us. The consumer is liable for all shipping costs, in the event of free shipping provided by us at the point of sale we will deduct the standard rate of shipping applicable to the customer's location at the time.

6.5 The rights to return the goods to us as referred to in clause 6.2 will not apply in the following circumstances: * in the event that the product has been used.

The provisions of this clause do not affect your statutory rights.

7. LICENCE

7.1 You are permitted to print and download extracts from this website for your own private use on the following basis:

(a) No documents or related graphics on this website are modified in any way;

(b) No graphics on this website are used separately from accompanying text; and

7.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of such material other than in accordance with this clause for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use such material automatically terminates and you must immediately destroy any such material.

7.3 Subject to this clause, no part of such materials may be reproduced, displayed, modified, sold or stored without our prior written permission.

7.4 Any rights not expressly granted in these terms are reserved.

8. SERVICE ACCESS

8.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

8.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

9. VISITOR MATERIAL AND CONDUCT

9.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied there in for any and all commercial or non-commercial purposes.

9.2 You are prohibited from posting or transmitting to or from this Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licences and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

9.3 You may not misuse the Website (including, without limitation, by hacking, impersonating any person or entity or falsely misrepresent your affiliation with a person or entity, ‘stalk’ or harass another or collect or store personal data about other users).

9.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these terms and conditions.

9.5 It is your responsibility to determine that your input into our site, including use of any chat room areas of our site, including your choice of your user name, conforms to the above conditions.

9.6 If you notice any content which breaches these conditions, please notify us by email to [email protected].

10. LINKS TO AND FROM OTHER WEBSITES

10.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. Therefore, we do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

10.2 You may not create any links to this Website.

11. REGISTRATION

11.1 To register with www.simmi.com you must be at least 16 years of age.

11.2 Each registration is for a single user only, whether or not acting on behalf of a company or other organisation. We do not permit you to share your username and password with any other person nor with multiple users on a network.

11.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

11.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

12. DISCLAIMER

12.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

12.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fit for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

13. LIABILITY

13.1 Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.

13.2 In no event (including our own negligence) will we be liable for any:

(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

(b) loss of goodwill or reputation;

(d) damage to or loss of data

(even if we have been advised of the possibility of such losses).

13.3 Nothing in these terms and conditions shall exclude or limit our liability for:

(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);

(ii) fraud;

(iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

13.4 You agree, on behalf of yourself and your business entity or organisation, jointly and severally to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

14. GOVERNING LAW AND JURISDICTION

14.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.

14.2 We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

15. MISCELLANEOUS

15.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

15.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

15.3 No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.

16. COMPETITIONS

All competitions online and via our social media platforms apply with the following terms and conditions.

16.1 You must be following the instructions of the competition.

16.2 Prizes cannot be returned, exchanged or transferrable into cash.

16.3 Employees of www.simmi.com or their family members will not be permitted to enter the competition.

16.4 The prize cannot be transferrable into cash.

16.5 Prizes are subject to availability and we reserve the right to withdraw or substitute any prize with the same value without give any notice.

16.6 You must be aged over 16 and if you are under the age of 18 you must have parental consent to enter the competition.

16.7 Failure to contact us within 7 days of winning the competition we may withdraw your prize and pick another winner.

17. SOCIAL COMPETITONS TERMS & CONDITIONS

The promoter is: SIMMI UK, Ltd. 07954087 (referred to as “SIMMI” here), whose registered office is at Unit 10 Prospect Business Park, Langston Road, Loughton Essex. IG10 3TR United Kingdom.

Competitons are open to residents of the United Kingdom aged 16 years or over except employees of SIMMI and their close relatives and anyone otherwise connected with the organisation or judging of the competition.

There is no entry fee and no purchase necessary to enter social media competitions.

By entering any competition, an entrant is indicating their agreement to be bound by these terms and conditions.

We reserve the right to cancel or amend our competitions and these terms and conditions without notice in the event outside of the SIMMI’s control. Any changes to the competitions will be notified to entrants as soon as possible by the us.

SIMMI is not responsible for inaccurate prize details supplied to any entrant by any third party connected with our competitions.

17.2 THE PRIZE

Prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice. All SIMMI prizes are non exchangeable and SIMMI is not at liability to exchange or refund incorrect sizes.

17.3 HOW THE WINNER IS CHOSEN

Winner/ winners will be chosen at random, from all entries received and verified by SIMMI within the stated time frame.

SIMMI’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

All competitions and terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England.

The winner / winners agree to the use of their name in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

Entry into all competitions will be deemed as acceptance of these terms and conditions.

18. VOUCHER CODES

18.1 All discount codes are subject to one use per customers.

18.2 Discount codes cannot be transferrable to cash.

18.3 Discount codes can not be used in conjunction with other promotional codes.

18.4 Discount codes will be excluding all sale items unless stated.

19. ONLINE PRE-ORDERS

19.1 All pre-orders are subject to stock and availability.

19.2 Pre-order dates are a guidance for an approximate arrival date, we will dispatch all pre-orders after the arrival date.

19.3 Pre-order dates are flexible to change and can fluctuate between 5-10 working days.

19.4 If your order contains a style which is on pre-order, we will dispatch your full order once the pre-order style has arrived in store.

19.5 We can only cancel your Pre-order if we have not processed and dispatched your order.

19.6 We do not accept any changes on pre-orders.

19.7 We reserve the right to cancel or refund your order if the style is out of stock.

20. KLARNA

20.1 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

· Pay later.

· Slice it.

20.2 For further information, you can see details in full on our page here, and Klarna's user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.

21. CALIFORNIA (USA) PROPOSITION 65

We make this warning as a result of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, which requires us to inform citizens in California (USA) about exposures to certain chemicals. WARNING: Products sold on this site may contain chemicals known to the State of California (USA) to cause cancer, birth defects or other reproductive harm.

For more information on Proposition 65, click on the link below

https://oehha.ca.gov/proposition-65