Terms and Conditions
IMPORTANT NOTE: As well as reading the following Terms & Conditions to which you have agreed by using this site, you should also refer to the terms and conditions of each individual seller (“Seller”) on their home or product pages before making any order.
Acceptance of terms
We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.
- About us
The Services are operated by Simba and Sloane Ltd (hereafter referred to as “we”). We are registered in England and Wales under company number 12643480 and with our registered office address at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX.
- Accessing our Service
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without any notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period of time.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, and or account, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.
It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate at all times. Ensure that you check all information before making a purchase.
- Use of this Site
(a) We grant you the right to use the
Site only for your personal use on an iOS or android product that you own or control. You may not: (a) modify, copy, publish, license, sell or otherwise commercialise the
Site or any information or software associated with it; (b) rent, lease or otherwise transfer rights to the Site; or (c) use the App in any way that could impair our Site or Service in any way or interfere with any party’s use or enjoyment of our Site or Service.
(b) Neither we nor any of our licensors or service providers has any obligation to provide any maintenance and support services with respect to the
Site or any other part of the Service.
(c) In using the
Site through an iOS or android product, you confirm that you have agreed to the applicable Apple Terms and Conditions relating to such use.
If you breach any of these Customer Terms, your right to use the Site and/or Service will cease immediately and you must, at our option, return and/or destroy any copies of the content you have made.
- Intellectual property rights
We own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the App or any other part of the Service.
You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors.
We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us to report the concern.
- Description of simbaandsloane.com service
Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and that Seller and such contract shall compromise these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.
You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
We cannot give any undertaking that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller.
We do not review or control, and are not responsible in any way for, listings provided by Sellers and at no time do we possess any items offered for sale by Sellers through the Site.
- Disclaimer of Warranties and limitation of liability
(a)To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
(b) The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
(c) You use this Site at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the use of this Site.
(d) Neither we nor our licensors are liable to you or any user for any use or misuse of this Site. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (c) applies whether damages arise from use or misuse of and reliance on this Site, from inability to use the Site, or from the interruption, suspension or termination of the Site (including any damages incurred by third parties).
(e) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
- Payment methods
Purchases for goods and/or services you make on this Site may only be paid for using the payment methods we make available from time to time through our payment facility or by redeeming gift vouchers against us to put towards your purchase of goods and/or services on the Site. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination you choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.
- Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
- Delivery arrangements
Your shopping basket or cart on the Site displays the goods you have chosen.The delivery costs for each product vary. Any delivery times quoted are in working days.
If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the Site (see below for a description of non-cancellable items), please contact us directly.
You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement or participation on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.
The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore 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 the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
- Uploading material to the Site
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trademark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
- Viruses, hacking and other offences
You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
- Force majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lockouts, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
- Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either simbaandsloane.com or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of simbaandsloane.com when acting as commercial agent of any Seller.
- Law and jurisdiction
Contracts for the purchase of goods or services through our Site or the App shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
- Feedback and Complaints
General comments about the Site are welcome, please contact us at firstname.lastname@example.org.
- Other applicable terms and conditions
Additional terms and conditions may apply to certain of our products and services. These products and services, and the terms and conditions which apply to them, are set out below.
Gift vouchers: special terms and conditions
When purchasing a gift voucher or using a gift voucher to make a purchase on simbaandsloane.com, you agree to be bound by the Terms and Conditions for Shoppers above and also to be bound by the special conditions relating to gift vouchers below.
How to purchase and redeem gift vouchers
- When purchasing a gift voucher from simbaandsloane.com, the purchaser must choose a gift voucher type and design.
- Email gift vouchers will be dispatched by email to the designated email account as soon as payment for the gift voucher has been cleared.
- Printable gift vouchers will be dispatched by email as a downloadable PDF to the email account of the purchaser as soon as payment for the gift voucher has been cleared.
- It is the responsibility of the purchaser to ensure that the delivery email address entered is correct. We cannot be responsible for the incorrect delivery of gift vouchers due to an error by a customer (such as, a mis-typed email address).
- Gift vouchers are only available for purchase in pounds sterling using a credit or debit card. You cannot purchase a gift voucher using PayPal at this time.
- When redeeming gift vouchers the unique gift voucher code stated on the gift voucher will need to be entered at the checkout. If the holder of the gift voucher does not have an account with us they will be required to open one in order to redeem the gift voucher.
- The holder of a gift voucher can only redeem the value against us. The gift vouchers cannot be redeemed against Sellers and are not accepted as a means of payment by Sellers featured on our Site.
- Where as a holder you redeem a gift voucher against us, we will show a credit on your online account with an equivalent sum. In turn we will apply the funds received by us as principle as payment for your gift voucher against the price to be paid for the goods or service selected for purchase on the Site and deduct this from the credit to your account.
- If the goods purchased total less than the value of the gift voucher, any remaining gift voucher balance will be held against your account on simbaandsloane.com under ‘my funds’.
- If a credit under a gift voucher is insufficient for us to meet the full cost of the goods purchased the balance must be paid by credit or debit card when the gift voucher is redeemed. You cannot redeem a gift voucher and make a PayPal payment in the same purchase.
- Please note that the value of the gift voucher will be deducted by us from your online account and any top-up-payment will be debited, before the applicable seller will have accepted your offer to purchase a product. As a consequence, if the seller(s) does not accept your offer to purchase a product, we will reinstate the amount of the gift voucher used to your ‘my funds’ within your account and reverse any top up payment made in anticipation of such purchase to your credit or debit card respectively.
- Our standard terms and conditions shall apply regarding the purchase of goods or services regardless of whether you redeemed a gift voucher as part of the purchasing process.
General gift voucher terms and conditions
- By purchasing and/or redeeming a gift voucher you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
- The terms and conditions on the Site shall apply to gift vouchers. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these gift voucher terms and conditions, the gift voucher terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these gift voucher terms and conditions.
- simbaandsloane.com gift vouchers can only be accepted by and redeemed against use on simbaandsloane.com such that we apply our funds towards the purchase of items currently featured on our Site including p&p (subject to availability).
- Gift vouchers are an arrangement between you and us or the gift voucher holder and not the sellers using simbaandsloane.com Sellers do not directly accept gift vouchers as payment for any goods and services sold on the Site and we will pay the sellers a cash sum equivalent to the value of the gift voucher redeemed against us. Gift vouchers cannot be redeemed on the individual websites of any sellers on simbaandsloane.com
- Gift vouchers cannot be purchased in conjunction with any other goods on simbaandsloane.com in the same transaction.
- Gift vouchers cannot be used to purchase other gift vouchers.
- The maximum value of gift vouchers that can be purchased in any one order is £500.
- One or more gift vouchers can be redeemed against a single order.
- We shall not be responsible if a gift voucher is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission.
- We cannot be held responsible for gift vouchers that cannot be delivered due to the recipient’s spam filters, firewalls, capacity of the mailbox or any other factors outside of our control.
- A gift voucher may be cancelled and refunded to the purchaser, provided that the purchaser cancels such gift voucher within seven (7) working days of purchase of the gift voucher. Gift vouchers cannot be redeemed for cash and are not transferable or assignable.
- Gift vouchers must be redeemed within one year of the date of dispatch by us and will expire after such date.
- These gift vouchers are provided and operated by Simba and Sloane Ltd, Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX registered company no. 12643480
Promotional code terms and conditions
- By using a promotional code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
- The terms and conditions on the Site shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these promotional code terms and conditions.
- simbaandsloane.com promotional codes can only be used on simbaandsloane.com and towards the purchase of items currently featured on our Site, excluding delivery charges.
- Promotional codes are an arrangement between you and us, and not between you and the Seller. Promotional codes cannot be used on the individual websites of any Sellers on simbaandsloane.com.
- Promotional codes cannot be used in conjunction with any other offer on simbaandsloane.com, including (but not limited to) any other simbaandsloane.com promotional code, in the same transaction, or for the purchase of gift vouchers.
- The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges. Promotional codes are a combination of letters and numbers, eg, BHSLVST1234567, and should be entered on the payment page during checkout for the discount to apply.
- Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. Specific terms and conditions for each promotional code setting out any such limits can either be found in the communication you received with the code itself or on the specific promotional code terms and conditions page via the Site (eg, via an on-site banner).
- simbaandsloane.com reserves the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. Simba and Sloane Ltd may update these terms from time to time and reserves the right to add additional terms and conditions for specific promotional codes as and where necessary. You should review the promotional code terms and conditions periodically for changes.
- Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.
- Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.
- These promotional codes are provided and operated by Simba and Sloane Ltd, Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX with registered company number: 12643480
Last amended 1st June 2021