We are Simba Sleep Limited (UK registration number: 09703422) of 5th Floor, Halo, Counterslip, Bristol, United Kingdom, BS1 6AJ, trading as "Simba". Our VAT number is GB230194343.
Please read these terms ("Terms") carefully. They apply to your use of our website, simbasleep.com, other than sections of the website dealing with Contract products(“Website”); any purchases you make via our Website; and any goods you may seek to return.
These terms tell you who we are, how we will provide products to you, how you and we may change the contract (where a contract applies), what to do if there is a problem, when our Guarantees apply and the specific terms to which they are subject, and other important information. If you have any questions, please contact us by emailing email@example.com
1.1 For the purpose of these terms, the following words shall have the following definitions:
1.1.1 ‘we’, ‘us’, ‘Simba’ or ‘our’, whether capitalised or not, refers to Simba Sleep Limited.
1.1.2 ‘you’ or ‘your’, whether or not capitalised, refers to the person, as may be the case:
18.104.22.168 using our Website to buy Products from us or who has bought Products from us using our Website previously; or
22.214.171.124 who has bought or may buy Products from one of Simba’s Authorised Retailers in the context of interpreting clause 8 or clause 12 of these Terms as they may apply to them; or
126.96.36.199 who has bought or may buy Products from Simba via a channel other than the Website, or who has bought Products directly from us using a channel other than the Website previously in the context of interpreting clause 8 or clause 12 of these Terms as they may apply to them.
1.1.3 ‘Parties’ refers to both Simba Sleep Limited and you.
1.1.4 ‘Product’ or ‘Products’ refers to certain Simba mattress, mattress topper (whether or not manufactured with Aerocoil springs), pillow, pillowcase, bed slat base, bed linen, bed frame, mattress protector, fitted sheet, blanket, duvet set, duvet cover or duvet.
188.8.131.52 mattresses and other products which are offered to trade purchasers as part of Simba’s Contract product range via sections of our website including https://simbasleep.com/pages/contract-mattresses are expressly excluded from the general definition of a Product and the more specific individual definitions as applicable (for example, a Contract range mattress is not a “mattress”) under these Terms.
1.1.5 ‘Special Delivery’ refers to any delivery option that is not the standard and least expensive method for delivery provided in the territory of sale.
1.1.6 ‘Authorised Retailer’ refers to a retailer based in the UK authorised in writing by Simba to offer Simba Products, and who may also, separately, be authorised by Simba in writing to offer to end-user consumers Sleep Trials on terms similar to those set out under 8, and/or Guarantees under clause 12, on a point in time basis.
1.1.7 ‘Independent Inspection Agent’ means a third-party inspection service nominated by Simba or an Authorised Retailer, as may be applicable, to assess and inspect alleged faults, failures, or defects of Products where a claim is made under clause 12.
184.108.40.206 An Independent Inspection Agent’s decision, where an Authorised Retailer or Simba elect to instruct an Independent Inspection Agent, will be final and determinative.
1.1.8 ‘Mattress Recycling Service’ means the service described under clause 19.
1.1.9 ‘Simba Guarantee’ is defined in clause 12.0.
1.1.10 ‘Bed Frame’ means any complete bed Product sold by Simba, and includes upholstered bed frames, wooden beds frame, Divan-style beds, and Ottoman beds.
1.1.11 “bed slat base” means a specific wooden slat base Product designated as “Flex”, offered for sale by Simba for selected upholstered Bed Frame products only.
1.2 By accessing our Website, you agree to be legally bound by these Terms and any documents referred to therein.
1.3 You may only buy Products from our Website pursuant to these Terms for non-business reasons. If you wish to buy our Products for your business, whether for commercial use or for re-sale, you must contact us on the details at the bottom of these terms to discuss our business to business terms.
1.3.1 These Terms (including, but not limited to, the Guarantees offered under clause 12) are offered to end user consumer purchasers of Simba Products, solely and strictly for domestic use of the Products only.
1.3.2 Products obtained under these Terms which are used in whole or in part for any commercial purposes will no longer benefit from these Terms to the extent permitted by law.
1.3.3 If you wish to obtain our Products for business use, whether for commercial, hospitality, or for any other non-domestic use, for use in trade or commerce, or for sale or re-sale, you must contact us via the details set out at clause 22.
1.3.4 Simba reserves the right to decline to honour any order you may seek to make under these Terms which we believe is contrary to 1.3 or its subclauses, whether before or after acceptance of an order.
1.4 If we must contact you, we will do so by telephone or by writing to you at the email address or postal address which you provided to us when ordering.
1.5 Headings in these Terms are for illustrative purposes only and will not affect the interpretation of these Terms.
1.6 Claims for returns or refunds in respect of Simba Products, or replacement Simba Products, must be made to the original point of sale of any Product, in the territory of purchase. If there is any doubt as to who to contact for a return, claim, or replacement, please contact us by emailing firstname.lastname@example.org prior to returning or attempting to return any Product.
2.1 When placing an order on our Website, please read and check the details carefully before submitting it. You have the right to review and amend your details prior to concluding the contract. Although we may be able to amend your order details after your order has been made, we are under no obligation to do so.
2.2. When the checkout process has been completed and the order is placed, you will receive an email acknowledgement that your order has been received. This acknowledgement does not amount to our acceptance of your offer to buy.
2.3 We may contact you to say that we do not accept your offer. This may be for reasons which include, but are not limited to, the following illustrative examples;
2.3.1 the Products are unavailable;
2.3.2 we cannot authorise your payment, whether for fraud/security reasons or otherwise;
2.3.3 you are not allowed to buy the Products from us;
2.3.4 we are not allowed to sell the Products to you;
2.3.5 you have ordered too many Products;
2.3.6 there has been a mistake on the pricing or description of the Products (where permissible under applicable law);
2.3.7 a finance provider you’ve sought to use has been unable to authorise your transaction.
2.4 We reserve the right to refuse to sell any Product to any person. In the unlikely event that we elect to do this or are required to do this, we will notify you within a reasonable period and not charge you for the Product.
2.5 We require certain information from you so that we can supply Products to you, including without limitation, your address, email address and phone number. If you supply incomplete or incorrect information, or do not supply the necessary information within a reasonable time of us asking for it, we may end the contract, including, without limitation, via operation of clause 9.4.1’s subclauses.
2.5.1 We will not be responsible for supplying any services (including, but not limited to, the Mattress Recycling Service) or any Products late if this is caused by you giving us incomplete or incorrect information or where you fail to provide the necessary information within a reasonable time of us requesting it.
2.6 A legally binding contract will only exist between the Parties where we have received payment in full or where payment for your order has been facilitated via a third-party provider such as a lender (see clause 18), and you have received a shipping confirmation email. At this point, the contract is active, and we will make the necessary arrangements to dispatch the Products to your stipulated delivery address, provided that your order clears our fraud check process. We will also provide you with an order number. It will help us if you can tell us your order number whenever you contact us about your order.
3.1 We accept payment via methods set out on our Website, including completing orders via a third party lenders (see clause 18).Methods via which we accept payment on the Website may be varied from time to time, and further details are available on the Website. We do not accept cash payments.
3.2 We will take all reasonable steps to ensure all the information provided by you during payment is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be liable for any loss that you may incur in the unlikely event that a third party gains unauthorised access to any information you provide to us.
3.3 Where you have paid by with a credit card or debit card, the card will be charged at the time your payment is approved by us. However, all payments by credit card or debit card must subsequently be authorised by the relevant card issuer. There will be no surcharge where you pay by credit card or debit card.
3.4 If you have paid for Products which we cannot supply we will refund you as soon as possible and in any event within 7 days of receipt of payment.
3.5 If your payment is not received by us, and you have already received the Products, you must pay for the Products within 14 days, or return them to us as soon as possible. If this occurs, you must keep the Products in your possession, take reasonable care of them (following any instructions or manuals given with the Products), and not use them before returning them to us.
3.6 Failure to return Products which have not been paid for within 14 days, entitles us to collect the Products from you at your expense, including any loss of value the Products may have incurred while in your possession.
3.7 The price of the Products is listed and payable in pounds sterling (£)(GBP).
3.8 The price includes VAT (and other applicable taxes) at the applicable rate, and the cost of standard delivery. The price excludes the cost of any Special Delivery of the Products pursuant to clause 5.1, or delivery to certain postcodes with prefixes set out at clause 5.1.1.
3.9 Details regarding our delivery options, including Special Delivery, are available on our web page: https://simbasleep.com/pages/delivery-information For further information, please contact us by emailing email@example.com
3.10 It is always possible that, despite our best efforts, a Product may be incorrectly priced. If any Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious, unmistakeable, or could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums paid, and require the return of the Products.
4.1 Any discount code offered by us in relation to our Products is offered on the basis of our goodwill, and we reserve the right to refuse or decline to apply or honour any discount code at our discretion.
4.2 Without prejudice to clause 4.1, a discount code will not be applied in circumstances which include, but are not limited to, the following.
4.2.1 where the discount is a set monetary value contingent on a mattress being ordered and there is not a mattress in the purchase order;
4.2.2 where a discount has already been applied to the purchase order (including in the case of a Product bundle). For clarity, Simba will not apply more than one discount per order (a Product bundle constituting one discount);
4.2.3 where the expiry date, as specified in the material accompanying the discount code, has passed; or
4.2.4 where the order has already been placed and payment has been received without a discount being properly applied at the time of the order being placed or payment being received.
4.3 Discount codes are not transferable to any other person and are not redeemable for cash or credit.
5.1 Standard delivery of Simba Products should be free of charge to addresses within the UK to which Simba is able to deliver products (see exclusions under Clause 5.1.2), unless a Special Delivery option is selected, or where delivery is to a postcode prefix which follows in Clause 5.1.1
5.1.1. Please note that delivery charges remain under constant review, and where surcharges to Simba for a relevant area are applied, Simba may pass these on to customers within these areas. For confirmation, please contact us by emailing firstname.lastname@example.org. Delivery, standard or otherwise, to addresses in postcodes with prefixes BT, HS, IM, IV,KA, KW, PA, PH, SI, TR, and ZE may be subject to additional charges.
5.1.2 Simba is unable to facilitate delivery of Simba Products to postcodes with prefixes GY or JE.
5.2 The estimated date for delivery of the Products will, unless otherwise specified, be the date selected by you, and will be set out in the Shipping Email.
5.3 The date for delivery should be within 3 months of the purchase date. Delivery shall be executed without undue delay.
5.4 Our delivery partners will communicate the specific time window for delivery to you directly.
5.5 If you want us to deliver to a different address than to the address to which you ordered your Products, you should notify us by email. We make no assurance that we will be able to change the delivery address in time for an order to be directed to a different address than to which you ordered in the first instance.
5.6 Requesting a change to your delivery address after the contract exists may cause your order to be delayed as we may, at our discretion, require extra fraud/security checks.
5.6.1 Some payment providers may have specific terms or rules which preclude us from changing the delivery address after you have made your order.
5.6.2 At our discretion, or upon the request or instruction of our payment providers, a request to change your delivery address may result in a full or partial cancellation of any order.
5.7 In the unlikely event that something outside of our control impacts the estimated date of delivery, we will notify you of the revised estimated date for delivery of the Products as soon as possible. We will take all reasonable steps to minimise the impact of such delay, and provided that we do this, we will not be liable for delays caused by events which are outside our control. Nothing in this clause affects your legal rights to cancel the contract.
5.8 Delivery will be effective from the time that the Products are delivered to the address provided by you in the ordering process. Responsibility for the Products passes upon completion of effective delivery.
5.9 Where delivery is completed by a “1 person service” delivery partner (such as DPD), delivery will be to the doorstep of the property at the given address. If, at your request, the Products are taken anywhere else on the property when delivered, then we and any “1 person service” delivery partner’s employees, agents, or contractors.
5.10 Where delivery is completed by a “2-person service” delivery partner (such as Expert Logistics Limited t/a AO Logistics), delivery will be made by two persons to your doorstep or to a room of your choice inside the address. We request that 2-person service deliveries are accepted by an adult. If you wish for a minor to take the delivery, please be aware that 2-person service staff may enter the property to carry out their duties. Simba will not be liable for any damage to fixtures, fittings or the structure of the property or any injury to any person. We accept no liability for the conduct of any “2-person service” delivery partner’s employees, agents or contractors when delivering Simba Products.
5.11 The person or persons executing delivery may not ask the recipient of the delivery for any form of ID and will not make any other attempt to verify that the recipient is you or a person authorised by you to accept delivery of the Products. For this reason, we advise that you are present during the time of delivery to ensure that you receive the Product directly.
5.12 If nobody is available to take delivery, please contact us by emailing email@example.com. We will contact you to notify you of how to rearrange delivery of the Product. If, despite our reasonable efforts, we are unable to contact you to rearrange delivery, we may elect to end the contract.
5.13 Unless otherwise mutually agreed, if we cannot deliver your Products within 30 days of the date you requested, we will notify you by email, cancel your order, and give you a full refund.
5.14 We accept no liability for any consequential or indirect losses incurred during a delivery or collection, or in relation to you or any other person waiting for a delivery or a collection. Examples of consequential and indirect losses excluded include, but are not limited to;
5.14.1 costs or losses incurred owing to time taken off work, or time taken as annual leave, to wait for a delivery of any Products, whether or not the delivery occurs; and/or
5.14.2 costs or losses incurred owing to time taken off work, or time taken as annual leave, to wait for the collection of Products, or collection of a mattress under our Mattress Recycling Service , whether or not the collection occurs, and/or
5.14.3 costs or losses incurred from instructing another person to facilitate a collection of Products, or collection of a mattress under our Mattress Recycling Service or a cognate service offered by another supplier whether offered in conjunction with another Product or otherwise, whether or not the collection occurs.
5.15 Certain Products may be subject to Special Delivery methods without additional costs. See https://simbasleep.com/pages/delivery-information for more information.