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Terms

Terms

We are Simba Sleep Limited (registration number: 09703422) of Mezzanine Floor, Southside Building, 105 Victoria Street, London, United Kingdom, SW1E 6QT. Our VAT number is GB230194343.

Please read these terms carefully. They apply to your use of our site, simbasleep.co.uk, and to any purchases you make via our site. These terms tell you who we are, how we will provide products to you, what to do if there is a problem and other important information. If you have any questions, please contact us by emailing hello@simbasleep.com. 

1. General

1.1 For the purpose of these terms, the following words shall have the following definitions:

(i) ‘we’, ‘us’ or ‘our’ refer to Simba Sleep Limited;
(ii) ‘you’ or ‘your’ refer to the person using our site to buy Products from us;
(iii) ‘Parties’ refers to both Simba Sleep Limited and you;
(iv) ‘Product’ or ‘Products’ refer to any Simba mattress, pillow, bed base, mattress protector or duvet; and
(v) ‘Special Delivery’ refers to any delivery option that is not the standard and least expensive method for delivery provided in the territory of sale.

1.2 By accessing our site or purchasing Products on our site you agree to be legally bound by these Terms and any documents referred to therein. Our Privacy Policy, delivery information, Returns Policy (as detailed on our website) and the information contained in our post-order correspondence with you, all form part of the contract for sale between the Parties as though set out in full here.
1.3 You may only buy Products from our site for non-business reasons. If you want to buy our Products for your business you should contact us on the details at the bottom of these terms to discuss our business to business terms.

2. Ordering Products from us

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 details relating to you order 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 the 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 will generally be for reasons which include, but are not limited to, the following.

i) the Products are unavailable;
ii) we cannot authorise your payment, for fraud/security reasons or otherwise;
iii) you are not allowed to buy the Products from us;
iv) we are not allowed to sell the Products to you;
v) you have ordered too many Products;
vi) there has been a mistake on the pricing or description of the Products (where permissible under applicable law).

2.3 We reserve the right to refuse to sell any Product to any person. In the unlikely event that we need to do this, we will notify you within a reasonable period. We will not refuse to sell a Product to you without a reason.
2.4 A legally binding contract will only exist between the Parties where we have received payment in full and you have received a shipping confirmation email. At this point, the contract is active and we will make arrangements to dispatch the Products to your stipulated delivery address, provided your order clears our fraud check process.

3. Payment

3.1 We accept payment via credit cards, debit cards, Apple Pay, SlimPay, Divido, Amazon Pay, eCheck and Paypal. 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 credit 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 need to be subsequently authorised by the relevant card issuer.
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 5 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. In such an instance, 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) for Products purchased in the UK or the national currency for Products purchased outside the UK.
3.8 The price includes VAT (and other applicable taxes) at the applicable rate and the cost of standard delivery.
3.9 The price excludes the cost of Special Delivery of the Products. Details regarding our delivery options, including Special Delivery, are available on the FAQ section of our webpage.

4. Discount Codes and Special Promotions

4.1 Any special promotion or discount code offered by us in relation to our products is offered on the basis of goodwill and Simba reserves the right to refuse to apply any special promotion or discount code subject to the below.
4.2 Without prejudice to clause 4.1, a special promotion or discount code will not be applied in circumstances which include, but are not limited to, the following.

(i) where the discount is calculated as a percentage of the original order value and the order value does not exceed £250;
(ii) where the discount is a set monetary value or additional free Product and there is not a mattress in the purchase order;
(iii) where a discount has already been applied to the purchase order;
(iv) where the expiry date, as specified in the material accompanying the discount code, has passed; or
(v) where the order has already been placed and payment has been received.

4.3 Discount codes are not transferable to any other person and are not redeemable for cash or credit.

5. Delivery

5.1 Standard delivery of Simba Products is free within the UK unless you have elected a Special Delivery option.
5.2 For UK standard deliveries, your Product will be delivered by your chosen delivery method (UPS or Silver X). For more information on our delivery options (including non-UK delivery), visit our webpage “Delivery Information".
5.3 The estimated date for delivery of the Products will be set out in the Shipping Email and will be within 30 days of receipt of the Order Confirmation. The specific time window for delivery will be made known to you by the delivery company.
5.4 If you want us to deliver to a different address you should notify us by email or telephone. In such an event, we make no guarantee that we will be able to change the delivery address in time for the Product to be delivered to the changed address.
5.5 Changing 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 In the unlikely event that something outside of our control affects the estimated date of delivery, we will notify you of the revised estimated date for delivery of the Products as soon as possible. Nothing in this clause affects your legal rights to cancel the contract.
5.7 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.
5.8 Where delivery is by UPS, 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 third-party contractor will not be liable for any damage to fixtures, fittings or the structure of the property (to the extent possible under applicable law). We accept no liability for the conduct of any UPS employee when delivering Simba Products.
5.9 Where delivery is by Silver X, delivery will be made by two persons to your door step or to a room of your choice inside the address. We request that Silver X deliveries are taken by an adult. If you wish for a minor to take the delivery please be aware that Silver X staff may enter the property to carry out their duties. We accept no liability for the conduct of any Silver X employee when delivering Simba Products.
5.10 The person[s] executing delivery will 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.
5.11 If nobody is available to take delivery, please contact us using the contact details at the bottom of this page.
5.12 Unless otherwise mutually agreed, if we cannot deliver your Products within 30 days, we will notify you by email; cancel your order and give you a full refund.

6. Right to cancel and return

6.1 As a statutory minimum you have the right to cancel any contract for sale with Simba and return any Products within 14 days of delivery of those Products without giving any reason.
6.2 Should you wish to return a pillow, duvet or mattress protector, the Product must remain ‘as delivered’ and, where possible, in its original packaging. In accordance with Section 28(3)(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, we consider that these products are not suitable for return because of hygiene reasons and, as such, we reserve the right to refuse any returned pillow, duvet or mattress protector which has been unsealed after delivery and exhibits any evidence of use within the first 14 days.
6.3 Alternatively, we may, in accordance with Section 34(9) of the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013, deduct any value lost as a result of your unreasonable handling of the pillow, duvet or mattress protector. (i.e. any use beyond what is necessary to establish their nature, characteristics and functioning).
6.4 To exercise your right to cancel, you must clearly notify us of your intention to cancel within 14 days of the date of delivery by email or in writing by completing and returning the model cancellation form set out at the end of these terms. Such a notice should include: your name; address; order number; date of order; date that your product was received. Please note, the address should only be used to notify us - please do not return any products to this address. 

7. 100 night trial

7.1 As a goodwill gesture, we agree to extend your right to cancel your order of a Simba mattress, for any reason, up to 100 days. All we ask is for you to tell us the reason for your cancellation. Failure to provide a reason may delay the collection of your mattress, but ultimately will not void your right to return the mattress under the 100 night trial.
7.2 The period to cancel expires at 24:00 on the 100th day since the date the mattress was delivered.
7.3 This right must be exercised within the 100 day period by the same method stipulated in clause 6.4.
7.4 Following a notice of your intention to cancel, collection must be arranged and executed not later than 14 days from the date that you notified us of your intent to cancel. Failure to arrange collection may, save any exceptional circumstances (which must be communicated to us), invalidate your right to cancel the contract.
7.5 You may only make and cancel a mattress order once under the 100 night trial. Any subsequent mattress ordered will not have the 100 night trial period, except as set out in clause 7.6.
7.6 Where a claim is made under the mattress guarantee or your statutory rights (contained in clause 11), and a replacement mattress is delivered to you, your 100 night trial will be paused and will continue upon receipt of the replacement. Claims under these rights will not limit your entitlement to 100 nights (in total) to trial the mattress (or any replacement).
7.7 The 100 night trial is offered on the basis of goodwill and as such we reserve the right to refuse the 100 night trial, including without limitation, where an individual is associated with a mattress manufacturer/brand or where we consider that the system is being abused by a customer who makes and cancels multiple orders without a legitimate reason.
7.8 The 100 night trial applies to mattresses only and no other Simba Products.
7.9 Provision of the 100 night trial does not affect your legal rights to cancel the contract under clause 6.

8. Refunds and Returns

8.1 If you cancel your contract for sale of a Product in accordance with clauses 6 (under your statutory rights) or 7 (under the 100 night trial), subject to these terms, we will refund you all payments received from you in relation to the contract, including the costs of delivery, except for any supplementary costs arising because you chose a Special Delivery option and/or any costs deducted in accordance with clause 8.2 or 8.3.
8.2 Where you have received a partial refund for late delivery or other issues with the order process, this is given as a good will gesture and as such the value of the partial refund will be deducted from the value of any full refund you would have been entitled to upon seeking to return the Product.
8.3 Where you have ordered Products under any of our special promotions and been supplied with an additional Product for free or at a discounted price, you are entitled to either return all Products and receive a full refund, or alternatively you may keep the additional Product and be refunded for the value of the returned Product minus the cost of the additional Product.
8.4 We will refund you without undue delay, and not later than:

(i) 14 days after the day we received back from you any Products supplied, or
(ii) If earlier, 14 days after the day you provide evidence that you have returned the Products, or
(iii) if there were no Products supplied, 14 days after the day on which you notified us of your intention to cancel the contract.

8.5 We will make the reimbursement using the same means of payment you used for the initial transaction, unless expressly agreed otherwise. 
8.6 Where you wish to return any Product[s] purchased in an order and a discount code has been applied, such discount will always be deducted from the value of your refund first. The refund you are entitled to will be the retail price of the Product[s] being returned minus the value of the discount applied. 
8.7 If you have received a mattress or bed base, we will ask you to communicate an appropriate date for collection, which must be no later than 14 days from the day on which you communicate your cancellation. If the date you proposed is agreed by us, we will collect the Products on the date stipulated without undue delay. Failure to communicate with us to arrange collection within the period allowed may void your rights to a return under the 100 night trial.
8.8 You may also arrange collection of pillows, duvets or mattress protectors with us as above, or alternatively request a returns label which will allow you to have your pillow collected from your nearest DPD drop off point.
8.9 You are responsible for packaging and passing the Product to our third-party collection company. We ask that you retain the original packaging for the purposes of returning a Product. If this is not possible, please package the Product in suitable alternative packaging.

9. Nature of the Products

9.1 Consumer Rights law requires that, as a statutory minimum, Products supplied to you must:

(i) be of satisfactory quality;
(ii) be fit for purpose;
(iii) match the description, sample or model.

9.2 We undertake to ensure that all goods we provide meet, if not exceed, your basic consumer rights.
9.3 Any Products supplied to you at discount prices; as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
9.4 Mattress sizes may vary slightly from their stated dimensions by up to 2cm, in line with standard manufacturing tolerances.

10. Faulty Products
10.1 Under your statutory rights, should your product exhibit defects during its expected lifespan, you are entitled to:

(i) a full refund within 30 days of purchasing the Product;
(ii) a replacement or repair within 6 months of purchasing the Product. If this is not possible, then you will be entitled to a full refund; or
(iii) if the Products do not last a reasonable length of time, you may be entitled to some money back within 6 years.

10.2 Nothing in this contract affects your statutory rights. You may also have other rights in law.
10.3 For more detailed information on these rights and what you should expect from us, please visit our FAQ’s web page; contact us using the contact details at the bottom of this page or, if you are a UK customer, visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06.

11. Guarantees

11.1 Simba guarantees to replace any faulty mattress which exhibits a material defect within 10 years of the delivery date, subject to the full terms set out here: (LINK).
11.2 Simba guarantees to replace any faulty pillow which exhibits a material defect within 3 years of the delivery date, subject to the full terms set out here: (LINK).
11.3 Simba guarantees to replace any faulty mattress protector or duvet which exhibits a material defect within 1 year of the delivery date, subject to the full terms set out here: (LINK)
11.4 Simba guarantees to replace any faulty bed base which exhibits a material defect within 1 year of the delivery date, subject to the full terms set out here (LINK)

12. End of the contract

12.1 Termination of this contract will not affect our right to receive any money which you owe to us under this contract. 
12.2 Save specific exceptions, we are not legally responsible for any losses that:

(i) were not foreseeable to the Parties when the contract was formed;
(ii) were not caused by any breach on our part;
(iii) are business losses; or
(iv) are losses to non-consumers.

12.3 For the avoidance of doubt, nothing in clause 12.2 limits our liability for death or personal injury.
12.4 The specific exception referred to in clause 12.2 applies to customers who are resident in Germany. We accept liability for damages caused by us; our statutory representatives; our employees or our agents for an unlimited amount in the case of intentional or gross negligence, as well as (regardless of the grade of culpability) in the case of injury to life, body or health and in the case of guarantees and liability under the German Product Liability Act. For cases of slight negligence, liability is limited to the typical foreseeable damages at the time this contract was made.

13. Disputes

13.1 We will try to resolve any disputes with you quickly and efficiently.
13.2 If you are unhappy with any Products supplied; your customer experience or any other matter please contact us as soon as possible by email at hello@simbasleep.com, or by telephone on 020 3750 6500 Monday to Sunday 9am to 10pm.
13.3 These Terms are governed by the laws of England and Wales. For residents in this jurisdiction, any dispute in relation to this contract will be heard by the courts of England and Wales. Residents outside England and Wales may bring a claim in the national courts of the relevant territory and under the applicable laws of that country.
13.4 Where you are resident in a non-UK jurisdiction, you will also benefit from the mandatory consumer protection laws afforded to you in that jurisdiction.

14. Third party rights

14.1 No one other than a party to this contract has any right to enforce any term of this contract in accordance with the Contracts (Rights of Third Parties) Act 1999.

15. Intellectual Property

15.1 Simba and Hybrid are registered trademarks of Simba Sleep Limited in certain jurisdictions. Our website may also include trademarks owned by third parties – all those trademarks are the property of their respective owners.
15.2 Copyright subsists in all Simba’s webpages including the images and texts featured therein.
 
If you don't understand any of this contract and/or want to talk to us about it, or want to discuss business to business terms please contact us by: e-mail at hello@simbasleep.com, or by telephone on 020 3750 6500 Monday to Sunday 9am to 10pm.
 
Model Cancellation Form - NOTE: do not return Products to the below address. 
(Complete and return this form only if you wish to withdraw from the contract - preferably by email: hello@simbasleep.com) 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
© Crown copyright 2013.

For claims in writing: Simba Sleep Limited (registration number: 09703422) of Mezzanine Southside Building, 105 Victoria Street, London, United Kingdom, SW1E 6QT.

This address is for notifying us of your cancellation only, please do not return Products to this address.