Terms

Terms 

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), information about delivery and collection services, what we may offer in promotins, what to do if there is a problem with a product, when our Simba 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 hello@simbasleep.com  

 1.0 Definitions and interpretation 

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:  

1.1.2.1 using our Website to buy Products from us or who has bought Products from us using our Website previously; or  

1.1.2.2 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   

1.1.2.3 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; or   

1.1.2.4 who is seeking to determine whether or not they were, are, or remain a member of a Consumer Group and eligible to redeem a Collective Discount, each term as defined herein, as not all offers made by third parties (whether or not these constitute a Third Party Offer) available for redemption on the Website are Collective Discounts relevant to Consumer Groups. 

1.1.3 ‘Parties’ refers to both Simba Sleep Limited and you, where applicable.  

1.1.4 ‘Product’ or ‘Products’ refers to certain mattresses, 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. Unless excluded in the relevant clauses herein, a Product also includes a Clothing Product.  

1.1.4.1 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.  

1.1.4.2 We may offer goods and/or services on the Website which are not captured within the definition of a Product in clause 1.1.4 above. 

1.1.4.2.1 Insurance related products (‘Insurance Offering’, defined below) are not captured within the definition of a Product. 

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.  

1.1.7.1 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.  

1.1.10 ‘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. 

1.1.12 You may be a member of a ‘Consumer Group’ where you meet one or more of the following criteria in respect of your occupation; healthcare sector worker; education sector worker; emergency service sector worker; border or immigration worker; military personnel; charitable or community worker; student; and carers, and/or you are a young person, for these purposes aged under the age of 26, at the time of a purchase from our Website. Specific conditions of use and ongoing eligibility apply to Collective Discounts as set out in clause 4.5 and subclauses thereof. 

1.1.13 ‘Collective Discount’ means a promotional or not dissimilar offer (including, but not limited to, a discount on Product prices) available via checking out a cart containing products on our Website which is only available to members of a Consumer Group whose status has been verified by an external third party entity designated by Simba. 

1.1.13.1 You must not assume that being a member of a third party administered membership scheme which has a relationship with Simba renders you eligible for a Collective Discount. Additionally, specific conditions of use apply to Collective Discounts as set out in clause 4.5 and subclauses thereof. 

1.1.14 ‘Insurance Offering’ means any insurance against accidental damage product or service available via the Website underwritten by a third party whose details are displayed on the Website applicable to certain Products. 

1.1.15 ‘Clothing Products’ means goods such as slippers or pajamas designed to be worn as garments or footwear. 

1.1.16 ‘Finance’ means a method of paying for Products, or Products and Insurance Offering to obtain products from Simba, via a means allowing for interest bearing installment payments to a third party to be made by you, or which via other means defers full payment by you to Simba to obtain Products from Simba, via a third party. 

1.1.17 ‘Third Party Promoter’ means parties other than Simba which promote offers accessible via various mechanisms which are redeemable on the website, authorised by Simba. 

1.1.18 ‘Third Party Offer’ means various promotional offers which may be available to You, if You are a member of a Consumer Group eligible for a Collective Discount under the Simba General Terms, or any other discount by virtue of your membership of a scheme administered by a Third Party Promoter, or an offer made by a Third Party Promoter to consumers regarding Simba, subject and pursuant to the relevant membership terms and/or promotional offer terms Third Party Promoter may promote via diverse channels, including, but not limited to, Third Party Promoter controlled websites, email lists, or integrations on our Website, as applicable, which specifically reference a Third Party Offer. 

1.1.19 ‘Consumer Collects’ means a service in place of delivery via which Simba makes available via a third-party service Products available for collection by you or your agent or assign from a location within the service’s network. 

1.1.20 ‘Terms & Conditions’ means terms which may be or are applicable to you owing to your relationship with another party in connection with any transaction with Simba. 

1.2 By accessing our Website, you agree to be legally bound by these Terms and any documents referred to therein. If you do not agree, you must cease use of the Website immediately.  

1.2.1 Our Privacy Policy, delivery information, returns policy (as detailed on our Website), hyperlinked documents (including, but not limited to, Guarantee terms briefly particularised under clause 12 which are subject to detailed individual documents hyperlinked elsewhere 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 in these Terms.  

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 You may not buy Insurance Offerings for any non-private, domestic use reasons, or for re-sale, from Simba. 
  
1.3.2 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 private, domestic use of the Products only.   

1.3.3 Products obtained under these Terms, which are used in whole or in part for any non-private, non-domestic purposes will not benefit from these Terms to the extent permitted by law.   

1.3.4 If you wish to obtain our Products for any non-private, non-domestic use, whether for commercial, hospitality, or for any other non-domestic use whatsoever, whether for use in trade or commerce (including, but not limited to, situations in which you are a landlord and allow the use of any Product by a tenant in a property in respect of which you are a landlord), or for sale or re-sale or otherwise, you must contact us via the details set out at clause 22.   

1.3.5 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 hello@simbasleep.com prior to returning or attempting to return any Product.  

  2.0 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 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 or other third party payment provider you’ve sought to use has been unable to authorise your transaction; 
2.3.8 where you sought to redeem any promotional offer or discount, and we suspect that you were ineligible to access or redeem that promotional offer or discount; or 
2.3.9 you seek to purchase an Insurance Offering which cannot be applied to the content or any part of the content of your cart for any reason. 

2.4 We reserve the right to refuse to sell any Product to any person for any reason whatsoever. 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 in respect of an order 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 third party payment provider or Finance provider, and you have received a shipping confirmation email. At this point, the contract between you and Simba 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.  

2.7 Separate, legally binding contracts with different times and dates of commencement may be created between you and other parties based on information you may submit on our Website or via widgets on our website, or in a process whereby you are redirected off and back on to our Website in respect of submitting information to; 

2.7.1 third party payment providers and Finance providers; Refer to clause 18 of these Terms for more information, or; 

2.7.2 an Insurance Offering; Refer to clause 18 of these Terms for more information -or; 

2.7.3 Third Party Promoters. 

3.0 Payment  

3.1 We accept payment via methods set out on our Website, including completing orders via third party providers of Finance (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.  

3.1.1 Certain payment methods (including, but not limited to, Finance payment methods) may not be available to purchase Insurance Offerings, owing to specific requirements applicable to those payment methods. 

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 directly, 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 to us directly. 

3.3.1 Various payment methods (including, but not limited to, SplitIt), may allow payment or part of a payment process to be commenced or completed via inputting of your credit card information, whether or not this is a Finance method of payment, and such a part payment is not a credit card payment made to Simba directly. 

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 hello@simbasleep.com   

3.10 It is always possible that, despite our best efforts, a Product may be incorrectly priced, whether or not that price should or should not have included any discount or promotional saving as contemplated in clause 4. 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, unmistakable, 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.  

3.11 Specific and separate Terms & Conditions Apply beyond these Terms, which will be specified to you by third party providers of Finance or by other payment providers, where you elect to obtain Products and/or Insurance Offering via Finance, or via certain payment providers (including, but not limited to, where payment is made via PayPal and its various differing methods of payment), may apply to you. Refer to clause 18 of these Terms for more information. 

   

4.0 Discount offers and promotions 

4.1 We may offer discounts, whether via discount codes, promotional codes, vouchers, coupons, tokens, or other similar offers to visitors to our Website and via other means. 

4.1.1 We may have legal obligations which require us to cease to promote or offer a Product during the course of a promotion, and we may cease to offer one or multiple Products, or combinations of Products, during the course of a promotion at any discount, at different times, without notice. 

4.1.2 You or a Third Party Promoter may supply in our shopping cart, or a third-party integration may cause to be supplied in our shopping cart, a discount code, promotional code, voucher, coupon, token, or other means of transmitting information constituting access to a discount or a promotion (including, by way of illustrative example, a Collective Discount) as part of a Third Party Offer. 

4.1.3 Any discount or promotional offer 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 or promotion so offered at our discretion.  

4.2 Without prejudice to clause 4.1, a discount or promotion  will not be applied in circumstances which include, but are not limited to, the following.  

4.2.1 where a an offer  is available  contingent on a particular product being ordered and that product is not ordered (including, but not limited to, where a mattress being ordered is a condition of receiving free Products, and there is not a mattress in the order);  

4.2.2 where a price saving on the basis of a combination purchase has already been applied to the purchase order. For clarity, Simba will not apply more than one saving per order;  

4.2.3 where the expiry date, as specified in the material (including, but not limited to, any general eligibility promotional offer, or a Collective Discount)  accompanying the discount messaging or promotion, has passed; or  

4.2.4 where the order has already been placed and payment has been received without a discount code, for which you or a Third Party Promoter had responsibility for entry or transmission during the checkout process, whether this was not entered or transmitted in the first instance or where this was entered or transmitted incorrectly at the point of checkout.  

4.3 Discounts and promotions which are provided by Simba or a Third Party Promoter are not transferable to any other person and are not redeemable for cash or credit.  

4.4 Service fees of all kinds (where applicable) including, but not limited to, delivery, Special Delivery or Mattress Recycling Service fees, and any Insurance Offerings, are always excluded from all discount and promotional offerings whether or not any discount is calculated or applicable based on a cart value. 

4.5 Specific, additional terms apply to any instance where you use or seek to use any Collective Discount, via redeeming or attempting to redeem a Collective Discount directly or via a third party integration (including, but not limited to, via a “widget”) pursuant to the subclauses of this clause 4.5. 

4.5.1 Where you or a Third Party Promoter supply in our shopping cart, or a third party integration may cause to be supplied in our shopping cart or otherwise into our system, a discount code, promotional code, voucher, coupon, token, or other means of transmitting information as a Third Party Offer which indicates that, based on a designated Third Party Promoter’s verification of your status, you are a member of a Consumer Group, and entitled to access a closed eligibility promotional offer within the meaning of this clause 4’s subclauses available only to members of a defined Consumer Group, you irrevocably warrant and represent to Simba that at the time of the purchase in which the Collective Discount is redeemed or in which a Collective Discount is sought to be redeemed; 

4.5.1.1 you are a member of a Consumer Group as defined at clause 1.1.12 and your status as a member of a Consumer Group remains in full force and effect, and regardless of your verification status with any Third Party Promoter designated by Simba to conduct verification, you remain a member of the same Consumer Group in respect of which you have been verified previously, at the time of purchase, having made due inquiry. Examples of circumstances you must consider are provided at clauses 4.5.1.1.1 through 4.5.1.1.1.3 inclusive below. 

4.5.1.1.1 An example person, person A, was 25 years of age in December 2024 and met no other Consumer Group eligibility definitions at that time. In December 2024, that person A was verified to be a young person within the meaning of clause 1.1.12 by a Third Party Promoter being an external entity designated by Simba to conduct verifications of Consumer Group status, at that moment in time. Another example person, person B, is a Major in the British Army in December 2024 and met no other Consumer Group eligibility definitions at that time. In December 2024, based on being a Major in the British Army, person B was verified to be a member of military personnel within the meaning of clause 1.1.12 by a Third Party Promoter being an external entity designated by Simba to conduct verifications of Consumer Group status, at that moment in time. Subsequent to their verifications by a Third Party Promoter designated by Simba to conduct verifications of Consumer Group status, Person A turns 26 years of age in January 2025 upon person A’s birthday, and Person B completes the retirement process involved in separating from the British Army in January 2025 and is no longer an employee of the British Army from the date of separation. In February 2025, each of example person A and example person B seeks to redeem a Collective Discount based on their respective prior verifications as each being a member of a Consumer Group by a Third Party Promoter. 

4.5.1.1.2 The example person A referred to in 4.5.1.1.1 ceases to be a young person for the purposes of the Consumer Group definition set out at 1.1.12 on their 26th birthday. Person A does not meet the definition of a member of the young people Consumer Group in February 2025 because the example person A has not met the definition of a young person for the purposes of these Terms set out at 1.1.12 since their 26th birthday in January 2025. Person A derives no benefit from having previously been a young person, which is to say, Person A, whether a framed as a former or retired young person, derives no Consumer Group status for Person A’s previous eligibility. 

4.5.1.1.3 In the same manner that the example person as given in the example in 4.5.1.1.2 who is aged 26 or more years of age in February 2025 was not a member of the young person Consumer Group after their 26th birthday in January 2025, person B, despite previously having been a person who was a Major in the British Army, retired from the British Army and completed the separation process in January 2025. Whether or not Person B was entitled by courtesy, law, or custom, to retain the title of Major of the British Army following retirement from the British Army, person B  ceased to be a member of the military personnel Consumer Group. The example person B has not met the definition of military personnel for the purposes of these Terms set out at 1.1.12 since their retirement from the British Army in January 2025. As with Person A, Person B is not a member of a Consumer Group by virtue of any previous occupation or status, whether the person retired from that occupation or status, or that person otherwise ceased to be engaged in that occupation or to meet that status by passage of time or any other mechanism. 

4.5.1.2 it is your genuine status as a member of a Consumer Group that has been verified by a Third Party Promoter designated by Simba to verify your status as a member of a Consumer Group, and not someone else’s present status or a fictional present status of yours or any alias as a member of a Consumer Group which has been verified by a Third Party Promoter designated by Simba to verify such status. 

4.5.2 you are eligible to redeem a Collective Discount not otherwise than in accordance with any Collective Discount’s distinct specific terms and conditions as described in a separate document stipulating the Collective Discount’s terms and conditions as part of a Third Party Offer, as specific and separate Terms & Conditions Apply beyond these Terms in respect of Collective Discounts; and 

4.5.3 the third party provider designated by Simba which verified your membership of a Collective Group as part of offering you a specific Third Party Offer which is based on your membership of a Consumer Group is so designated by Simba to verify your status as a member of that Consumer Group at the time at which you make the redemption. 

4.5.4 Simba cannot verify your status as a member of a Consumer Group. Simba must rely on a designated Third Party Provider’s assessment of your membership of a Consumer Group to establish your initial eligibility for a Collective Discount. 

4.5.5 Simba does not control the processes used by any Third Party Promoter as regards the handling of your personal data. Simba has no influence over the process via which a Third Party Promoter processes their assessment. 

4.5.6 Not all Third Party Promoters are designated by Simba to verify Consumer Group membership for the purposes of a consumer accessing a Collective Discount. 

4.5.7 Third Party Promoters designated by Simba for the purposes of making Third Party Offers and those Third Party Promoters so designated to verify membership of a given Consumer Group for the purposes of redeeming Collective Discounts by Simba, and/or the third party entities designated by Simba for the purposes of verifying differing bases of eligibility for differing Consumer Groups, are subject to change without notice. 

4.5.8 For information on entities designated by Simba for the purposes of verifying a particular Consumer Group’s membership as of today, or to confirm whether or not a Third Party Offer is genuine, you should contact us by emailing hello@simbasleep.com. 

5.0 Delivery and Consumer Collects services 

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 unless a Special Delivery option is selected, or where delivery is to a postcode prefix which follows in Clause 5.1.1 where we are able to deliver to such postcodes.   

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 hello@simbasleep.com. 

5.1.1.1 Delivery, standard or otherwise, to addresses in postcodes with prefixes AB, BT, DD,  HS, GY, JE, IM, IV, KA, KW, PA, PH, SI, TR, and ZE may not be achievable, or may be subject to additional charges. Please contact us for more information by emailing hello@simbasleep.com 

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 generally communicate the specific time window for delivery to you directly. In some cases, Simba may communicate the delivery window to you. 

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 of Products 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.  

5.8.1 Simba does not offer an assembly service as a distinct service offering. Assembly may be included with delivery (including, but not limited to, as part of a VIP delivery service option as described at https://simbasleep.com/pages/delivery-information) whether or not an extra charge is payable, as an ancillary service to delivery, where offered by Simba on the Website. 

5.8.2 Simba does not offer packaging removal as a distinct service offering. Packaging removal may be included with delivery (including, but not limited to, VIP delivery options as described at https://simbasleep.com/pages/delivery-information) whether or not an extra charge is payable, as an ancillary service to delivery, where offered by Simba on the Website. 

5.8.3 Where offered, any ancillary services to delivery offered as part of a delivery service where offered by Simba on the Website, whether at an additional charge or not, has no bearing on responsibility for the Products passing to you at the point of delivery. Any ancillary service offered by Simba to you whether at an additional charge or not, is part of the delivery service itself more broadly. 

5.8.4 Ancillary services must be arranged with Simba preferably at the point of ordering, or not later than 72 hours in advance of delivery. A request for ancillary services is not an arrangement for Simba’s third party providers to deliver those service. Arrangement requires confirmation of the agreed ancillary services to be provided by Simba or by Simba’s third party. 

5.8.5 Simba only offers ancillary services to delivery via the Website or via its customer experience team at Simba. Simba cannot be responsible for any ancillary services you accept or agree with any delivery partner not agreed previously with Simba directly. 

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. 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 “1 person service” delivery partner’s employees, agents or contractors when delivering Simba Products.  

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 hello@simbasleep.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 with or without additional costs, and additional services such as assembly of Products after delivery may be available with or without additional costs, subject to our ongoing commitment to continuous improvement. See https://simbasleep.com/pages/delivery-information for more information.  

5.16 Where offered on our Website, you may select a Consumer Collects service (including, but not limited to, Click and Collect) rather than selecting a delivery service. Specific and separate Terms & Conditions Apply beyond these Terms in respect of using such a Consumer Collects service. 

5.16.1 Notwithstanding the fact of collection, the general conception of delivery and responsibility for Products you or your agent or assign pick up or attempt to pick up Products via a Consumer Collects service occurs pursuant to and within the scope of the separate and specific Terms & Conditions of any Consumer Collects service. 

5.16.2 Simba will not be liable for any damage to property or any injury to any person associated with use or attempted use of any Consumer Collects service whether at the point of delivery or afterwards, and whether at the delivery location or elsewhere (including, but not limited to, during you loading Simba Products into a vehicle).  

5.16.3 Simba accepts no liability for any Consumer Collects service’s employees, agents or contractors in connection with making Simba Products available to you for collection, or during or after collection.  

5.16.3.1 Consumer Collects services making the Simba Products available to you at a designated point of collection completes delivery in using this service. 

5.16.4 Fees and charges beyond those described on the Website may apply pursuant to a consumer collection service’s specific and separate Terms & Conditions (including, but not limited to, where you seek to have a Product ordered from Simba moved by the consumer collection service to another location), and it is a matter for consumers to confirm directly with third party providers of consumer collections providers the Terms & Conditions applicable prior to purchase. 

5.17 For the purposes of delivery via methods other than Consumer Collects services, you or your agent or assign are responsible for ensuring that the conditions and arrangement of the address are such that the objects for which you have scheduled a delivery can be delivered safely and without damage to contents, chattels, fixtures or fittings of the address, or the structure of the property itself, or risking any injury to any person.  

5.17.1 If any delivery is reasonably deemed to carry more than a trivial risk of damage to the address, or to any contents, chattels, fixtures or fittings or to the structure of the  property itself or risks any injury to any person, by the delivery agent or their contractor or assign, then you or your agent or assign may be required to agree a disclaimer absolving the agent involved in the action of delivery (including, but not limited to, any consumer collection service’s agent) of liability in respect of the delivery and any injury or damage which results therefrom.  

5.17.2  Refusal to agree such disclaimer will result in the delivery not being executed; neither Simba nor the delivery agent or their contractor or assign will have any liability in respect of the foregoing circumstance. 

5.18 Simba will not be liable for any damage to fixtures, fittings or the structure of the property or any injury to any person in connection with any delivery of any object. We accept no liability for the conduct of any delivery agent’s employees, agents or contractors when the delivery of any object is occurring howsoever delivery occurs.  

 

6.0 Changes to the Contract  

 

6.1 If you wish to make changes to, or wholly substitute, a Product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply, or any other necessary information which results from your requested change, and we will ask you to confirm whether you wish to go ahead with the change.  

6.2 We may make minor changes to the Products compared with what is displayed in visual assets to reflect changes in relevant laws and regulatory requirements.  

6.3 If we must make significant changes to the Products or these Terms during the time between you completing a checkout process and the completion of delivery of Products to you, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.  

   

7.0 Right to cancel and return  

7.1 As a statutory minimum, when you purchase Products from us via our Website, you have the right to cancel any contract for sale with us and return any Products, whether new or refurbished, within 14 days of delivery of those Products without giving any reason. However, this must be read and understood in conjunction with Clause 7.2 below.  

7.1.1 Contract range products, including mattresses, which are offered only to trade customers pursuant to trade terms, are expressly excluded from these Terms under clause 1.1.4.1, and are excluded from consumer protections to the extent permissible by law.  

7.2 Should you wish to return any pillow, pillowcase, mattress protector, fitted sheet, blanket, duvet cover, duvet set, or duvet, or Clothing Product, the Product must remain ‘as delivered’ and, where possible, sealed in the packaging in which it was supplied to you by Simba. In accordance with Section 28(3)(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, we consider that specific Products which are listed in this clause 7.2 may not be suitable for return where they have been used because of hygiene reasons and, as such, we reserve the right to refuse any returned pillow, pillowcase, mattress protector, fitted sheet, blanket, duvet cover, duvet set, or duvet, or Clothing Product, which has been unsealed after delivery, or which exhibits any evidence of use within the first 14 days.     

7.3 We may, in accordance with Section 34(9) of the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013, if on accepting a return, we may deduct any value lost as a result of your unreasonable handling of any Product not subject to a 200-Night Bed and Topper Trial or 200-Night Mattress Trial  whether that product was offered as new or refurbished by Simba. 

7.3.1 If we elect to refund you the price paid before we can inspect such Product or Products as are considered in term 7.3, and we later discover that you appear to have handled them in an unreasonable  manner during your possession of them, we will require you to pay an appropriate amount for the value lost. 

7.4 To exercise a right to cancel as set out in Clause 7.1 or to commence a return as otherwise prescribed in these Terms, you must clearly notify us of your intention to cancel and your reason within 14 days of the date of delivery (or within any relevant period prescribed elsewhere to commence a return or cancel an order as in these Terms) by email, phone or in writing; or by completing and returning the model cancellation form set out at the end of these terms. Such a notice must include: your name; address; order number; date of order; date that the relevant Product was received. You must also comply with Clause 9.4.  

7.5 Following a notice of your intention to return any Product for any reason, collection must be arranged and executed not later than 14 days from the date that you notified us of your intention to cancel. You must comply with clause 9.5, and its subclauses as may be applicable. Failure to arrange collection may, save any exceptional circumstances (which must be communicated to us, and acceptance of same being subject to our discretion), invalidate your right to cancel the contract.   

7.6 Any return of Simba Products; whether pursuant to your statutory rights (as set out or qualified in Clauses 7.1 to 7.9); our 200-Night Bed and Topper Trial (see Clause 8.1 to 8.12); our 200-Night Mattress Trial (see Clauses 8.13 to 8.22) ), our extended returns policies (see Clause 7.10) or our other Product guarantees (see Clauses 12.1 to 12.7); may only be made in the territory in which the Products were delivered, and to/via the original point of sale from which they were bought, as set out in Clause 1.6. Products purchased from an Authorised Retailer must be returned to that retailer, in accordance with the Authorised Retailer’s return process.   

7.6.1 The 200-Night Mattress Trial may be offered in other circumstances at the sole discretion of Simba Sleep.  

7.7 Delivery and collection of Products must occur to and from the same address, and save exceptional circumstances, which must be communicated to us in advance, collections must be completed during the same visit as the delivery.  

7.8 Where you return a Product which is not in a returnable condition as set out in clause 7.2 or which we assesses as requiring a deduction from any refund under clause 7.3, we will, upon your request, send that Product back to you without processing the refund (whether in full or on a deducted basis); however, the expense for such return will be borne by you. If you fail to communicate with us to coordinate this within 30 days, we may dispose of any such Product which is not in a returnable condition as set out in clause 7.2 or in respect of which you do not agree a deduction under clause 7.3 responsibly.   

7.9 Ensuring that any product is in a returnable condition in line with clause 7.2, or that you will receive a full or the expected amount of refund considering a deduction under clause 7.3, or otherwise, irrespective of the way in which the return is carried out, is your responsibility. We may decline to accept any product which has been damaged in any circumstances prior to Simba or Simba’s agents taking possession of a Product (including, but not limited to, where you have by accident or otherwise allowed a Product subject to a return to become damaged, or where your actions contribute to or cause the loss or theft of any Product, such as where you leave any Product outside your premises for collection, or allow the Product to be subjected to weather conditions inconsistent with the intended use of products indoors).  

7.10 Certain Products sold by Simba may be returned to Simba for a refund within 30 days of purchase by complying with the return process obligations set out in Clause 7.2 to 7.9 as applicable, subject to the exclusions set out in Clauses 7.11 and 7.12 as may be applicable. These products include;  
7.10.1 Products sold as new by Simba – Clothing Products, cot bed mattresses, pillows, Orbit™️ blanket, duvets, and mattress protectors.  
7.10.2 Products sold as refurbished by Simba – mattresses (excluding cot bed mattresses), bed frames, mattress toppers manufactured with Aerocoil springs, bed slat bases, pillows, Orbit™️ blanket, duvets, and mattress protectors.  

7.11 Simba shall not be obliged to accept a return of a refurbished mattress under Clause 7.10 where;  

7.11.1 there is evidence that a refurbished mattress is stained, ripped, torn, or which suggests or otherwise indicates the mattress has sustained any other damage or degradation whether due to negligence, wilful damage, or otherwise;  

7.11.2 where Simba perceives or suspects any dishonesty, misrepresentation, or misconduct on your part in your dealings or communications with us, including, but not limited to, obstructing or failing to engage in the process of completing a return as set out in Clause 9.4; or  

7.11.3 there is evidence to suggest an attempt to deconstruct, or that you have deconstructed, the internal layers of the mattress, including, without limitation, where you have accessed, or have attempted to access;  

7.11.3.1 the contents of the sealed latex layer in a “GO” mattress, or   

7.11.3.2 the springs in any mattress.  

7.12 Simba shall not be obliged to accept a return of a refurbished bed slat base or bed frame under Clause 7.10 where;  

7.12.1 there is evidence that a bed frame is stained, or fabric on the bed frame is ripped, torn or which suggests or otherwise indicates the bed frame has sustained any other damage degradation whether due to negligence, willful damage, or otherwise;  

7.12.2 damage has occurred in respect of a bed frame owing to a customer (or any other party acting on a customer’s request or instructions) acting otherwise than in accordance with any assembly, set up, disassembly, or other instructions furnished by Simba, or which suggests or otherwise indicates a bed slat base or bed frame has sustained any other degradation in quality whether due to negligence, willful damage, or otherwise; or  

7.12.3 where Simba perceives or suspects any dishonesty, misrepresentation, or misconduct on your part in your dealings or communications with us, including, but not limited to, obstructing or failing to engage in the process of completing a return as set out in Clause 9.4 and its subclauses.  

8A 200-Night Bed and Topper Trial   

8.1 As a goodwill gesture, we may extend your right to cancel your order for up to 200 days (the “200-Night Bed and Topper Trial”) in respect of orders for any mattress topper manufactured with Aerocoil springs, bed frame, or bed slat base sold by Simba as new (each a “200-Night Bed and Topper Trial Eligible Product”) for any reason. Failure to provide a reason may delay the collection of your 200-Night Bed and Topper Trial Eligible Product under 9.4. This period may be paused under Clause 8.7.   

8.2 The period to cancel any 200-Night Bed and Topper Trial expires after 23:59:59 BST or GMT, as may be applicable in the UK, on the 200th day since the date the 200-Night Bed and Topper Trial Eligible Product was delivered. This may be extended by the operation of Clause 8.7.  

8.3 If you elect to return a 200-Night Bed and Topper Trial Eligible Product under the 200-Night Bed and Topper Trial, you must contact us before the end of the 200th day set out at 8.2, or before the end of a 200-day trial period which was paused under Clause 8.7 if applicable, whichever is later, and clearly notify us of your intention to return 200-Night Bed and Topper Trial Eligible Product under the 200-Night Bed and Topper Trial. You must clearly notify us of your intention to return under the 200-Night Bed and Topper Trial and your reason by email, phone or in writing; or by completing and returning the model cancellation form set out at the end of these terms. Such a notice must include: your name; address; order number; date of order; date that the relevant Product was received.  

8.3.1 The 200-Night Bed and Topper Trial does not apply to Simba mattress toppers manufactured with Aerocoil springs, bed frames or bed slat bases, which are sold as refurbished. See clause 7.10 for details of coverage.  
 
8.4 Any Insurance Offering or payment method may require additional actions beyond returning Products to Simba to cancel and may have conditions which are impacted by any 200-Night Bed and Topper Trial . Please see condition 9.12 for more information 

8.5 You may only make and cancel a 200-Night Bed and Topper Trial Eligible Product order once under either a 200 Night Bed Trial or any retired trial offers such as the 365 Night Trial per “Product Range” (should you require clarity on products which are within a given Product Range, please contact us by emailing hello@simbasleep.com). Any subsequent order of a 200-Night Bed and Topper Trial Eligible Product from the same Product Range will not have the 200-Night Bed and Topper Trial available. You may only make and cancel an order under the200-Night Bed and Topper Trial and previously offered, retired trial offers concerning 365 Night trials once per product line.  

8.6 For clarity of the foregoing Clause 8.5, a customer who buys two different types of 200-Night Bed and Topper Trial Eligible Product in different orders may have a 200-Night Bed and Topper Trial in respect of the first 200-Night Bed and Topper Trial Eligible Product ordered in each Product Range. You may only make and cancel an order under 200-Night Bed and Topper Trial and previous trial offers concerning 200 Night trials once per product line.  The 200-Night Bed and Topper Trial is distinct from the 200-Night Mattress Trial. Should you require clarity on which items are within a given Product Range, please contact us via hello@simbasleep.com  

8.7 Where a claim is made under the 200-Night Bed and Topper Trial offered by Simba, your statutory rights as set out in Clause 7.1 to Clause 7.9, or where that claim is made in accordance with Clause 11.1, and a replacement 200-Night Bed and Topper Trial Eligible Product is delivered to you, your 200-Night Bed and Topper Trial period will be regarded to be paused and will continue upon receipt of the replacement. Claims under these rights will not limit your ability to enjoy 200 nights (in total) to trial the 200-Night Bed and Topper Trial Eligible Product (or any replacement).  

8.8 The 200-Night Bed and Topper Trial is offered on the basis of Simba’s goodwill and, as such, Simba reserves the right to refuse to honour the 200-Night Bed and Topper Trial without prior notice in circumstances we see fit, including, without limitation and by way of illustrative example only, where:  

8.8.1 Simba perceives or suspects that you are associated with a sleep-related brand or manufacturer of goods in sleep-related brand categories;  
8.8.2 there is evidence that a bed frame is stained, ripped, torn or which suggests or otherwise indicates the bed frame has sustained any other damage degradation whether due to negligence, wilful damage, neglect, or otherwise;  
8.8.3 damage has occurred in respect of a bed frame owing to a customer (or any other party acting on a customer’s request or instructions) acting otherwise than in accordance with any assembly, set up, disassembly, maintenance, or other instructions furnished by Simba, or which suggests or otherwise indicates a bed slat base or bed frame has sustained any other degradation in quality whether due to negligence, wilful damage, or otherwise;   
8.8.4 where Simba perceives or suspects any dishonesty, misrepresentation, or misconduct on your part in your dealings or communications with us, including, but not limited to, obstructing or failing to engage in the process of completing a return as set out in Clause 9.4; or  
8.8.5 damage has occurred in respect of an Ottoman bed owing to incorrect or inadequate fitment or maintenance of the hydraulic assembly or any other mechanical (or as the case may be, electrical) element therewith associated.  

Except that your statutory rights remain unaffected.  

8.9 The 200-Night Bed and Topper Trial applies to Simba 200-Night Bed and Topper Trial Eligible Products as defined in Clause 8.1, and no other Simba Products, and is not transferable. Only the person who purchased a 200-Night Bed and Topper Trial Eligible Product from Simba may benefit from or make a claim in respect of a 200-Night Bed and Topper Trial.  

8.10 Nothing in Clauses 8.1 to 8.11 affects your legal rights to cancel the contract as set out under Clause 7.  

8.11 The 200-Night Bed and Topper Trial referred to in this clause 8 is only available for new 200-Night Bed and Topper Trial Eligible Product purchases, either directly from Simba, or from a retailer who has been authorised by Simba to offer you the 200-Night Bed and Topper Trial.   

8.12 The 200-Night Bed and Topper Trial may be offered in other circumstances at the sole discretion of Simba Sleep.  

  

8B 200-Night Mattress Trial  

8.13 As a goodwill gesture, we may extend your right to cancel your order for up to 200 days in respect of any new Simba mattress excluding cot bed mattresses and Contract mattresses (the “200-Night Mattress Trial”) for any reason. Failure to provide a reason may delay the collection of your mattress pursuant to the 200-Night Mattress Trial under 9.4. This period may be paused under Clause 8.17.  

8.13.1 Contract range mattresses are expressly excluded these Terms under clause 1.1.4.1, and no 200-Night Mattress Trial is offered under these Terms in respect of any Contract range mattress.  

8.14 The period to return under the 200-Night Mattress Trial expires after 23:59:59 BST or GMT, as may be applicable in the UK, on the 200th day since the date the 200-Night Mattress Trial eligible mattress was delivered. This period may be extended as set out in Clause 8.17.   

8.15 If you elect to return a mattress under the 200-Night Mattress Trial, you must comply with the following requirements;  

8.15.1 you must contact us before the end of the 200-day period set out at 8.14, or before the end of a 200 day trial period which was paused under Clause 8.17 if applicable, whichever is later, and clearly notify us of your intention to return a mattress under the 200-Night Mattress Trial.   

8.15.2 You must clearly notify us of your intention to return under the 200-Night Mattress Trial and your reason by email, phone or in writing; or by completing and returning the model cancellation form set out at the end of these terms. Such a notice must include: your name; address; order number; date of order; date that the relevant Product was received.   

8.15.3 You must also comply with and act not otherwise than in accordance with Clause 9.4 and all subclauses thereof.   

8.16 You may only make and cancel an order under the 200-Night Mattress Trial and previous trial offers concerning mattresses (mattress products have previously been offered under the retired 100 Night Trial and 1 Year Mattress Sleep Trial) once. Any subsequent order of a mattress will not have the 200-Night Mattress Trial available.    

8.17 Where a claim is made under the 200-Night Mattress Trial offered by Simba, or your statutory rights, or where that claim is made in accordance with Clause 11.1, and a replacement mattress is delivered to you, your 200-Night Mattress Trial period will be regarded to be paused and will continue upon receipt of the replacement. Claims under these rights will not limit your entitlement to 200 days (in total) to trial a mattress (or any replacement).    

8.18 The 200-Night Mattress Trial is offered on the basis of Simba’s goodwill and, as such, Simba reserves the right to refuse to honour the 200-Night Mattress Trial without prior notice in circumstances we see fit, including, without limitation where:    

8.18.1 Simba perceives or suspects that you are associated with a sleep-related brand or manufacturer of goods in sleep-related brand categories;  
8.18.2 there is evidence that a mattress is stained, ripped, torn, or which suggests or otherwise indicates the mattress has sustained any other damage or degradation whether due to negligence, wilful damage, or otherwise; or  
8.18.3 where Simba perceives or suspects any dishonesty, misrepresentation, or misconduct on your part in your dealings or communications with us, including, but not limited to, obstructing or failing to engage in the process of completing a return as set out in Clause 9.4.  

Except that your statutory rights remain unaffected.   

8.19 The 200-Night Mattress Trial applies to  mattresses sold by Simba in new condition and no other Simba Products, and is not transferable. Only the person who purchased a 200-Night Mattress Trial mattress from Simba may benefit from or make a claim in respect of a 200-Night Mattress Trial.  

8.20 Nothing in Clauses 8.13 to 8.22 affects your legal rights to cancel the contract as set out under Clause 7.    

8.21 The 200-Night Mattress Trial referred to in this clause 8 is only available for mattress purchases, either directly from Simba, or from a retailer who has been authorised by Simba to offer you the 200-Night Mattress Trial.   

8.22 The 200-Night Mattress Trial may be offered in other circumstances at the sole discretion of Simba.    

8.23 The 200-Night Mattress Trial does not apply to mattresses sold as refurbished. See Clause 7.10 for details of coverage.     8.24 Any Insurance Offering or payment method may require additional actions beyond returning Products to Simba to cancel and may have conditions which are impacted by any 200-Night Mattress Trial. Please see condition 9.12 for more information 

9.0 Effects of Cancellation, and returns and collection of Products  

9.1 If you cancel your contract for sale of a Product and return a product for a refund in accordance with as permitted by these terms or your statutory rights we, or third party lenders or providers of Finance (exclusions may apply under Finance or other payment provider specific Terms & Conditions, please see clause 18), will refund to you all payments received from you in relation to the contract to which you are entitled, including the costs of delivery, except for any supplementary costs arising because you chose to avail yourself of any ancillary services associated with your delivery, a Special Delivery option pursuant to clause 1.1.5, and/or your order is in respect of delivery to certain postcodes with prefixes set out at clause 5.1.1.  

9.2 We will refund you without undue delay, and on the proviso that you provide all information needed (including, but not limited to, providing correct bank details) and do not otherwise frustrate the process (via means including, but not limited to, initiating a chargeback while your refund is in progress), not later than:  

9.2.1 14 days after the day we received back from you any Products supplied, or  

9.2.2 If earlier, 14 days after the day you provide evidence that you have returned the Products, or  

9.2.3 if there were no Products supplied, 14 days after the day on which you notified us of your intention to cancel the contract.  

9.3 We will make the reimbursement using the same means of payment you used for the initial transaction, unless expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement, save those specified in clause 9.1.  

9.4 If you wish to cancel your contract pursuant to Clause 7 (pursuant to your statutory rights) or cancel an order for a 200-Night Bed and Topper Trial Eligible Product as set out in clauses 8.1 to 8.12 and all subclauses thereof, or you wish to cancel an order for a mattress under the 200-Night Mattress Trial as set out in clauses 8.13 to 8.22 and all subclauses thereof, beyond complying with the requirements of clause 7.5 (statutory rights-based returns), clause 8.3(200-Night Bed and Topper Trial returns for relevant Products sold as new) or Clause 8.15 (200-Night Mattress Trial returns for relevant Products sold as new) as applicable, we will require you to communicate with our third-party providers to arrange an appropriate date for collection, which must be no later than 14 days from the day on which you communicate with us to initiate any cancellation or return. If the date you proposed is agreed by us or with our third-party providers, we will collect the Products using our third party providers or their agents on the date stipulated without undue delay.   

9.4.1 Failure to communicate with, or adequately engage with us, or our third-party providers or agents thereof to arrange and/or complete collection, or arrange and/or complete a delivery and/or complete a collection in a timely manner, or where you decline to do so, or where you are unable to agree on the specifics of a collection with us or our third-party providers or agents, may;   

9.4.1.1 void your opportunity to complete a return under the 200-Night Bed and Topper Trial, as set out in Clause 8.8.5; and/or  

9.4.1.2 void your opportunity to complete a return under the 200-Night Mattress Trial, as set out in Clause 8.18.3; and or  

9.4.1.3 result in the forfeiture of an amount up to the entire fee paid under 19.1.1 for the Mattress Recycling Service collection under clause 19.3, and/or  

9.4.1.4 result in the termination of the contract for sale as set out in clause 2.5, and/or  

9.4.1.5 result in us levying an additional attendance charge for each and every subsequent attendance by our third party providers or agents in any instance where pickup or delivery is not completed on a date which you designated and which was agreed by us, to complete a delivery or a pick up in circumstances where your or your agent’s act or omission contributes to that pickup or delivery not being completed at the address which you designated, including, but not limited to circumstances where;  

9.4.1.5.1 we or our third party providers or agents were not able to make contact with you at the physical address which you designated, on the date which you designated and which was agreed by us;  

9.4.1.5.2 we or our third party providers or agents were not able to make contact with you via telephone on the date which you designated and which was agreed by us; and/or  

9.4.1.5.3 safe, prompt access to the address which you designated is not or cannot be facilitated on the date that you designated and which was agreed by us, to allow the delivery or the pick up to occur.  

9.5 For the purposes of the collection of any mattress, bed frame, or bed slat base, whether or not a Product, and whether or not initially sold by Simba, (including, but not limited to, in connection with our Mattress Recycling Service) and regardless of the reason for which the collection is occurring, you are responsible for ensuring that the conditions and arrangement of the address are such that the objects  for which you have scheduled a collection can be collected safely and without damage to contents, chattels, fixtures or fittings of the address, or the structure of the property itself, or risking any injury to any person.  

9.5.1 If any collection is reasonably deemed to carry more than a trivial risk of damage to the address, or to any contents, chattels, fixtures or fittings or to the structure of the  property itself or risks any injury to any person, by the collection agent, then you or your agent or assign may be required to agree a disclaimer absolving the collection agent of liability in respect of the collection and any injury or damage which results therefrom.  

9.5.2 Refusal to agree such disclaimer will result in the collection not being executed; neither Simba nor the collection agent will have any liability in respect of the foregoing circumstance, and this may be treated as a failure to engage with us or our third-party providers or agents in respect of the collection under clause 9.4. or its relevant subclauses.  

9.5.3 Simba will not be liable for any damage to fixtures, fittings or the structure of the property or any injury to any person in connection with any collection of any object. We accept no liability for the conduct of any collection agent’s employees, agents or contractors when collecting any object.  

9.6 If you have received a pillow, mattress protector, fitted sheet, duvet set, or duvet, it can be packaged as a standard parcel, and returned to us via certain returns service providers. To confirm which services Simba currently offers to facilitate returns, please contact us via hello@simbasleep.com.  

9.7 You may be responsible for preparing any Products for return or collection. Please contact us by emailing hello@simbasleep.com for further information. You may have responsibilities or obligations in completing this process including, but not limited to;  

9.7.1 packaging and passing Products to our third-party collection company not otherwise than in accordance with Simba’s instructions;  and 

9.7.2 disassembling Products prior to collection by our third-party providers.   

9.8 Simba accepts no liability for the conduct of any agent or contractor involved in attending Customer’s nominated address to collect or deliver any item, whether or not a Product  

9.9 Large items such as furniture items other than mattresses (including, but not limited to, bed frames) may need to be disassembled in accordance with our most up to date instructions before collection, return, or prior to transport for other purposes (including, but not limited to, moving between rooms in premises, or moving from one premises to another premises).  

9.10 Product specifications and disassembly instructions are subject to change due to our commitment to continuous improvement. Prior to commencing disassembling any Products, contact us by emailing hello@simbasleep.com for information on where to find up to date disassembly instructions for the specification of goods which you are disassembling.   

9.11 Disassembly of Products may require tools and/or assistance from other persons. Simba will not reimburse you or any other person for expenses or costs incurred in the disassembly or attempted disassembly of any Product.  

9.11.1 By way of illustrative example, Simba will not reimburse costs where you buy tools, or engage a third party to complete any disassembly of a Product.   

9.12 Where applicable, your separate agreement with third party lenders (please see clause 18) or the supplier of any Insurance Product may stipulate additional terms or requirements in relation to any cancellation or return. You must refer to the terms relevant to the Insurance Offering or the terms of your agreement with any third party lenders for further information.  

10.0 Nature of the Products  

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

10.1.1 be of satisfactory quality;  

10.1.2 be fit for purpose;  

10.1.3 substantively match the description, sample or model.  

10.2 We undertake to ensure that all Products we provide meet, if not exceed, your basic consumer rights.  

10.3 Any Products supplied to you at discount prices as refurbished, used, or as somehow substandard, will be identified as such. Please check that they are of a satisfactory quality for their intended use prior to their use.  

10.4 Mattress sizes may vary slightly from their stated dimensions by up to 2cm, in line with standard manufacturing tolerances.  

10.5 Our Products may vary slightly from their pictures. The images of the Products on our Website are for illustrative purposes only. Products are subject to continuous improvement, and you may receive a newer version of the Product displayed on our Website. 

10.5.1 Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products.  

10.6 The packaging of our Products may vary from that shown in images on our Website owing to our commitment to continuous improvement.  

10.7 Some Products including, but not limited to, bed frames, will require assembly, and assembly may require tools and/or assistance from other persons. Simba will not reimburse you for expenses or other costs incurred in the assembly or attempting assembly of any Product  

10.7.1 By way of illustrative example, Simba will not reimburse costs where you buy tools, or engage a third party to complete any assembly of a Product.  

11.0 Faulty Products  

11.1 Should your product exhibit defects during its expected lifespan, you are entitled to:  

11.1.1 a full refund within 30 days of purchasing the Product;   
11.1.2 a replacement or repair within 6 months of delivery of the Product. If this is not possible, then you will be entitled to a full refund; or  
11.1.3 after 6 months have passed from the date of delivery of the Product, you may still be entitled to replacement or repair. Alternatively, if this is not possible, you may be entitled to receive some money back.  

 Your rights under Clause 11.1 will cease entirely after 6 years from the date of delivery of the Product.  

11.2 Nothing in this contract affects your statutory rights, if statutory rights apply to you. You may also have other rights in law.  

11.3 For more detailed information on these rights and what you should expect from us, please visit our FAQ pages; contact us by emailing hello@simbasleep.com, or, if you are a UK customer, visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06  

12.0 Guarantees  

12.0.1 Beyond any statutory rights you may have in respect of Simba or an Authorised Retailer, Simba and Authorised Retailers may provide certain guarantees in respect of certain Products particularised in clause 12.1 to 12.14 inclusive, each a “Simba Guarantee”. Clause 12’s subclauses generally sets out certain exclusions or qualifications as to which Products are subject to guarantees. All Simba Guarantees must be read and interpreted subject to and in conjunction with Clause 12.0’s subclauses 12.0.1 to 12.0.5 inclusive.  

12.0.1.1 Where you purchase Products as defined in respect of the Simba Guarantee terms below, and in the specific subclause’s linked guarantee terms relevant to those Products, whether directly from Simba, or from an Authorised Retailer, a Simba Guarantee may apply.  

12.0.2 Any claim made under terms similar to those set out in clause 12.1 to 12.14 inclusive must be made directly to the point to the entity from which the Product was purchased.   

12.0.3 Any Product sold by an entity other than Simba or by any entity, whether or not an Authorised Retailer, which was not authorised in writing to offer end user consumers a Simba Guarantee at the time of the sale to the end user consumer, is not eligible for any Simba Guarantee.  

12.0.4 Eligibility criteria for a claim any Simba Guarantee includes, but is not limited to, the requirements that;   

12.0.4.1 determination of a defect or other ground for eligibility under Simba Guarantees must be made and documented by Simba, an Authorised Retailer, or an Authorised Inspection Agent;  

12.0.4.2 the Product was supplied by Simba, or an Authorised Retailer which was authorised by Simba to offer a guarantee similar to these terms at the time at which the Product was sold to you; and  
12.0.4.3 the Product in respect of which a Simba Guarantee is claimed is subject to inspection by an Authorised Inspection Agent, whether that Authorised Inspection Agent is nominated by Simba or by an Authorised Retailer as the case may be, at Simba or the Authorised Retailer’s direction.  

12.0.5 Simba’s product offerings are subject to continuous improvement, and an exact replacement of a Product subject to a Simba Guarantee may not be available. Any claim under any Simba Guarantee may be resolved via the provision of a Product of a similar specification where available. 

12.0.6 The purchase, use, or claim, of any Insurance Offering, may include particular requirements which interact with any or all of the Simba Guarantees. Simba can accept no liability for the interaction of Simba Guarantees with any Insurance Offering or vice versa, and does not represent to you that you may claim in respect of a Product under both frameworks. 

12.0.6.1 It is your responsibility to confirm what is covered or not covered under a given Insurance Offering and any Simba Guarantee which may be relevant to the Products you purchase, whether or not the claim of a Simba Guarantee may be incompatible with an Insurance Offering, or vice versa.  

12.0.6.2 Simba does not provide advice on the Insurance Offering or the manner in which any Insurance Offering interacts with any Simba Guarantee, as the terms of an Insurance Offering and any of the Simba Guarantees are subject to change. 

12.0.6.2 You may be unable to claim the Simba Guarantees where the claim of a Simba Guarantee conflicts with the claim of an Insurance Offering or vice versa.  

12.0.6.3 You may have specific obligations including, but not limited to, referring a claim for damage or defect in respect of a Product which benefits from an Insurance Offering to a third party other than Simba. 

12.0.6.4 The Simba Guarantees are not an Insurance Offering or any other insurance product, and are not a substitute for any Insurance Offering. 

12.1 Under this guarantee, Simba or an Authorised Retailer may replace mattresses other than excluded mattresses (including cot bed mattresses, see 12.11, and Contract range mattresses, see 12.15) which exhibit a material defect, as may be determined by an Independent Inspection Agent, within 10 years of the delivery date, subject to the full terms set out here provided that such a mattress was, in new condition. The guarantee for mattresses under this clause 12.1 does not apply to mattresses sold as refurbished. Mattresses sold by Simba as refurbished are guaranteed as set out in Clause 12.8.  

12.2 Under this guarantee, Simba or an Authorised Retailer may replace any faulty pillow which exhibits a material defect within 1 year of the delivery date subject to the full terms set out here provided that such a pillow was supplied  in new condition. The guarantee for pillows as set out in this clause 12.2 does not apply to any pillow sold as refurbished.  

12.3 Under this guarantee, Simba or an Authorised Retailer may replace any faulty Simba mattress topper manufactured with Aerocoil springs which exhibits a material defect within 10 years of the delivery date, subject to the full terms set out here provided that such a Simba mattress topper manufactured with Aerocoil springs was sold in new condition.     

12.3.1 The guarantee for Simba mattress toppers manufactured with Aerocoil springs as set out in clause 12.3 does not apply to any Simba mattress topper manufactured with Aerocoil springs sold as refurbished. Mattress toppers manufactured with Aerocoil springs sold as refurbished may be guaranteed under 12.12.  

12.4 Under this guarantee, Simba or an Authorised Retailer may  replace any faulty Simba Orbit™️ blanket which exhibits a material defect within 1 year of the delivery date, subject to the full terms set out here provided that such a Simba Orbit™️ blanket was sold, in new condition.     

12.4.1 The guarantee for Simba Orbit™️ blankets under clause 12.4 does not apply to any Simba Orbit blanket sold as refurbished.  

12.5 Under this guarantee, Simba or an Authorised Retailer may  replace any faulty bed linens, duvet or mattress protector which exhibits a material defect within 1 year of the delivery date, subject to the full terms set out here, provided that such a bed linen, duvet or mattress protector was sold in new condition. 

12.5.1 The guarantee for duvets or mattress protectors under clause 12.5 does not apply to any bed linens, duvet or mattress protector sold as refurbished.  

12.6 Under this guarantee, Simba or an Authorised Retailer may replace or repair any bed frame, exhibiting a manufacturing defect in respect of the frame in respect of a predominantly wooden bed frame within 10 years of the delivery date, or any predominantly wooden bed frame exhibiting a manufacturing defect in respect of the fabric cover of the predominantly wooden bed frame within 2 years of the delivery date,  or any metal bed frame exhibiting a manufacturing defect  within 1 year of the delivery date, or certain components of Ottoman beds (both electric or otherwise) subject to the full terms set out here provided that such a bed frame was sold in new condition 

12.6.1 The guarantee for bed frames under clause 12.6 does not apply to any bed frame sold as refurbished. Bed frames sold as refurbished may be guaranteed under Clause 12.9.  

12.7 Under this guarantee, Simba or an Authorised Retailer may replace any bed slat base exhibiting a manufacturing defect, within 10 years of the delivery date, subject to the full terms set out here provided that such a bed slat base was sold in new condition.  

12.7.1 The guarantee for bed slat bases under clause 12.7 does not apply to any bed slat base sold as refurbished. Bed slat bases sold by Simba as refurbished are guaranteed as set out under Clause 12.10.  

12.8 Under this guarantee, Simba or an Authorised Retailer may replace any mattress other than a Contract range mattress sold as refurbished which exhibits a material defect, within 1 year of the delivery date, subject to the full terms set out here.  

12.9 Under this guarantee, Simba or an Authorised Retailer may replace any bed frame, sold as refurbished which is exhibiting a particular specified defect within 1 year of the delivery date subject to the full terms set out here. 

12.10  Under this guarantee, Simba or an Authorised Retailer may replace any bed slat base sold as refurbished, which exhibits manufacturing defect, within 1 year of the delivery date, subject to the full terms set out here.  

12.11 Under this guarantee, Simba or an Authorised Retailer may replace any cot bed mattress sold as new which exhibits a material defect, within 2 years of the delivery date, subject to the full terms set out here.  

12.11.1 Simba does not offer refurbished cot bed mattresses.  

12.12 Under this guarantee, Simba or an Authorised Retailer may replace any Simba mattress topper manufactured with Aerocoil springs sold as refurbished which exhibits a material defect, within 1 year of the delivery date, subject to the full terms set out here.  

 

13.0 End of the contract and liability  

13.1 Termination of this contract will not affect our right to receive any money which you owe to us under this contract.  

13.2 Save specific exceptions, we are not legally responsible for any losses that:  

13.2.1 were not foreseeable to the Parties when the contract was formed;  
13.2.2 were not caused by any breach on our part;  
13.2.3 are business losses; or  
13.2.4 are losses to non-consumers.  

13.3 Simba shall not be liable, to the extent possible under applicable law, for;  

  
13.3.1 the conduct or misconduct of employees, agents, or contractors of;  

13.3.1.1 any third-party provider; or  

13.3.1.2 “1 person service” or “2 person service” involved in delivery (or any assembly during the process of delivery) of any Product.  

13.4 Simba shall not be liable, to the extent possible under applicable law, for any damage to the contents, chattels, fixtures, or fittings or the structure of any property or any injury to any person in connection with the Products themselves, or any services offered under these Terms, with regard to or having nexus with any object’s (whether or not a Product);  

 
13.4.1 delivery (including any ancililiary services offered by Simba effected by personnel as part of the delivery);   

13.4.2 collection or pickup  

13.4.3 assembly;  

13.4.4 disassembly;   

13.4.5 transportation; or   

13.4.6 abuse, incorrect use, or misuse  

13.5 Nothing in clauses 13.2,13.3. or 13.4 of the Terms limits our liability for death or personal injury caused by our negligence or the negligence of our employees; for fraud or fraudulent misrepresentation; for breach of your legal rights or in any other circumstances where it would be unlawful to do so.  

13.6 The specific exception referred to in this clause 13.6 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.  

14.0 Disputes  

14.1 We will try to resolve any disputes with you quickly and efficiently.  

14.2 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.  

14.3 If you are a customer in the EU, you may be entitled to seek to settle the consumer dispute with us out-of-court, through the EU platform for online dispute resolution which is available at http://ec.europa.eu/consumers/odr/.  

14.4 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.  

14.5 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.  

14.6 If a court finds part of this contract illegal the rest will continue in force. Each of the Clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful the remaining Clauses will remain in full force and effect.  

15.0 Third party rights  

15.1 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.  

16.0 Intellectual Property  

16.1 Simba Sleep Limited, Simba, Hybrid, nanotube, nanocube, Aerocoil, and the Simba logo, among others, are registered trademarks of Simba Sleep Limited or used under licence in certain jurisdictions.   

16.1.2 Our Website may also include trademarks owned by third parties – all those trademarks are the property of their respective owners.  

16.2 Copyright subsists in all Simba’s webpages including the images and texts featured therein.  

16.3 You may print a copy of the entire Website for the purpose of retaining a reference copy, as it is your responsibility to retain a copy of these Terms and any other documents which may be relevant to you and/or your purchases from the Website, such as the Privacy Policy and the specific terms of any Simba Guarantee defined in Clause 12 at the point of access by you or any other time as the case may be. 

17.0 Data Protection  

17.1 we will only use your personal information as set out in our Privacy Policy at  https://simbasleep.com/pages/privacy, and where applicable, any other related privacy policy documents hyperlinked within our Privacy Policy.  

18.0 Finance and Insurance 

18.1 Simba Sleep Limited FRN: 742009 trading as Simba and Simba Sleep are Authorised and Regulated by the Financial Conduct Authority. 

18.2 Simba is a credit broker, not a lender – credit is subject to status and affordability, and is provided by a panel of lenders of whom we have a commercial relationship. Specific and separate Terms & Conditions Apply beyond these Terms.   

18.3 As Not all Finance and/or third party payment methods, or the providers which offer those methods, as offered by Simba to consumers, may be regulated by the Financial Conduct Authority, it is a matter for consumers to confirm directly with third party payment providers or Finance providers themselves and with the Financial Conduct Authority whether or not an entity is regulated by the Financial Conduct Authority, and/or whether a given payment method is itself regulated by the Financial Conduct Authority, and select their third party provider or Finance provider and/or the method of payment offered by such a provider. 

18.4 Fees and charges beyond those described on the Website may apply pursuant to a third party payment or Finance provider’s specific and separate Terms & Conditions, and it is a matter for consumers to confirm directly with third party providers of Finance or other payment methods the Terms & Conditions applicable prior to purchase. 

18.5 In respect of all Insurance Offerings, specific and separate Terms & Conditions apply beyond these Terms. Exclusions may also apply. Information regarding brokers and underwriters of Insurance Offerings is available for review elsewhere on our Website, however, not all separate Terms & Conditions and exclusions regarding Insurance Offerings may be accessible directly via the Website, and while Simba will provide information to consumers prior to and after the point of sale, it is a matter for consumers to confirm directly with third party providers of Insurance Offering the Terms & Conditions and any exclusions applicable prior to purchase. 

18.6 Distinct from your contract with Simba, you may create separate contracts by virtue of what you order on the Website (including, but not limited to, contracts in respect of Insurance Offerings), or how you purchase from Simba (including, but not limited to, where you engage a Finance provider to make payment to Simba for an order) which may result in the creation of contracts between you and other third parties with different times and dates of commencement. 

18.7 While Simba is regulated by the Financial Conduct Authority in respect of certain Finance and/or third party payment methods, Simba is not an insurance broker, and facilitates the Insurance Offerings offered by Simba via an appropriate exemption from FCA regulation.  

18.8 Simba does not advise consumers on Insurance Offerings, including, but not limited to, advice on how an Insurance Offering may be compatible or otherwise with any Product we offer generally, or any Simba Guarantee under Clause 12 more specifically. 

18.9 It is your responsibility to ascertain whether or not the Insurance Offering and/or the Simba Guarantees or any other Product, services, or concepts set out in the Terms may meet your requirements prior to making an order. 

18.10 Where you return Products to Simba which were insured under an Insurance Offering, you may have obligations in respect of a third party. Refer to clause 9.12 for more information. 

  

19.0 Mattress Recycling Service  

19.1 Any mattress collected via the Mattress Recycling Service will be disposed of via a recycling services provider.  

19.1.1 A fee is payable for using the Mattress Recycling Service.  

19.1.2 You may book our Mattress Recycling Service whether or not you purchase any Products from us.  

19.1.3 Our Mattress Recycling Service may be offered with or without charge in conjunction with Special Delivery services or other delivery offers. 

19.1.3.1 Simba does offer the Mattress Recycling Service as a distinct service offering which must not be taken to be a part of the delivery service, unless this is clearly stated in writing to be a part of a given service level. 

19.2 To use the Mattress Recycling Service, we will require you to communicate with our third-party providers to arrange a suitable collection date. If the date you propose is agreed by us or with our third-party providers, we will schedule the collection of the mattress. We will inform you that you should receive a collection date within 5 days, and the date will be included in the confirmation email. If the date provided is inconvenient, you may contact Simba and the third-party provider directly to reschedule.    

19.3 You must comply with clause 9.5, 9.5.1, and 9.5.2 as may be applicable in using the Mattress Recycling Service. Where you fail to do so, l this may result in the collection of the mattress not being executed, and any fees paid forfeited as per 9.4.1.3.  

19.4 In the unlikely event that something outside our control or the control of our third-party provider impacts the date of collection, we will endeavour to notify you of the revised estimated date for collection 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. However, this clause does not affect your legal rights to cancel the contract if the delay or missed mattress pick up is due to a fault which is the responsibility of our third-party provider, such as a vehicle breakdown or collision. \ 

 
19.5  If you cancel a pickup under the Mattress Recycling Service, Simba may decide that the fee may be forfeited, and is non-refundable.  

19.6 We accept no liability for the conduct of any third-party provider, or any agent or contractor of any third-party provider, involved in facilitating the Mattress Recycling Service, including during the course of collecting a mattress from you.    

19.7 Our third-party provider may impose temporary or permanent limitations on the Mattress Recycling Service in response to operational needs including, but not limited to, limitations on maximum dimensions or weight of a mattress to be collected via our mattress recycling service, or in respect of premises or locations from which a collection may occur.  

19.8 Our Mattress Recycling Service is offered solely and strictly to customers who have made domestic use of mattresses only.   

19.8.1 If you wish to use the Mattress Recycling Service in connection with or for your business, whether for commercial, hospitality, or other non-domestic purposes, you must not order this service via our Website. You must contact us on the details at the bottom of these terms to discuss our business to business terms.   

19.8.2 Simba reserves the right to decline to honour any order you may seek to make under these Terms for our Mattress Recycling Service which we believe is contrary to clause 19.8 or its subclauses, whether before or after acceptance of such an order.  

19.9 In using the Mattress Recycling Service, you will transfer title to the collected mattress to our third-party providers at the point of collection.   

19.10 By using the Mattress Recycling Service, you warrant that;   

19.10.1 you have full capacity and authority to transfer the collected mattress, and to release and relinquish title to the collected mattress, to our third-party providers at the point of collection;   

19.10.2 that you, or your agent or assign, will identify the correct mattress for collection by our third-party providers when they attend the nominated collection address; and   

19.10.3 you understand that the collected mattress will be disposed of via a recycling services provider, without further compensation owing to you.   

19.11 You or your agent or assign must identify the mattress which is intended for collection under the Mattress Recycling Service during pickup. Simba and our third-party providers shall have no liability to you in connection with or as a consequence of the collection and/or disposal of any collected mattress in any circumstances.  

19.11.1 by way of an illustrative example only, Simba and our third-party providers will not have any liability to you where you or your agent or assign identifies an incorrect mattress during the course of collection, and a mattress other than the mattress you intended for collection is collected and disposed of.19.12 We may choose to limit the number of mattresses which may be collected by our Mattress Recycling Service in one or multiple transactions via the Website via means including, but not limited to;  

19.12.1 limiting the number of mattresses which may be picked up in one instance via the Mattress Recycling Service; or  

19.12.2 limiting the number of instances the Mattress Recycling Service may be requested for a particular address.  

19.13 Specific and distinct Terms & Conditions may apply in respect of any provider delivering the Mattress Recycling Service on our behalf. 

20.0 Other parties to whom these Terms are applicable  
  
20.1 These Terms are primarily offered to end user consumer purchasers of Products, purchasing Products using our Website.   

20.2 In certain limited circumstances, even where a person has not ordered Products via our Website, they will need to refer to certain sections of these Terms.   

21.0 Authorised Retailers  

21.1 Any retailer’s status as an Authorised Retailer, and the scope of what an Authorised Retailer is authorised to offer from Simba’s range of Products or in conjunction with Simba Products, is subject to change without notice.  

21.1.1 A retailer may be an Authorised Retailer, and authorised in respect of certain trials and/or Simba Guarantees set out under these Terms, but not in respect of other trials and/or Simba Guarantees, or may be authorised to offer Simba Guarantees and/or trials in respect of some Products and not others.  

21.1.2 A Retailer may be an Authorised Retailer, but not authorised to offer any Sleep Trials or Simba Guarantees.  

21.1.3 The Guarantees which an Authorised Retailer is authorised to offer or the scope of Sleep Trials which an Authorised Retailer is authorised to offer read in conjunction with these Terms may be subject to change without notice.  

21.1.4 Any entity which is not an Authorised Retailer, is not authorised by Simba to offer any Simba Guarantee or any trial pursuant to wording set out under these Terms.  

21.2 You should contact us by emailing hello@simbasleep.com to confirm whether a retailer is authorised to offer you any trial or guarantee read in conjunction with these Terms before purchasing if you may wish to make use of any trial or guarantee read in conjunction with these in these Terms.  

21.3 Terms, conditions, and rules of any Authorised Retailer who sold you Simba Products may also apply in addition to Simba’s Terms read in conjunction with these Terms’ Sleep Trial and/or Guarantee wording.  

22.0 Business to business point of contact  
  
22.1 Queries regarding business-to-business or trade terms must be directed to wholesale@simbasleep.com   

22.2 Business-to-business and/or trade customers must not use the Website to complete purchases of Products or any services.  

22.3 Business-to-business and trade terms are entirely distinct from these consumer Terms. 

23.0 Contact us if you have queries  
  
23.1 If you don’t understand any of these Terms, or any Guarantee under these terms, or a  contract under these Terms, and/or want to talk to us about it, please contact us by emailing hello@simbasleep.com.  

24.0 Model Cancellation Form  

(Complete and return this form only if you wish to withdraw from the contract)  

To Simba Sleep Limited (registration number: 09703422) of 5th Floor, Halo, Counterslip, Bristol, United Kingdom, BS1 6AJ  

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  

These Terms have effect from  22/11/24