Terms

Please read the following important terms and conditions before you buy anything on our site

Summary of some of your key rights:

The applicable consumer protection laws in your country provide that up to 14 days after receiving your goods, you can change your mind and get a full refund. 

We want you to be entirely happy with your Simba mattress and so our 100 night trial gives you the opportunity to test your mattress for 100 nights, starting on the day of delivery.  If you are not entirely happy with your mattress or change your mind within 100 days of receiving a Simba mattress we will collect it at no extra cost and give you a full refund. We reserve the right to refuse the 100 night trial to anyone associated with a mattress manufacturer/brand. Of course, we grant you our 100 night trial without limiting your statutory rights.

Under the applicable laws of your country, goods must be as described, fit for purpose and of satisfactory quality. In the UK, the Consumer Rights Act 2015 says that during the expected lifespan you're entitled to the following:

a) up to 30 days: if your goods are faulty, then you can get a refund
b) up to six months: if they can't be repaired or replaced, then you're entitled to a full refund, in most cases
c) up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

If you live in a different country, you will be entitled to a repair, replacement or refund (in certain circumstances) in accordance with your country's consumer protection laws. The applicable timescales for these remedies may be different to those in the UK. Please see clause 9 of these Terms for more information on faulty goods.

In addition to your statutory rights regarding faulty goods we give a 10 year guarantee that we will replace your faulty Simba mattress. Please see clause 10 of these Terms for more information on the 10 year guarantee.

This is a summary of some of your key rights. For detailed information please see the warranty section below, or for UK customers please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information in this summary box summarises some of your key rights. It is not intended to replace the rest of this agreement, which you should read carefully.

 This contract sets out:

• your legal rights and responsibilities

• our legal rights and responsibilities, and

• certain key information required by law

In this contract:

• We, us or our means Simba Sleep Limited , and

• You or your means the person using our site to buy goods from us

If you don't understand any of this contract and want to talk to us about it, please contact us by:

• e-mail hello@simbasleep.com, and

• telephone number per simbasleep.com masthead Monday to Sunday 9am to 10pm 

1 Introduction

1.1 If you buy goods on our site you agree to be legally bound by this these Terms and any documents referred to in them.  All these documents (including the Privacy, Returns and Refund Policies and the Delivery Information) form part of the contract between you and Simba as though set out in full here.

1.2 You may only buy goods from our site for non-business reasons. If you want to buy our products for your business you should contact us on the details above to discuss our business to business terms.

2 Information we give you

2.1 By law, we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

  • click on the ‘key information button’
  • read the Confirmation Email (see clause 3.2.3)
  • contact us by using the contact details at the top of this page

2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).

2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3 Ordering goods from us

3.1 Below, we set out how a legally binding contract between you and us is made.

3.2 You place an order on the site. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

3.2.1 When you place your order at the end of the online checkout process (eg when you click on the Buy Now button) we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

3.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:

a) the goods are unavailable
b) we cannot authorise your payment
c) you are not allowed to buy the goods from us
d) we are not allowed to sell the goods to you
e) you have ordered too many goods
f) there has been a mistake on the pricing or description of the goods (where permissible under applicable law)

3.2.3 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

(a) a legally binding contract will be in place between you and us, and

(b) we will dispatch the goods to you

4 Right to cancel this contract and our 100 night trial

4.1 You have the right to cancel this contract within 14 days without giving any reason.  We agree to extend your legal right to cancel your order of a Simba mattress to 100 days without giving any reason.

4.2 The cancellation period will expire after 100 days from the day you receive your mattress, or, in the case of any other goods, 14 days from the day you receive those goods. We reserve the right to refuse the 100 night trial to anyone associated with a mattress manufacturer/brand.

4.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.

Cancellation form

To Simba Sleep Ltd, 42 Brook Street, Mayfair, London, W1K 5DB or to hello@simbasleep.com]:

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],

Ordered on [*]/received on [*],

Name of customer(s),

Address of customer(s)

Signature of customer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

4.4 To meet the cancellation deadline, it is sufficient for you to send your communication to cancel before the cancellation period has expired

5 Effects of cancellation

5.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

5.2 We will make the reimbursement without undue delay, and not later than:

5.2.1 14 days after the day we received back from you any goods supplied, or

5.2.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

5.2.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract

5.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

5.4 If you have received goods we will collect the goods without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. 

6 Delivery

6.1 Standard delivery of the Simba mattress is free within the UK

6.2 We use UPS to deliver our goods. If you want to see your delivery options, visit our webpage “Delivery & Returns” before you place your order.

6.3 The estimated date and time window for delivery of the goods is set out in the Confirmation Email (see clause 3.2.3).

6.4 If something happens which:

a) is outside of our control, and

b) affects the estimated date of delivery

we will let you have a revised estimated date for delivery of the goods.

6.5 Delivery of the goods will take place when we deliver them to the address that you gave to us during the online ordering process.  If you want us to deliver to a different address you should notify us by email or telephone.

6.6 Delivery will be to the inside of the doorstep of the property at the address.  If, at your request, the goods are taken anywhere else on the property when delivered, then we and any third party contractor will not be liable for any damage to fixtures, fittings or the structure of the property (to the extent possible under applicable law).

6.7 The driver will not ask to see any form of ID and will not satisfy himself that the person accepting delivery is you or a person authorised by you to accept delivery of the goods.

6.8 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

a) let you know
b) cancel your order, and
c) give you a refund

6.9 If nobody is available to take delivery, please contact us using the contact details at the top of this page.

6.10 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

6.11 You are responsible for packaging and passing the mattress to our third party collection company.  

7 Payment

7.1 We accept payment via credit cards, debit cards, Apple Pay and Paypal.  We do not accept cash.

7.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

7.3 Your credit card or debit card will only be charged at the time the order is made. If we cannot supply you with the goods that you ordered but you have already paid for them we will refund you as soon as possible an in any event within [5] days.

7.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.

7.5 If your payment is not received by us and you have already received the goods, you:

a) must pay for such goods within 14 days , or
b) must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us

7.6 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

7.7 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5.

7.8 The price of the goods:

a) is in pounds sterling (£)(GBP) or Euros (EUR), as applicable depending on where you are ordering from;
b) includes VAT (or other applicable taxes) at the applicable rate;
c) includes the cost of Standard Delivery; and
d) excludes the cost of special delivery of the goods (if you want special delivery visit our webpage FAQ for details before you place your order).

8 Nature of the goods

8.1 You have certain legal rights (also known as ‘statutory rights’), for example, that the goods:

a) are of satisfactory quality
b) are fit for purpose
c) match the description, sample or model, and
d) are installed properly (if we install any goods)

8.2 We must provide you with goods that comply with your legal rights.

8.3 Any goods sold:

a) at discount prices
b) as remnants
c) as substandard

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

9 Faulty goods

9.1 Your legal rights (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:

a) visit our webpage: FAQ
b) contact us using the contact details at the top of this page, or
c) if you are a UK customer, visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06

9.2 Nothing in this contract affects your statutory rights. You may also have other rights in law.

9.3 Please contact us using the contact details at the top of this page, if you want:

a) us to repair the goods
b) us to replace the goods
c) a price reduction
d) a refund

10 Our 10 year guarantee

10.1 Simba will replace any faulty mattress under our 10 year guarantee.  This guarantee does not affect and is in addition to your legal rights in relation to faulty goods as set out in clause 9 above.  

10.2 This guarantee relates to Simba mattresses only and not to any other goods.  

10.3 This guarantee may be invalidated if you have not taken reasonable care of your Simba mattress.  

10.4 This guarantee does not apply to instances of normal ageing wear and tear, damage as a result of any kind of accident or abuse,  or if the mattress is in a soiled or unsanitary condition. It does not apply if the sealed zip cover of the mattress has been tampered with, or if the seal has been broken.

10.5 Any claim under this guarantee must be made within 30 days of discovery by you (or when you ought to have discovered) the defect.

10.6 If you alter or repair the mattress without our prior written consent your mattress will not be covered by this guarantee.

11 End of the contract

11.1 If this contract is ended (to the extent possible under applicable law) it will not affect our right to receive any money which you owe to us under this contract. Limit on our responsibility to you

11.2 For customers in countries other than Germany, except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

a) losses that:

aa) were not foreseeable to you and us when the contract was formed
bb) were not caused by any breach on our part
b) business losses
c) losses to non-consumers

11.3 For German customers, we accept liability for damages caused by us, our statutory representatives, employees or agents as follows:

a) 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; and

b) for cases of slight negligence, liability is limited to the typical foreseeable damages at the time this contract was made.

12 Disputes

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

12.2 If you are unhappy with:

a) the goods
b) our service to you
c) any other matter

please contact us as soon as possible.

12.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

a) let you know that we cannot settle the dispute with you, and
b) give you certain information required by law about our alternative dispute resolution (ADR) provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us, accessible here https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN.

12.4 These Terms shall be governed by the laws of England and the courts of England will hear any dispute between you and us in relation to this contract. However, if you do not live in England, you will be able to bring a claim in the courts of your country of residence under the applicable laws of your country of residence.

13 Third party rights

No one other than a party to this contract has any right to enforce any term of this contract

For customers in Italy, according to section 1341 and 1342 of the Italian Civil Code you declare to have read, acknowledged and expressly accept the following clauses of this contract: 6.6; 6.7 and 12

NOTE

Simba and Hybrid are registered trademarks of Simba Sleep Limited