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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), what to do if there is a problem, when our Guarantees apply and the specific terms to which they are subject, and other important information. If you have any questions, please contact us by emailing hello@simbasleep.com 

 

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

1.1.1 ‘we’, ‘us’, ‘Simba’ or ‘our’, whether capitalised or not, refers to Simba Sleep Limited. 

1.1.2 ‘you’ or ‘your’, whether or not capitalised, refers to the person, as may be the case: 

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.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.  

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

1.1.4 ‘Product’ or ‘Products’ refers to certain  Simba mattress, mattress topper (whether or not manufactured with Aerocoil springs), pillow, pillowcase, bed slat base, bed linen, bed frame, mattress protector, fitted sheet, blanket, duvet set, duvet cover or duvet. 

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. 

1.1.5 ‘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 12on 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. 

1.1.10 Bed Frame means any complete bed Product sold by Simbaand includes upholstered bed frames, wooden beds frame, Divan-style beds, and Ottoman beds. 

1.1.11  bed slat base” means a specific wooden slat base Product designated as “Flex”, offered for sale by Simba for selected upholstered Bed Frame products only. 

1.2 By accessing our Website, you agree to be legally bound by these Terms and any documents referred to therein.  

1.2.1 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 here. 

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-saleyou must contact us on the details at the bottom of these terms to discuss our business to business terms.  
 
1.3.1 These Terms (including, but not limited to, the Guarantees offered under clause 12) are offered to end user consumer purchasers of Simba Products, solely and strictly for domestic use of the Products only.  

1.3.2 Products obtained under these Terms which are used in whole or in part for any commercial purposes will no longer benefit from these Terms to the extent permitted by law.  

1.3.3 If you wish to obtain our Products for business use, whether for commercialhospitality, or for any other non-domestic use, for use in trade or commerce, or for sale or re-sale, you must contact us via the details set out at clause 22.  

1.3.4 Simba reserves the right to decline to honour any order you may seek to make under these Terms which we believe is contrary to 1.3 or its subclauses, whether before or after acceptance of an order. 

1.4 If we must contact you, we will do so by telephone or by writing to you at the email address or postal address which you provided to us when ordering. 

1.5 Headings in these Terms are for illustrative purposes only and will not affect the interpretation of these Terms. 

1.6 Claims for returns or refunds in respect of Simba Products, or replacement Simba Products, must be made to the original point of sale of any Product, in the territory of purchase. If there is any doubt as to who to contact for a return, claim, or replacement, please contact us by emailing hello@simbasleep.com prior to returning or attempting to return any Product. 

 

  1. 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 provider you’ve sought to use has been unable to authorise your transaction. 

2.4 We reserve the right to refuse to sell any Product to any person. In the unlikely event that we elect to do this or are required to do this, we will notify you within a reasonable period and not charge you for the Product.  

2.5 We require certain information from you so that we can supply Products to you, including without limitation, your address, email address and phone number. If you supply incomplete or incorrect information, or do not supply the necessary information within a reasonable time of us asking for it, we may end the contract, including, without limitation, via operation of clause 9.4.1’s subclauses 

2.5.1 We will not be responsible for supplying any services (including, but not limited to, the Mattress Recycling Service) or any Products late if this is caused by you giving us incomplete or incorrect information or where you fail to provide the necessary information within a reasonable time of us requesting it.  

2.6 A legally binding contract will only exist between the Parties where we have received payment in full or where payment for your order has been facilitated via a third-party provider such as a lender (see clause 18), and you have received a shipping confirmation email. At this point, the contract is active, and we will make the necessary arrangements to dispatch the Products to your stipulated delivery address, provided that your order clears our fraud check process. We will also provide you with an order number. It will help us if you can tell us your order number whenever you contact us about your order. 

 

  1. Payment 

3.1 We accept payment via methods set out on our Website, including completing orders via a third party lenders (see clause 18).Methods via which we accept payment on the Website may be varied from time to time, and further details are available on the Website. We do not accept cash payments. 

3.2 We will take all reasonable steps to ensure all the information provided by you during payment is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be liable for any loss that you may incur in the unlikely event that a third party gains unauthorised access to any information you provide to us. 

3.3 Where you have paid by with a credit card or debit card, the card will be charged at the time your payment is approved by us. However, all payments by credit card or debit card must subsequently be authorised by the relevant card issuer. There will be no surcharge where you pay by credit card or debit card. 

3.4 If you have paid for Products which we cannot supply we will refund you as soon as possible and in any event within 7 days of receipt of payment. 

3.5 If your payment is not received by us, and you have already received the Products, you must pay for the Products within 14 days, or return them to us as soon as possible. If this occurs, you must keep the Products in your possession, take reasonable care of them (following any instructions or manuals given with the Products), and not use them before returning them to us. 

3.6 Failure to return Products which have not been paid for within 14 days, entitles us to collect the Products from you at your expense, including any loss of value the Products may have incurred while in your possession. 

3.7 The price of the Products is listed and payable in pounds sterling (£)(GBP). 

3.8 The price includes VAT (and other applicable taxes) at the applicable rate, and the cost of standard delivery. The price excludes the cost of any Special Delivery of the Products pursuant to clause 5.1, or delivery to certain postcodes with prefixes set out at clause 5.1.1. 

3.9 Details regarding our delivery options, including Special Delivery, are available on our web page: https://simbasleep.com/pages/delivery-information For further information, please contact us by emailing hello@simbasleep.com 

3.10 It is always possible that, despite our best efforts, a Product may be incorrectly priced. If any Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious, unmistakeable, or could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums paid, and require the return of the Products. 

 

  1. Discount Codes and Promotions 

4.1 Any discount code offered by us in relation to our Products is offered on the basis of our goodwill, and we reserve the right to refuse or decline to apply or honour any discount code at our discretion. 

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

4.2.1 where the discount is a set monetary value contingent on a mattress being ordered and there is not a mattress in the purchase order; 

4.2.2 where a discount has already been applied to the purchase order (including in the case of a Product bundle). For clarity, Simba will not apply more than one discount per order (a Product bundle constituting one discount); 

4.2.3 where the expiry date, as specified in the material accompanying the discount code, has passed; or 

4.2.4 where the order has already been placed and payment has been received without a discount being properly applied at the time of the order being placed or payment being received. 

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

 

  1. Delivery 

5.1 Standard delivery of Simba Products should be free of charge to addresses within the UK to which Simba is able to deliver products (see exclusions under Clause 5.1.2), unless a Special Delivery option is selected, or where delivery is to a postcode prefix which follows in Clause 5.1.1  

5.1.1. Please note that delivery charges remain under constant review, and where surcharges to Simba for a relevant area are applied, Simba may pass these on to customers within these areas. For confirmation, please contact us by emailing hello@simbasleep.com. Delivery, standard or otherwise, to addresses in postcodes with prefixes BT, HS, IM, IV,KA, KW, PA, PH, SI, TR, and ZE may be subject to additional charges. 

5.1.2 Simba is unable to facilitate delivery of Simba Products to postcodes with prefixes GY or JE. 

5.2 The estimated date for delivery of the Products will, unless otherwise specified, be the date selected by you, and will be set out in the Shipping Email. 

5.3 The date for delivery should be within 3 months of the purchase date. Delivery shall be executed without undue delay. 

5.4 Our delivery partners will communicate the specific time window for delivery to you directly. 

5.5 If you want us to deliver to a different address than to the address to which you ordered your Products, you should notify us by email. We make no assurance that we will be able to change the delivery address in time for an order to be directed to a different address than to which you ordered in the first instance. 

5.6 Requesting a change to your delivery address after the contract exists may cause your order to be delayed as we may, at our discretion, require extra fraud/security checks.  

5.6.1 Some payment providers may have specific terms or rules which preclude us from changing the delivery address after you have made your order.  

5.6.2 At our discretion, or upon the request or instruction of our payment providers, a request to change your delivery address may result in a full or partial cancellation of any order. 

5.7 In the unlikely event that something outside of our control impacts the estimated date of delivery, we will notify you of the revised estimated date for delivery of the Products as soon as possible. We will take all reasonable steps to minimise the impact of such delay, and provided that we do this, we will not be liable for delays caused by events which are outside our control. Nothing in this clause affects your legal rights to cancel the contract. 

5.8 Delivery will be effective from the time that the Products are delivered to the address provided by you in the ordering process. Responsibility for the Products passes upon completion of effective delivery. 

5.9 Where delivery is completed by a “1 person service” delivery partner (such as DPD), delivery will be to the doorstep of the property at the given address. If, at your request, the Products are taken anywhere else on the property when delivered, then we and any “1 person service” delivery partner’s employees, agents, or contractors.  

5.10 Where delivery is completed by a “2-person service” delivery partner (such as Expert Logistics Limited t/a AO Logistics), delivery will be made by two persons to your doorstep or to a room of your choice inside the address. We request that 2-person service deliveries are accepted by an adult. If you wish for a minor to take the delivery, please be aware that 2-person service staff may enter the property to carry out their duties. Simba will not be liable for any damage to fixtures, fittings or the structure of the property or any injury to any person. We accept no liability for the conduct of any “2-person service” delivery partner’s employees, agents or contractors when delivering Simba Products. 

5.11 The person or persons executing delivery may not ask the recipient of the delivery for any form of ID and will not make any other attempt to verify that the recipient is you or a person authorised by you to accept delivery of the Products. For this reason, we advise that you are present during the time of delivery to ensure that you receive the Product directly. 

5.12 If nobody is available to take delivery, please contact us by emailing 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 otherwisewhether or not the collection occurs. 

5.15 Certain Products may be subject to Special Delivery methods without additional costs. See https://simbasleep.com/pages/delivery-information for more information. 

 

  • 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, 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. 

 

  1. Right to cancel and return 

7.1 As a statutory minimum, when you purchase Products from us via our Websiteyou 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, 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 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, deduct any value lost as a result of your unreasonable handling of any mattress, pillow, mattress topper (whether or not manufactured with Aerocoil springs), pillowcase, mattress protector, fitted sheet, bed linen, bed slat base, bed frame, blanket, duvet cover, duvet set, or duvet. (i.e. any use beyond what is necessary to establish their nature, characteristics and functioning), whether that product was sold as new or refurbished by Simba. If we elect to refund you the price paid before we can inspect the Products, and we later discover that you have handled them in an unacceptable way, 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, we will, upon your request, send that Product back to you; 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 responsibly. 

7.9 Ensuring that any product is in a returnable condition in line with clause 7.2, 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, allowing a Product 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). 

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 – 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, wilful 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, wilful 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. 

8.5 You may only make and cancel a 200-Night Bed and Topper Trial Eligible Product order once under 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, 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 of the hydraulic assembly. 

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.     

 

  1. 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 (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 a Special Delivery option pursuant to clause 1.1.5, 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 sold by Simba, and regardless of the reason for which the collection is occurring, you are responsible for ensuring that the conditions and arrangement of your property are such that the mattress, bed frame,  or bed slat base  for which you have scheduled a collection can be collected safely and without damage to contents, chattels, fixtures or fittings of your property, 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 your property, or to any contents, chattels, fixtures or fittings or to the structure of your property itself or risks any injury to any person, by the collection agent, then you may be required to sign 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 sign 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. 

9.6 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;  

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), may stipulate additional terms or requirements in relation to any cancellation or return. 

  • 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 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 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. 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. 

  • 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. 

 You 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 

  • Guarantees 

12.0 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 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. 

  • 12.1 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 any bed frame, exhibiting a manufacturing defect in respect of the frame within 10 years of the delivery date, or any bed frame exhibiting a manufacturing defect in respect of the fabric cover of the bed frame within 2 years of the delivery date, 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 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. 

 

  • 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 lawfor; 

 
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”. 

 

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 Product’s or Products; 

 
13.4.1 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 

 

13.4 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. 

13.5 The specific excepti