Terms of use
This website is operated by SIMAGA (“the Seller”, “we”) which is the owner of SIMAGA .
The Customer (“you”, “your”) is an adult natural person not acting in the exercise of a profession or the conduct of a business, with whom the Seller enters into a Contract.
The website is www.simagaeyewear.com
The Product is a product that the Seller offers for sale on the Website.
The Order constitutes a purchase of one or more product(s) placed by the Buyer on the Website according to the procedure and terms described in this document.
By accessing this website, you agree to be bound by the Terms.
Before using this website, you should always read the terms and conditions carefully, as well as our privacy and cookies policy (“Privacy”) and our returns policy.
1. APPLICABILITY OF THE TERMS OF USE
These conditions of use which have been made available online by the SIMAGA agreements and other legal relations between the seller and the customer with regard to the use of the website, including the purchase and sale of 'a product on or through the Website.
2. PROCEDURE FOR PLACING AND COMPLETING ORDERS
2.1 Placing an order
The Customer can place an order on or via the Website in the following way:
- The Customer selects the desired Product in the desired model and color,
- The Customer adds the Product to the basket,
- The Customer checks his order and makes payment by providing all his contact details and details,
- The Customer verifies the information provided,
- The Customer selects a payment method and processes the payment,
- The Customer receives an email confirming the Order placed.
NB This first confirmation email does NOT mean that payment has been made and that the order has been finalized.
If the email address provided is incorrect, SIMAGA will NOT be able to send a confirmation email or additional order and/or shipping information.
2.2 Discount code
- If the Customer returns one or more products requiring store credit with free delivery (shipping costs will be included only in the first return. If the Customer returns the product(s) a second time, shipping costs will not be not included in the code provided by
SIMAGA ), - If
SIMAGA decides to offer special discounts to a specific customer due to a special situation.
Personal discount codes can only be used once and the entire amount must be used at once.
2.3 Finalizing the order
Once the Customer has placed an order,
- Check all order details,
- Check if the address provided is correct (if not, our customer service will contact the customer as soon as possible to request a correct address),
- Check if all ordered items are in stock (if there is an item out of stock, our customer service will contact the customer as soon as possible to offer a suitable solution),
- Check if the payment has been processed and received,
- Decide whether to accept or reject the order (read section 2.3 for more information on rejected orders).
If
2.4 Order rejection
SIMAGA will have the right to refuse the Order placed by the Customer in the following cases, among others:
- If the information that the Customer has provided is incorrect, incomplete and/or false, or if the Seller has reasonable grounds to doubt that this is the case,
- If Customer's payment is not received,
- If the Customer has already failed to meet its payment obligations towards the Seller in the past,
- If the Customer has already caused serious inconvenience to the Seller in the past,
- If the Customer has not, in the past, accepted and/or collected the Orders he has placed with the Seller,
- If there is an obvious error or material error, for example in the prices indicated on the Website,
- If the Seller cannot deliver the Order to the address provided by the Customer.
If an order is rejected,
2.5 Conclusion of the agreement
The Agreement, including the Privacy Policy posted on the Website and these Terms of Use, constitute the entire agreement between Customer and Seller with respect to the use of the Website and the placing and executing an order.
3. SHIPPING AND DELIVERY
3.1 Shipping time and carrier
The order is processed and shipped by our logistics as soon as possible (within 1-5 working days) after completion.
All our shipments are made via a carrier designated by us.
Changing carrier at the Customer's specific request is not possible.
During sales, delays are possible.
The Customer will always be informed by the Seller by e-mail of any delays and/or modifications.
3.2 Delivery address and personal information
Once the order has been processed and packaged, it will be shipped to the address indicated by the Customer, provided that the address mentioned is complete and correct.
If the address provided is incorrect and/or incomplete, the Customer will be contacted as soon as possible via the email address and/or telephone number that the Customer himself indicated, provided that the personal information indicated are correct. and complete.
If the customer has provided incorrect and/or incomplete personal and address information, as already specified, the seller is not responsible for possible delivery delays and/or failures.
3.3 Resolve a possible inconvenience
The risk relating to any damage or loss of the Products will be transferred to the Customer upon delivery of the Products.
If an inconvenience occurs before delivery, the customer must contact our customer service providing the order number, address information and a clear explanation of the inconvenience. Our Customer Service will process the complaint as quickly as possible and find a suitable solution in agreement with the Customer.
During sales, the response time may be extended and the customer will always be informed by the seller by email of possible delays and/or changes.
4. PRICE AND PAYMENT
4.1 Prices
The prices indicated on the Site are expressed in euros, excluding Value Added Tax (VAT) and excluding shipping costs.
Return costs will be the responsibility of the Customer.
The Total Purchase Price will be indicated in the Shopping Cart and in the confirmation emails that the Customer will receive after finalizing their order (read section 2 for more information on confirmation emails).
4.2 Price variation
The Seller shall have the right to adjust the prices shown on the Website from time to time without any notice being required.
The prices indicated at the time of placing the Order will be deemed to be the prices forming part of the Contract.
4.3 Payment
Payment can be made by the methods indicated on the Website and must be made in advance in order to fulfill the order and complete the contract.
5. RETURNS
If the Customer is not entirely satisfied with his purchase, he will have the right to return the delivered Product, at his expense, within 14 days after receipt of the Product, without indicating the reason why he is doing so, in the manner indicated by the Seller on the returns policy, provided that the Product has not been worn (trying on clothes is permitted), that it is not damaged and (where possible) that it is in the original and intact packaging.
If the package has already been shipped, shipping costs are not refundable.
Products purchased at a discounted price are NOT refundable.
Before returning the products, the Customer must complete, print and place in the package the return form provided by the Seller on the Website, in order to specify the details of the order and return.
6. COMPLAINTS
6.1 Contact
The Customer can contact
Contact.simagaeyewear@gmail.com
6.2 Response time
Our customer service will respond to all requests as quickly as possible within 14 days of receipt, provided that the message has been received and the email address provided is correct and/or complete.
The Seller will inform the Customer within 14 days in the event that it is foreseeable that the complaint will require a longer period to be processed, specifying the time frame within which the Customer can expect to receive a response.
The Seller and its Customer Service decline all responsibility in the event of non-receipt of messages and/or technical problems that may arise during communication between the Customer and the Seller.
For urgent requests, the customer must contact our customer service by telephone by calling the telephone number already mentioned during the seller's office hours.
6.3 Possible deviations
The Customer acknowledges: minor deviations and deviations generally considered acceptable in terms of quality, size, color, finish, etc. Products cannot be avoided or are difficult to avoid and do not constitute a valid reason for filing a claim.
These complaints, as well as complaints about the removal of certain products from the website, are unfounded.
The Seller will not be liable for any damage that the Customer suffers as a result of such deviations or the removal of such Products from the Website.
The Customer will cooperate fully in the event of a Product recall by the Seller.
7. WARRANTY AND LIABILITY
7.1 Warranty
The Seller is required by law to provide a Product that complies with the contract entered into with the Customer.
The Customer must check the Product upon receipt, before removing the labels and/or using the Product itself and inform the Seller of any possible defect within 14 days.
The Customer will be required to provide evidence of the defect such as photos of the Product with the labels still attached and of the defect itself.
If damage occurs after the labels have been removed and/or the Product has already been used and/or washed by the Customer, the Seller will require additional evidence and information such as the method of washing and/or drying.
If the customer demonstrates to the seller that the product has a defect caused by a production error, the Dutch Warranty Act applies to the case and the customer and the seller will find an amicable and appropriate solution with which they will both be happy. agreement.
The Customer will fully cooperate with the Seller's requests and/or requirements.
7.2 Liability
The Seller is not liable for any indirect, additional or consequential damages of any nature whatsoever that the Buyer suffers under the Contract. Under no circumstances may direct damages, for which the Seller is legally liable to the Buyer, exceed the Purchase Price.
The Seller refers to the Conditions of Use of the Website with regard to its liability under the Website and the use of the Website.
8. FORCE MAJEURE
The Seller is not liable for any damage resulting from late delivery or failure to deliver which was caused by circumstances which prevent the Seller from fulfilling its obligations, and which cannot be attributed to the Seller because they cannot be attributed to the Seller, and cannot be considered as being the responsibility of the Seller in accordance with the law, a legal act or in accordance with generally accepted standards, such as – but not limited to – the consequences of a pandemic, of a war. , threat of war, civil war, riots, national day of mourning announced by the government, strikes, transport problems, commercial limitations, problems with customs authorities, fire, flood, earthquake or bankruptcy of third parties engaged by the Seller, a failure to deliver the goods by the Seller's suppliers or failure to deliver the goods on time by the Seller's suppliers, interruptions in the supply of goods to be delivered by third parties, including water and electricity , and other serious interruptions to the commercial operations of the Seller or third parties it engages.
If, due to a force majeure situation, the Seller fails to comply with its obligations under the Contract or fails to do so on time, the Seller will be entitled to perform the Contract within a reasonable time or – if the execution within a reasonable time is not possible – to terminate the Contract in whole or in part, without the Seller being required to pay the Customer any compensation in this regard.
9. ACCURACY AND AVAILABILITY OF INFORMATION
Although we use reasonable efforts to include accurate and up-to-date information on the Website, we make no warranties or representations as to its accuracy.
We accept no liability for any errors or omissions in the content of the website.
Complete our Contact Us form if you believe any information has been incorrectly reported.
We reserve the right, in our sole discretion, to add, revise or delete any content or information without notice.
10. YOUR USE OF THIS WEBSITE
10.1 Navigation on the Site
Your use and browsing of the Website is at your own risk.
Neither we nor any other party involved in creating, producing or providing the Website is liable for any direct, incidental, consequential, indirect or punitive damages arising from your access to or use of the Website.
Other than for your personal use or internal business purposes, you may not, without our prior written consent:
- Copy, reproduce, use or otherwise process any content from the Website;
- Modify, distribute or republish any content on the Website for any purpose;
- Reproduce, crawl, frame, link to or deep-link this Website on or from any other website;
- Use the content of the Website for any commercial exploitation whatsoever.
Without limiting the foregoing, everything on the Website is provided to you "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and suitability for a particular use. , or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. We also take no responsibility for, and will not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials . , data, text, images, videos or audio from the website.
10.2 Use and processing of the material
Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and display. In addition, we are free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing of products/services using this information. We have not reviewed all of the websites linked to the Website and are not responsible for the contents of any off-site pages or any other websites linked to the Website. Your linking to other off-site pages or other websites is at your own risk.
You agree that no Submission provided by you to the Website will violate the rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights. You are and will remain solely responsible for all Submissions you make.
Although we take every precaution to ensure that no defamatory, offensive, indecent or other sensitive content appears on this website, we must emphasize that you access the website at your own risk.
You agree, when using the public and private portions of this website, not to post any content that is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of privacy a person or otherwise in violation of any law. Legal action may be taken against you. You also agree not to post any copyrighted material unless the copyright is owned by you or you have the consent of the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also inappropriate for this forum.
We cannot confirm the validity of user content. Comments and forums are not moderated and although we actively monitor user contributions, we are not responsible for the content posted. We do not guarantee the accuracy, completeness or usefulness of the information presented. Posts express the views of the author, not necessarily those of this website. Anyone who believes that a posted message is objectionable is encouraged to notify us immediately. We have the right to remove objectionable content, within a reasonable time, if we determine that removal is necessary. This is a manual process, however, so please be aware that we may not be able to delete or edit some messages immediately. This policy also applies to member profile information.
You remain solely responsible for the content of your messages, and you agree to indemnify and hold the Website harmless. We also reserve the right to reveal your identity (or any information we have about you) in the event of a complaint or legal action arising from any information posted by you.
It is your responsibility to present clear and accurate information regarding your user information. Any information we deem to be inaccurate or vulgar will be removed.
Please note that with every contribution you post, your IP address is recorded, in case you need to be banned from this forum or contact your ISP. We reserve the right to ban any user from the website.
11. PASSWORD/ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. We will not be liable to anyone for any loss or damage that may arise from your failure to protect your password or account.
12. OWNERSHIP AND RIGHTS
The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the Website are registered and unregistered trademarks of
13. COPYRIGHT
You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may be used only as provided in these Terms of Use or in the text of the website without the written permission of
14. REVIEW OF TERMS OF USE
We may revise these Terms of Use at any time by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms of use to which you are bound. The Buyer should always review these Terms and Conditions before using the Website. If the Buyer is unable to view the General Conditions via the Internet, the Seller will send to the Buyer a copy of the most recent version of the General Conditions by e-mail.
Contact.simagaeyewear@gmail.com