Terms & Conditions
These terms tell you the rules for using our website www.simliv_mag.com (our website). These terms are divided into two sections, as follows:
- Section 2: Terms of sale. This section contains additional terms which govern purchases that consumers make from our website, whether as a guest or registered user. The terms in this section tell you, as a consumer, what your rights are in relation to purchases that you make and what our rights and obligations are. This section only applies to users who use our website as consumers to make purchases. These terms are called our Terms of Sale.
1 Information about us and contact details
1.1 Our site is operated by Simon Harrison Limited (We). We are registered in England and Wales under company number 03867147 and have our registered office at 2 Cathedral Street, London SE1 9DE.
1.2 To contact us, please email customercare@simliv_mag.com or telephone 02073972740.
2 Information about this Agreement
2.1 By using our website, you confirm that you accept this Agreement (to the extent that it applies to you) and that you agree to comply with it. If you do not agree to this Agreement, you must not use our website.
3 Changes to the site and to this Agreement
3.1 We amend this Agreement from time to time. Every time you wish to use our website, please check this Agreement to ensure you understand the terms that apply at that time.
3.2 We may also update and change our website from time to time.
4 Availability of the website
4.1 Our website is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.2 You are also responsible for ensuring that all persons who access our website through your internet connection are aware of this Agreement and other applicable terms and conditions, and that they comply with them.
5 Your account
5.1 If you set up an account on our website, you must keep your account details and password confidential. You must not disclose them to any third party.
5.2 We have the right to disable any user identification code or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Agreement.
5.3 If you know or suspect that anyone other than you knows your account details or password, you must promptly notify us at the contact details set out above.
5.4 We reserve the right to disable or terminate your account if you have failed to log into your account for a period of 24 months. We will notify you by email in advance of disabling or terminating your account.
6 Your use of our website
6.1 You must use our website in compliance with all applicable laws, rules and regulations and in accordance with this Agreement. You agree not to use our website for any unlawful, fraudulent or inappropriate purpose.
6.2 We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. You must not copy, reproduce, alter, modify or create derivative works from the website or any content on it.
7 Reliance on information
7.1 The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
7.2 Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
8 Third party websites
8.1 Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
8.2 We have no control over the contents of those sites or resources.
9 Uploading content to our website
9.1 If any functionality of our website allows you to upload content of any kind (such as comments on blogs, reviews or posts in a forum), you must ensure that any content that you upload:
9.1.1 either belongs to you, or you have the right to post it;
9.1.2 is accurate, not misleading and factual (or, where the content states opinions, genuinely held);
9.1.3 does not infringe any third party's rights, including intellectual property rights or privacy rights;
9.1.4 complies with the law applicable in England and Wales and in any country from which the content is posted;
9.1.5 is not defamatory, obscene, offensive, hateful or inflammatory;
9.1.6 does not promote violence, discrimination, illegal activity or sexually explicit material; and
9.1.7 does not impersonate any person or misrepresent your identity and is not likely to harass, upset, embarrass, alarm or annoy any other person.
9.2 Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a non-exclusive, worldwide, perpetual licence to use such content for the purposes of providing the website.
9.3 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
9.4 We have the right to remove any content you upload if, in our opinion, your post does not comply with the content standards above.
9.5 We do not have any control over any content uploaded by any other users of our website and we do not have any obligation to monitor any such content. We do not guarantee that such content has been verified or approved by us.
10.1 We do not guarantee that our website will be secure or free from bugs or viruses.
10.2 You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
10.3 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our site is stored or any server, computer or database connected to our website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
11 Linking to our site
11.1 You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, or suggest any form of association, approval or endorsement on our part where none exists.
12.1 Whether you are a consumer or a business user:
12.1.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
12.2 If you are a business user:
12.2.1 We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
12.2.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with our website or this Agreement.
12.2.3 In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage,
arising out of or in connection with the website or this Agreement.
12.3 If you are a consumer user:
12.3.1 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which are set out in Section 2, paragraph 25 below.
12.3.2 Please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13 Other important terms
13.1 Force majeure
13.1.1 We will not be in breach of any of this Agreement, or liable for any delay in performing, or failure to perform, any of our obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond our reasonable control.
13.2 Assignment and other dealings
13.2.1 You may not assign, sub-contract, charge or otherwise transfer or deal with any of your rights or obligations under this Agreement without our prior written consent.
13.2.2 We shall be entitled to assign, sub-contract, charge or otherwise transfer or deal with any of our rights or obligations under this Agreement without the prior written consent of any user.
13.3.1 A failure or delay by us to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy.
13.4.1 If any provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary. If modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion shall not affect the validity and enforceability of the rest of this Agreement.
13.5 Entire agreement
13.5.1 This Agreement (to the extent each section applies to you) constitutes the entire agreement between you and us, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter.
13.6 Third party rights
13.6.1 No one other than a party to this Agreement, their successors and permitted assignees, shall have any right to enforce any of this Agreement.
13.7 Governing law and jurisdiction
13.7.1 If you are a consumer, please note that this Agreement, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of another jurisdiction, you may also bring proceedings in that jurisdiction.
13.7.2 If you are a business, this Agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Section 2: Terms of Sale
14 The purpose of this section
14.2 Please read these Terms of Sale carefully before you submit your order to us. These Terms of Sale tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
15 Our contract with you
15.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
15.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
15.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
16 Our products
16.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. 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. Your product may vary slightly from those images.
16.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
17 Your rights to make changes
17.1 If you wish to make a change to the 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 anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 20 - Your rights to end the contract).
18 Our rights to make changes
18.1 Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements.
18.2 More significant changes to the products and these Terms of Sale. In addition, we may make more significant changes to the product, but if we do so 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.
19 Providing the products
19.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
19.2 When we will provide the products. During the order process we will let you know the estimated delivery date for the products you have ordered.
19.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
19.4 Collection by you. If you have asked to collect the products from our premises and we have agreed to allow collection, you can collect them from us at any time during our working hours of 9am to 5pm, UK time on weekdays (excluding public holidays) and Saturdays.
19.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
19.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 22.2 will apply.
19.7 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
19.7.1 we have refused to deliver the goods;
19.7.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
19.7.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
19.8 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 19.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
19.9 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 19.7 or clause 19.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0207 397 2740 or email us at customercare@simliv_mag.com for a return label or to arrange collection.
19.10 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
19.11 When you own goods. You own a product once we have received payment in full.
19.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
19.12.1 deal with problems or make minor changes;
19.12.2 update the product to reflect changes in relevant laws and regulatory requirements;
19.12.3 make changes to the product as requested by you or notified by us to you (see clause 18).
19.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, for an unreasonable period of time and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
20 Your rights to end the contract
20.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
20.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 23;
20.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 20.2;
20.1.3 If you have just changed your mind about the product, see clause 20.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of returning any goods;
20.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 20.4.
20.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
20.2.1 we have told you about an upcoming change to the product or these Terms of Sale which you do not agree to (see clause 18.2);
20.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
20.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
20.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for an unreasonable period of time; or
20.2.5 you have a legal right to end the contract because of something we have done wrong.
20.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). You have a legal right to change your mind within 14 days after the goods have been delivered and receive a refund. If your goods are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind. If your goods are for regular delivery over a set period, you have until 14 days after the day you (or someone you nominate) receive the first delivery of the goods. However, please note that:
20.3.1 we may apply a deduction from the refund to reflect any damage to the goods caused by you, including any damage caused by your failure to return the goods to us in a safe way (you are responsible for ensuring that the goods are returned to us undamaged); and
20.3.2 these cancellation rights do not apply in respect of goods which are not suitable for return due to health protection or hygiene reasons (such as earrings) if they are delivered in sealed packaging and become unsealed after delivery.
20.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 20.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
21 How to end the contract with us (including if you have changed your mind)
21.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
21.1.1 Phone or email. Call customer services on 02073972740 or email us at customercare@simliv_mag.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
21.1.2 Online. Complete the cancellation form included at the end of these Terms and Conditions.
21.1.3 By post. Print off the cancellation form included at the end of these Terms and Conditions and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
21.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post the goods back to us at 2 Cathedral Street, London SE1 9DE. Please call customer services on 07543586661 or email us at customercare@simliv_mag.com for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
21.3 Loss and damage to returned products. Please note that you are responsible for ensuring that any products you return to us reach us safely and without damage. If the products are lost or damaged because of the way that you have packaged them for return, or the delivery method you have chosen, we may apply a deduction to the refund to reflect the loss in resale value of the products.
21.4 When we will pay the costs of return. We will pay the costs of return:
21.4.1 if the products are faulty or misdescribed;
21.4.2 if you are ending the contract because we have told you of an upcoming change to the product or these Terms of Sale, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
21.5 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
21.6 How we will refund you. We will refund you the price you paid for the products including standard delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
21.7 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
21.7.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
21.7.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
21.8 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
21.8.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 21.2.
21.8.2 In all other cases, your refund will be made within 14 days of you telling us you have changed your mind.
22 Our rights to end the contract
22.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
22.1.1 you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
22.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
22.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
22.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services.
22.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 22.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
23 If there is a problem with the product
23.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 02073972740 or write to us at customercare@simliv_mag.com or 2 Cathedral Street, London SE1 9DE.
23.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in this Agreement will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights may entitle you to a refund if your goods are faulty, can't be repaired or replaced or do not last a reasonable length of time.
See also clause 20.3.
23.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 02073972740 or email us at customercare@simliv_mag.com for a return label or to arrange collection.
24 Price and payment
24.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 24.3 for what happens if we discover an error in the price of the product you order.
24.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
24.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the 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 and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
24.4 When you must pay and how you must pay. We accept payment with Visa, Visa Debit, Mastercard and Paypal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
24.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
24.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
25 Our responsibility for loss or damage suffered by you
25.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
25.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
25.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.