Welcome to simbashoppingusa.com (the “Site”), which is owned by SIMBA USA INC. doing business as http://simbashoppingusa.com (“http://simbashoppingusa.com“). “You” and “your” refer to the user of the Site; “we,” “us” and “our” refer to http://simbashoppingusa.com.
PLEASE READ THE FOLLOWING TERMS OF SERVICE (INCLUDING THE LEGAL DISCLAIMER, LIABILITY LIMITATIONS AND OTHER PROVISIONS BELOW) CAREFULLY BEFORE USING THE SITE OR USING OUR OTHER SERVICES. By using the Site or other services, you agree to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Site or other services. We reserve the right, at any time, to modify, alter, or update these Terms of Service by posting revised versions on the Site, and you agree to be bound by such modifications, alterations, or updates once we post them.
All purchases of goods or services from or through http://simbashoppingusa.com, whether via the Site, by phone, or otherwise, are governed by the Terms of Sale below.
All purchases of goods or services from or through SIMBA USA INC. doing business as simbashoppingusa.com (“simbashoppingusa.com“), whether via the great gatherings Web site, by phone, or otherwise, are governed by these Terms of Sale. “You” and “your” refer to the user of the Site; “we,” “us” and “our” refer to https://simbashoppingusa.com.
1.SHIPPING & DELIVERY
Shipping and Delivery unless otherwise specified in the terms of a promotion, shipping costs are free (we cannot ship to alaska, hawaii) . Delivery services do not include removal or disposal of crate and packing materials.
Extenuating circumstances such as, but not limited to, difficult delivery access may incur additional shipping, even during the duration of a promotion where shipping is included for free. Examples of such circumstances include but are not limited to extraordinary mileage requirements, limited access to a delivery location by tractor trailer, such as due to stairs, narrow or sharp-turning halls, etc.
All cancelled orders and order exchanges are subject to a 25% restocking fee. Return shipping on cancelled orders is the responsibility of the customer. The actual cost of the original shipping will not be refunded. Orders held and then cancelled are subject to monthly storage fees. Returns are not accepted after 30 days from delivery.
3.MANUFACTURER’S WARRANTY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; DISCLAIMER OF CONSEQUENTIAL DAMAGES
All goods purchased from simbashoppingusa.com are covered by the manufacturer’s warranty described below. The remedies set forth there are your sole and exclusive remedies for any breach of the manufacturer’s warranty.
To the maximum extent permitted by law, simbashoppingusa.com DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING WITHOUT LIMITATION WITH RESPECT TO GOODS OR SERVICES PURCHASED FROM OR THROUGH simbashoppingusa.com WHETHER SUPPLIED BY simbashoppingusa.com OR ANY THIRD PARTY.
IN NO EVENT WILL THE LIABILITY OF simbashoppingusa.com ARISING IN CONNECTION WITH OR UNDER THESE TERMS OF SALE EXCEED THE PURCHASE PRICE OF THE GOODS OR THE FEES FOR ANY SERVICES PROVIDED BY simbashoppingusa.com TO WHICH ANY CLAIM OF LIABILITY IS RELATED.
IN NO EVENT SHALL simbashoppingusa.com BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SALE OR THE SALE OF GOODS OR THE PERFORMANCE OF SERVICES INCLUDING, WITHOUT LIMITATION, BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON simbashoppingusa.com UNDER OR IN CONNECTION WITH THIS AGREEMENT, and including, without limitation, loss of use, loss of customers, income or profit, and damages or losses resulting from claims of other persons against you.
4.USE OF THE SITE
The Site may be used solely for lawful purposes, and may not be used in such a manner as to violate any applicable law. The Site may not be used for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to simbashoppingusa.com or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination. No user may use any robot, spider or other automated device to monitor or copy the web pages of the Site or its contents without the express written permission of simbashoppingusa.com. We reserve the right to prohibit use of the Site by any user who, in our sole discretion, violates any of these Terms of Service.
5.LINKS TO OTHER SITES
The Site may contain links to other Web sites. simbashoppingusa.com has no control over, or responsibility or liability for, the contents or performance of other Web sites. Any such links do not necessarily constitute an endorsement of, or any representation regarding, the linked Web site, its content, its owner, its performance, or its owner’s products or services.
6.COPYRIGHT AND TRADEMARK INFORMATION
The Site and all information and materials on the Site (the “Content”) , including site design, text, images, graphics, interfaces, and the selection and arrangement of elements on the Site, is owned by simbashoppingusa.com or its content providers, and is protected by copyright and other U.S. and foreign intellectual property laws. Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Site for the sole purpose of using the Site as a shopping resource. Any other use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of simbashoppingusa.com, is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site, the Content, or any portion thereof without prior written permission of an authorized officer of simbashoppingusa.com.
simbashoppingusa.com is the service mark of SIMBA USA INC. doing business as simbashoppingusa.com. The service marks and trademarks of simbashoppingusa.com may not be used in connection with any product or service that is not provided by simbashoppingusa.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits simbashoppingusa.com .
The trademarks and service marks of third parties that are displayed on the Site are the trademarks of their respective owners, and are not intended to imply any endorsement of such third parties or their goods or services or any affiliation between simbashoppingusa.com and such parties.
simbashoppingusa.com disclaims any responsibility for the content of any third party materials provided through or on the Site or other services. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; DISCLAIMER OF CONSEQUENTIAL DAMAGES
You use the Site and the Content at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your use of the Site or the Content or your reliance upon the Content. simbashoppingusa.com shall not be responsible or liable for any damage to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site, or any other site to which the Site is linked. simbashoppingusa.com shall not be responsible or liable for any actions taken, either wholly or in part, based on the information provided on the Site, or for any loss, damage, expense or injury resulting from any transactions conducted with any online merchant or other third party listed on simbashoppingusa.com . The Site and the Content and the information and materials available through our other services, including, without limitation, all text, graphics, and links, are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, simbashoppingusa.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. simbashoppingusa.com MAKES NO WARRANTY THAT (i) THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE CONTENT WILL BE ACCURATE, COMPLETE OR CURRENT; (v) THE SITE WILL BE FREE FROM ANY VIRUS, WORM OR OTHER MALICIOUS CODE, AND (v) ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED.
In addition, since simbashoppingusa.com cannot verify all information provided by third parties, and errors in gathering or reporting such information may occur due to the large volume of merchants using the Site with many different products and services, simbashoppingusa.com does not represent or warrant that the information accessible via the Site or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on our Web site or through our other services. Furthermore, due to the dynamic nature of online shopping, all information regarding such matters is subject to change without notice. simbashoppingusa.com SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH simbashoppingusa.com SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, whether or not they were accessed via the Site or other services.
IN NO EVENT WILL THE LIABILITY OF simbashoppingusa.com ARISING IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE EXCEED THE PURCHASE PRICE OF THE GOODS OR THE FEES FOR ANY SERVICES PROVIDED BY simbashoppingusa.com TO WHICH ANY CLAIM OF LIABILITY IS RELATED.
IN NO EVENT SHALL simbashoppingusa.com BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, (i) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON simbashoppingusa.com UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE; (ii) THE USE OF OR INABILITY TO USE THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ELSEWHERE; and including, without limitation, loss of use, loss of data, loss of customers, income or profit, and damages or losses resulting from claims of other persons against you.
simbashoppingusa.com shall not be liable for any failure to perform under these Terms of Service where such failure results from any cause beyond the reasonable control of simbashoppingusa.com , including but not limited to mechanical, electronic, or communications failure or degradation.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, those provisions set forth above may not apply to you. You may also have other legal rights that vary from state to state.
8. PAYMENT METHODS
You can pay your purchases with the following methods:
- Paypal or credit card, with secure transaction on secure SSL server
- Direct Bank Transfer
These Terms of Sale were last modified in September, 2017. © SIMBA USA INC. All Rights Reserved.