Terms & Conditions - SimbashoppingUSA - Whirlpool bathtubs

TERMS AND CONDITIONS OF SALE

This Agreement governs your access to and use of the Website, as well as any purchase of products (“Goods”) from SIMBA USA INC through www.simbashoppingusa.com (the “Website”).
By accessing the Website, placing an order, or using any part of the Service, you (“Customer” or “You”) acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Your access to and use of the Website and Services are also subject to your acceptance of and compliance with our Privacy Policy. Our Privacy Policy explains how we collect, use, and protect your personal information, as well as your rights under applicable data protection laws. By accessing or using the Website, you acknowledge that you have read and understood our Privacy Policy. We encourage you to review it carefully before using our Services.

By placing an order, you expressly agree to these Terms and Conditions and the Privacy Policy.

1.Interpretation And Definitions

Company: Refers to SIMBA USA INC (also referred to as “the Company”, “We”, “Us” or “Our”).
Goods: Refers to the items offered for sale (Whirlpool Bathtubs, Pool Tables, etc.).
Orders: Means a request by You to purchase Goods from Us.
LTL Freight: Refers to Less-Than-Truckload shipping used for oversized items.
Account: means a unique account created for You to access our Service or parts of our Service.
Device: means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback: means feedback, reviews or suggestions sent by You regarding the attributes, performance or features of our Service.
Third-party Social Media Service: means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

2.Order Eligibility And Acceptance

By placing an order, you represent that you are at least 18 years old and legally capable of entering into binding contracts. We reserve the right to refuse or cancel any order for reasons including but not limited to: product availability, errors in the description or price, or suspected fraud.

3. Your Information & Payment Security

3.1 Information Requirements: If You wish to place an Order for Goods available on our Website, You will be asked to supply certain information relevant to Your Order including, without limitation: Your full name, valid email address, active phone number, credit/debit card number, expiration date, CVV code, billing address, and complete shipping information.

3.2 Representations and Warranties: By placing an Order, You represent and warrant that:

(i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with Your Order.
(ii) All information You supply to Us is true, correct, and complete.
(iii) For high-value transactions (such as Whirlpool Tubs or Pool Tables), the billing address must match the information on file with the issuing bank. We reserve the right to cancel any order where the billing and shipping information cannot be verified.

3.3 Third-Party Processing: By submitting such information, You grant Us the right to provide this information to third-party payment processors (e.g., Stripe, PayPal, Affirm) for the sole purpose of facilitating the completion of Your Order. All transactions are processed through secure, PCI-DSS compliant gateways. SIMBA USA INC does not store Your full credit card details on our servers.

4.Pricing And Payments

Currency: All prices are in U.S. Dollars (USD) unless otherwise stated.
Billing: Payments can be made through various payment methods. Your credit card or payment method will be charged at the time of purchase. Charges will appear on your statement as “SIMBA USA INC”.
Tax: Sales tax will be applied based on the shipping destination as required by law.
Errors: In the event of a pricing error, we reserve the right to cancel the order and provide a full refund.
Price change: Prices are subject to change at any time without notice.

5.Shipping, Delivery, And Curbside Policy

Shipping Area: We deliver to the contiguous United States and Canada. Specialized rates apply for Alaska, Hawaii, and Canada.
LTL Freight Delivery: Our products are oversized and require LTL Freight.
CURBSIDE DELIVERY ONLY: You acknowledge and agree that delivery is Curbside. The carrier is only responsible for unloading the Goods at the curb/driveway. The carrier will NOT bring items inside a residence, garage, or backyard.
Customer Responsibility: You must provide a valid phone number. The carrier will call to schedule an appointment. If you are not present for a scheduled delivery, you will be responsible for re-delivery and storage fees.

6.Inspection And Risk Of Loss

Transfer of Risk: Risk of loss and title for the Goods pass to You upon delivery.
MANDATORY INSPECTION: You must inspect the exterior packaging before signing the Bill of Lading (BOL).
- Visible Damage: You MUST write “DAMAGED” on the BOL if the boxes are torn, crushed, or open.
- Clean Receipt: Signing the BOL without notations is an admission that the Goods arrived in good condition.
Concealed Damage: Any damage found after opening (hidden damage) must be reported with photos to simbashoppingusa@gmail.com within 24 hours of delivery.

7.Return And Refund Policy (Right Of Withdrawal)

Change of Mind (Remorse): You have 14 days from delivery to request a return.
Condition: Goods must be in original, unassembled condition, secured on the original pallet and in original packaging.
Costs: For “Change of Mind” returns, You are responsible for all return shipping costs and risks.
Refunds: Original shipping costs may be deducted from the refund. Goods that are tempered or not in the same condition as You received them or which are not in the original packaging will not be refunded.
Return address: SIMBA USA INC. to Miami International Freight Solutions, LLC (MIFS), 11580 W 43rd Avenue, Suite 1, Hialeah, FL 33018

8.Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

Goods availability
Errors in the description or prices for Goods
Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

9.Your Order Cancellation Right

The deadline for cancelling an Order is 1 hour from the time You complete the Order. In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement by email: simbashoppingusa@gmail.com.

All refunds must be authorized by our staff. No cancellation of the order will be accepted after this deadline.

We will reimburse You on the same means of payment as You used for the Order and You will not incur any fees for such reimbursement. In the case in which the order has already been shipped, any shipping costs will be deducted from the order refund amount.

10.2-Year Limited Warranty

Warranty Period: We offer a 2-year limited warranty on manufacturing defects.
Professional Installation: For Whirlpool Bathtubs, the warranty is strictly conditional upon installation by a licensed plumber and electrician. Failure to provide proof of professional installation (invoice) will void the warranty.
Exclusions: Damage from improper setup, DIY installation errors, or neglect is not covered.

11.Chargebacks And Disputes

You agree to contact SimbashoppingUSA support to resolve any issues before initiating a chargeback with your bank. In the event of a dispute, SIMBA USA INC will submit these Terms, the signed BOL, and all communication logs as evidence to contest the chargeback. Filing a false dispute is considered a breach of this contract.

12.Availability, Errors and Inaccuracies

We attempt to describe Our offerings, including their colors, as accurately as possible; however, the appearance of Goods may vary as a result of the quality of your monitor and for other reasons.

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

13.Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

14.Your Feedback to Us

We reserve the right to send, after completing an order, an automatic follow-up email through CusRev (an independent review service) asking for a review of the item purchased or the overall experience. This service is intended solely to collect opinions useful for improving the quality of our offerings and to help other customers in their purchasing decisions. You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

15.Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

15.1 Chat Services: Our Service utilizes live chat features provided by third parties (Zendesk Inc.). By initiating a chat session, You agree to the recording and storage of the transcript by SIMBA USA INC and its providers.

16.Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

17.”AS IS” AND “AS AVAILABLE” Disclaimer

Any warranties applicable to our products is 2 years after purchase, it provides you with important legal rights and is subject to limitations. You acknowledge and agree that any applicable product warranty is a part of, and subject to, these Terms, in particular the Limitation of Liability, Governing Law, and Dispute Resolution provisions contained in the Terms.

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

18.Governing Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions. Your use of the Service may also be subject to other local, state, national, or international laws. The exclusive jurisdiction for all Disputes that you and SIMBA USA INC are not required to arbitrate will be the state and federal courts located in Florida, Miami.

19.Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If any legal action, arbitration or other proceeding, is brought for the enforcement of this Terms, or because of an alleged dispute, breach or default in connection with any of the provisions of this Terms, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitled.

20.United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

21. Severability and Waiver

21.1 Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

21.2 Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

22.Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

23.Changes to these Terms & Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

24.Contact Information

If you have any questions about these Terms and Conditions, You can contact us:

By email: simbashoppingusa@gmail.com

By visiting this page on our website: https://www.simbashoppingusa.com/contact-us/

Last updated: January, 2021