GENERAL TERMS & CONDITIONS
1. APPLICABILITY
1.1 These General Terms and Conditions of Website Use and Services Sale and Delivery (the ‘General Conditions’) apply to and form an integral part of the use of our website www.mikesimonelli.com (‘Website’) and the sale of the products (‘Product’, ‘Products’) listed on our Website, as well as quotations, offers, confirmations and service or sale agreements concluded between the Website user and/or purchaser (‘Purchaser’, ‘you’, ‘your’) and one of the following companies of MIKE SIMONELLI (‘MIKE SIMONELLI’, ‘we’, ‘us’, ‘our’):
1.1.1 Mike Simonelli Ltd, established in the United Kingdom under company number 11364180, with registered office at 41 Great Portland Street, London W1W 7LA and VAT registration number GB302733733.
1.1.2 Mike Simonelli EU Lda, established in Portugal under company number PT516637703, with registered office at Centro Empresarial Arquiparque, Rua Dr. António Loureiro Borges nº 1, 2º Piso, 1495 - 131 Algés, Portugal, and tax identification (including VAT) number 516637703.
1.2 The Purchaser means the counterparty to MIKE SIMONELLI.
You should please read these General Conditions before engaging with MIKE SIMONELLI, and especially before ordering any Products from MIKE SIMONELLI as these terms set out who we are, how MIKE SIMONELLI will fulfil your purchase, under which conditions you and MIKE SIMONELLI may end the contract, what should be done if there are any issues, among other important information.
If you do not agree to the General Conditions, you must not order any Products from MIKE SIMONELLI.
1.3 The application of any terms and conditions used by the Purchaser is expressly excluded.
2. WEBSITE USE
2.1 The use of the MIKE SIMONELLI Website is subject to the MIKE SIMONELLI PRIVACY POLICY AND LEGAL TERMS FOR THE WEBSITE.
3. PURCHASING PRODUCTS
3.1 Product purchase orders can be placed through our Website. By placing an order, and if the order is accepted by us, you will be under an obligation to pay for the Products in that order.
3.2 All prices quoted by MIKE SIMONELLI are in British pounds (GBP) and are inclusive of applicable value added tax (‘VAT’), but exclusive of shipment costs and other government customs duties or taxes.
3.3 All purchase orders are subject to our acceptance. MIKE SIMONELLI will send you a confirmation e-mail after receiving your order with a specific order number and this will constitute acceptance by us, effecting the contract between you and MIKE SIMONELLI.
3.4 Your chosen payment method will be charged once your order has been accepted.
3.5 Made-to-order, customised or bespoke products (‘Made-to-Order’) may be subject to additional terms and conditions, which you can obtain by contacting us via e-mail at sales[at]mikesimonelli.com.
3.6 For Made-to-Order Products, MIKE SIMONELLI will then issue manufacturing instructions to the manufacturer. For non-Made-to-Order Products, MIKE SIMONELLI will issue shipment instructions. From this moment, you can no longer cancel your order and are subject to our returns policy below in Section 10. PRODUCT RETURNS AND ORDER CANCELLATIONS.
3.7 MIKE SIMONELLI will send a further e-mail when your order has been shipped.
3.8 You are responsible for ensuring your ability to receive the Products ordered at your elected delivery address and that MIKE SIMONELLI has your up-to-date contact details in order to be able to fulfil the delivery. It is your sole responsibility to ensure that the ordered Products can be transported into the room of your choice and that they fit.
3.9 You are also solely responsible for paying your local government customs duties or taxes that may be applied by local authorities in order to allow delivery.
4. PRODUCT AVAILABILITY
4.1 Product orders are subject to the availability of those Products and the materials required for manufacturing them. MIKE SIMONELLI will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
4.2 In the event that MIKE SIMONELLI is unable to supply you with a Product that you have ordered, MIKE SIMONELLI will inform you of this as soon as possible via e-mail. If you have already paid for the Product, MIKE SIMONELLI will process a refund for the Product full amount.
5. PRODUCT SPECIFICATIONS
5.1 MIKE SIMONELLI provides you with as many specifications as possible about each Product, such as dimensions, materials, finishes and colours, including technical drawings and illustrative images on our Website. You understand that the Products may vary slightly from the specifications and images on our Website due to several factors outside of our control.
6. PRODUCT COSTS & CHARGES
6.1 All prices quoted on our Website are in British pounds (GBP) and are inclusive of applicable VAT.
6.2 All prices quoted are exclusive of delivery charges, which will be charged at the rates specified during the checkout process and set out as part of the total amount due for payment.
6.3 Any orders requested for overseas delivery may be subject to additional taxes, duties and charges based on destination and method of shipment, which may be applied by the customs authorities of the country of delivery. These shall be borne by the Purchaser.
6.4 Product prices may vary from time-to-time on our Website, but this will not affect accepted and confirmed orders.
6.5 It is possible that due to error, a Product is incorrectly quoted on our Website. You accept that MIKE SIMONELLI is under no obligation to provide the Product to you at the incorrect price, even after MIKE SIMONELLI has sent you an order confirmation e-mail, provided the pricing error is obvious and could have reasonably been recognised by you as a mispricing.
7. ORDER PAYMENT
7.1 You must pay for the Products ordered and any applicable delivery charges in order for your order to be deemed valid and accepted. By completing your payment, you are confirming that the payment details provided are valid and correct. You may use the payment methods available on our Website to complete your payment.
7.2 You expressly consent that MIKE SIMONELLI uses your payment details for any additional charges due to MIKE SIMONELLI under the terms of this agreement.
8. ORDER DELIVERY
8.1 MIKE SIMONELLI offers a specialist delivery service via an external carrier to ensure the adequate transportation and delivery of all Products.
8.2 The delivery service is provided in accordance with the estimated timescale shown on our Website, which is dependent on Product and manufacturing materials availability as described above in Section 4. PRODUCT AVAILABILITY.
8.3 MIKE SIMONELLI will use commercially reasonable efforts to deliver the Products within the estimated timescale or delivery term. However, unless explicitly agreed otherwise in writing, delivery dates communicated in or acknowledged by MIKE SIMONELLI are approximate dates. MIKE SIMONELLI cannot guarantee that delivery dates will not be affected by unforeseen issues affecting the manufacturer of the Products or the carrier providing the delivery service. MIKE SIMONELLI shall not be liable or be in breach of its obligations, when delivery is made sooner or later than the communicated delay.
8.4 If the communicated delivery date is exceeded, the Purchaser is still obliged to take delivery of the Products.
8.5 MIKE SIMONELLI may postpone any delivery in the case of production problems affecting the quantity or the quality of the Products. If such delay lasts longer than three (3) calendar months, either party may cancel the order. MIKE SIMONELLI shall not be liable for any losses, including lost profits or savings by the Purchaser.
8.6 You will be responsible for paying any additional taxes, duties and charges applied by the customs authorities of the country of delivery.
8.7 If you fail to pay any additional taxes, duties and charges applied by the customs authorities of the country of delivery to enable delivery, you are fully liable to MIKE SIMONELLI for all damages and losses suffered by MIKE SIMONELLI, such as (but not limited to) transportation costs, extra storage, handling and insurance. Regarding redelivery, MIKE SIMONELLI may demand prior payment of all aforementioned costs.
8.8 Your Products delivery will be completed when the Products are delivered to the address provided by you.
8.9 All Product deliveries require a signature from you or your representative (i.e., any third party other than the carrier) at the address provided by you, which will confirm good receipt and acceptance of the Products good condition.
8.10 MIKE SIMONELLI provides full handling, assembly, installation, use and care instructions within the Product packaging, which you must read before handling the Product and must follow carefully.
8.11 If the delivery has not been accepted after three attempts by the carrier providing the delivery service, we may treat the contract as having been cancelled by your failure to take delivery of the Products. In case of failure to take delivery, you are fully liable to MIKE SIMONELLI for all damages and losses suffered by MIKE SIMONELLI, such as (but not limited to) transportation costs, extra storage, handling and insurance. Regarding redelivery, MIKE SIMONELLI may demand prior payment of all aforementioned costs.
8.12 If you fail to provide the information or instructions to enable delivery, you are fully liable to MIKE SIMONELLI for all damages and losses suffered by MIKE SIMONELLI, such as (but not limited to) transportation costs, extra storage, handling and insurance. Regarding redelivery, MIKE SIMONELLI may demand prior payment of all aforementioned costs.
8.13 MIKE SIMONELLI is entitled to partial delivery of the Products.
8.14 You can confirm the current status of your order by contacting MIKE SIMONELLI via e-mail at sales[at]mikesimonelli.com.
9. OWNERSHIP
9.1 All Products remain the property of MIKE SIMONELLI until the Purchaser has fulfilled all obligations to MIKE SIMONELLI in full. Ownership of the Products will pass to the Purchaser when MIKE SIMONELLI receives full payment of all amounts due in respect of the Products, including delivery charges.
9.2 The Products will be your responsibility from the time that delivery is completed and you or your representative (i.e., any third party other than the carrier) take physical possession of the Products at the delivery address provided by you.
10. PRODUCT RETURNS AND ORDER CANCELLATIONS POLICY
10.1 RIGHT TO CANCEL
10.1.1 MIKE SIMONELLI endeavours to accommodate all purchase cancellation requests, but these may not always be possible.
10.1.2 Made-to-Order purchases may only be cancelled if manufacturing instructions have not yet been issued by MIKE SIMONELLI to the manufacturer. When manufacturing instructions have already been issued, if the Purchaser still wishes to cancel their purchase, the Purchaser will only be refunded the amount corresponding to the delivery cost.
10.1.3 Non-Made-to-Order purchases may only be cancelled before shipment instructions have been issued by MIKE SIMONELLI.
10.1.4 You must contact MIKE SIMONELLI via e-mail at sales[at]mikesimonelli.com with clear details of which purchase order and which specific Products you wish to cancel, including the reason for the cancellation request. Cancellation requests must be sent using the e-mail address provided at the time of purchase for identification purposes. MIKE SIMONELLI will process your cancellation request as soon as practically possible.
10.1.5 When applicable, MIKE SIMONELLI will refund the Products value within fourteen (14) days after receipt and verification of the returned Product. Any applicable refund will be processed using the same payment method used at the time of purchase.
10.2 PRODUCT RETURNS
10.2.1 The Purchaser may exercise their right of return for non-faulty Products, which may be returned within fourteen (14) full calendar days from the day of delivery. For the avoidance of doubt, this does not apply to Products Made-to-Order, for which returns are not accepted.
10.2.2 Non-faulty Products must be returned in the original condition, with all accessories and repackaged in the original packaging. Returns will only be accepted if the Products are received undamaged by MIKE SIMONELLI.
10.2.3 The Purchaser shall be liable for any reduction in the value of the Products returned or any repair required necessary to return the Products to their original characteristics and operation.
10.2.4 You must contact MIKE SIMONELLI via e-mail at sales[at]mikesimonelli.com with clear details of your purchase order and which specific Products you wish to return, including the reason for the return request. Return requests must be sent using the e-mail address provided at the time of purchase for identification purposes. Section 10.3 provides you with the template form you should use to send us your return request. MIKE SIMONELLI will process your return request as soon as practically possible.
10.2.5 To meet the return deadline, MIKE SIMONELLI must receive your communication concerning the exercise of your right to return before the cancellation period has expired, which is fourteen (14) full calendar days from the day of delivery.
10.2.6 MIKE SIMONELLI will provide you with instructions for the return of the Product. For non-faulty Products, MIKE SIMONELLI will arrange shipment, for which the Purchaser shall bear the cost.
10.2.7 Subject to Section 10.2.3 and 10.2.6, MIKE SIMONELLI will refund the Products value within fourteen (14) days after receipt and verification of the returned Product. Any applicable refund will be processed using the same payment method used at the time of purchase.
10.3 CANCELLATION / RETURN REQUEST FORM TEMPLATE
10.3.1 Please use the template below to submit your cancellation or return request via e-mail to sales[at]mikesimonelli.com ensuring the details provided match your order details:
To Mike Simonelli Ltd (‘MIKE SIMONELLI’), 71-75 Shelton Street, London WC2H 9JQ, United Kingdom:
I/We [*] hereby give notice that I/we [*] wish to cancel/return [*] my/our [*] contract of sale of / the following products [*]:
[LIST PRODUCT NAMES AND SPECIFICATIONS AS IN YOUR ORDER CONFIRMATION E-MAIL]
Ordered on [INSERT DATE] / Received on [INSERT DATE] [*], under Order Number [INSERT ORDER NUMBER].
Purchaser details:
Name of Purchaser: [INSERT NAME OF PURCHASER]
Address of Purchaser: [INSERT ADDRESS OF PURCHASER]
Date: [INSER DATE]
[*] Delete as appropriate
10.4 FAULTY PRODUCTS
10.4.1 MIKE SIMONELLI applies a strict quality control process to all Products, the condition of each being documented before shipment.
10.4.2 MIKE SIMONELLI uses a specialist delivery service for the adequate transportation and delivery of all Products.
10.4.3 MIKE SIMONELLI provides full handling, assembly, installation, use and care instructions within the Product packaging, which you must read before handling the Product and must follow carefully.
10.4.4 If you believe you have received a faulty or defective Product, including Made-to-Order products and Products not as described, please contact us immediately via sales[at]mikesimonelli.com with clear details and photographic images of any defect or damage before handling the Product. Documentation of the defect or damage will aid us in handling any issues related to transportation with the carrier providing the delivery service. Upon receipt of your complaint, we will make every effort to review and deal with it as soon as practically possible.
10.4.5 For the avoidance of doubt, any damage caused to the Products after delivery, such as (but not limited to) damage caused by negligent unpacking, handling, assembling and installing, remain the sole responsibility of the Purchaser and MIKE SIMONELLI shall not be liable for such negligence.
10.4.6 You have the right to request the repair or replacement (if, and only if, a repair is not possible) of a defective Product any time up to twelve (12) months from delivery of the Product to you or your representative at the address provided by you. If the Products cannot be repaired or replaced within this time, you may be entitled to a full refund for the defective Product.
10.4.7 Once we have reviewed your complaint, we may request that the faulty Product be returned, with all accessories and ideally repackaged in the original packaging in order for MIKE SIMONELLI to assess the Product before a decision can be made. MIKE SIMONELLI will arrange shipment and will provide you with instructions for the return of the faulty Product.
10.4.8 When applicable, MIKE SIMONELLI will refund the Products value within fourteen (14) days after receipt and verification of the returned Product. Any applicable refund will be processed using the same payment method used at the time of purchase.
10.4.9 MIKE SIMONELLI will bear the reasonable cost of returning Products which are faulty.
10.4.10 When a Product becomes defective after twelve (12) months from delivery of the Product to you or your representative at the address provided by you, MIKE SIMONELLI will endeavour to provide you with a replacement part or repair service, for which the Purchaser shall bear the cost. Where required, MIKE SIMONELLI will arrange shipment and will provide you with instructions for the return of the defective Product. MIKE SIMONELLI will assess the defect and will provide you with a quote for the replacement part or repair service via email. Before proceeding with the repair, MIKE SIMONELLI will obtain your agreement via email and will request full payment of the costs associated with the repair, including all shipment costs. Once you have provided full payment, MIKE SIMONELLI will proceed with the repair of the Product. Subject to Section 8. ORDER DELIVERY, MIKE SIMONELLI will then arrange for the repaired Product or replacement part to be shipped to you. For the avoidance of doubt, MIKE SIMONELLI shall not bear any costs related to the repair of a Product that has become defective after twelve (12) months from delivery irrespective of the nature of the defect. If you choose not to proceed with the suggested repair or part replacement, and subject to Section 8. ORDER DELIVERY, MIKE SIMONELLI will return the Product to you once full payment for the costs of both shipments has been received.
11. YOUR PRIVACY AND DATA PROTECTION
11.1 Your privacy and personal information are of utmost importance to MIKE SIMONELLI. We process information about you in accordance with our Privacy Policy contained in the MIKE SIMONELLI PRIVACY POLICY AND LEGAL TERMS FOR THE WEBSITE.
12. LIMIT TO OUR LIABILITY TO YOU
12.1 MIKE SIMONELLI is under a legal duty to supply Products in conformity with the contract between MIKE SIMONELLI and you.
12.2 MIKE SIMONELLI loss or damage liability to you will be limited to the price you have paid us for the Product to which the loss or damage you suffer relates.
12.3 Except for any legal responsibility that we cannot exclude in law (such as for death, personal injury or fraud) or arising under applicable laws relating to the protection of your personal information, MIKE SIMONELLI is not legally responsible for:
12.3.1 Losses that were not foreseeable or contemplated by either you or MIKE SIMONELLI when the contract was entered into;
12.3.2 Losses not caused by any breach on our part;
12.3.3 Business losses, such as any loss of profit, loss of business, business interruption or loss of business opportunity; and
12.3.4 Losses to non-Purchasers.
13. FORCE MAJEURE & EVENTS OUTSIDE OUR CONTROL
13.1 Despite all efforts to minimise any failure or delay in performing our contractual obligations, MIKE SIMONELLI will not be liable if the failure or delay is caused by events outside our reasonable control including acts of god, severe weather, fire, flood, explosions, war (including not declared), acts of terrorism, outbreaks, pandemics and epidemic diseases, or acts of local or central Government or of any other competent authority.
13.2 In the event that MIKE SIMONELLI fails to perform its contractual obligations, we will refund you all amounts paid under the affected contract.
13.3 In the event of a substantial delay (longer than six (6) calendar months), the Purchaser may cancel the order by notifying MIKE SIMONELLI and a refund of the amounts paid under the affected contract will be processed.
14. DISPUTE RESOLUTION
14.1 MIKE SIMONELLI will make all efforts to resolve any disputes quickly and efficiently.
14.2 In the unlikely event that you and MIKE SIMONELLI cannot resolve the dispute using our internal procedure for handling complaints, MIKE SIMONELLI will inform you of its inability to settle the dispute and will advise you to seek independent advice.
14.3 MIKE SIMONELLI and the Purchaser shall always endeavour to resolve a dispute amicably, before any application is made by either party to the court.
15. LAW AND JURISDICTION
15.1 These General Conditions and all agreements are governed by English law. Any dispute or claim arising out of or in connection with the contract for the purchase of Products between you and MIKE SIMONELLI or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the English courts shall have non-exclusive jurisdiction to settle any such dispute or claim. The court with exclusive jurisdiction is that covering the area where Mike Simonelli Ltd has its registered office at the time a dispute arises. This also applies if the Products have been delivered in part or entirely abroad or if the Purchaser has its registered office or is domiciled abroad, unless mandatory law provides otherwise.
15.1 The terms of the United Nations convention on Contracts for the International Sale of Goods (the Vienna Sales Convention) shall not apply.
16. OTHER IMPORTANT TERMS
16.1 This contract is between you and MIKE SIMONELLI. No other third-party, person, or entity shall have any rights to enforce any of its terms.
16.2 Each of the provisions of these General Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
16.3 If we do not insist immediately that you do anything you are required to do under these General Conditions, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.4 MIKE SIMONELLI may modify or update these General Conditions from time to time for operational, legal, regulatory, or other reasons. Regardless of any updates, any order of Products by you will be governed by the General Conditions available on our Website at the time you place your order.
16.5 MIKE SIMONELLI may transfer its rights and obligations under this contract with you to another organisation, but such a transfer will not affect your rights and our obligations under these General Conditions.
17. CONTACT
17.1 MIKE SIMONELLI will contact you in writing via e-mail or by post to the address you provide in your order.
17.2 For any queries you may have, you should contact MIKE SIMONELLI via e-mail at sales[at]mikesimonelli.com.
VERSION – November 2021