Terms and Conditions
The following terms and conditions (the “Terms”) apply to all orders placed by the client (hereinafter referred to as “you” or “users”) with simerise (hereinafter referred to as “simerise”, "us" or “we”), at the simerise website (simerise.com), the simerise mobile applications, via telephone and/or any other websites or applications that direct the user to these Terms (jointly, the “Site”).
Please note that by using the Site you agree to be bound by these Terms. Therefore, if you disagree with any part of the Terms then you should stop using the Site immediately. Please make sure you have read and understood the Terms before placing your order. These Terms apply to all visitors, users and others who access or use the Site.
In order to be able to use the Site, you must be at least 18 years old or have the consent of your parents or guardians to use the Site. The Site is not intended for users who do not meet these requirements. Therefore, you hereby state that you are at least the minimum age required or that you have such parental or guardian consent and that you have read, understood, and agreed to comply with these Terms. If this is not the case, you may not use the Site.
We reserve the right to amend or update these Terms at any time without prior notice, by uploading a new version on the Site. The version of the Terms that will apply to your order will be the one displayed on the Site at the time you complete your order. Therefore, if you continue to use the Site after we post amendments to the Terms, that will imply an agreement by you to such changes. If you do not agree to, or cannot comply with the Terms as modified, you must stop using the Site immediately.
You agree not to act in a manner or employ any device that may restrict other users from using the Site, or which may negatively affect the security of the Site. You should not use any device to copy content from the Site. Simerise reserves the right to deny access to the Site to any user who breaches these provisions or any other provision in these Terms.
2. COMPLETING ORDERS AND EXECUTION OF A CONTRACT
By placing and completing an order, you are offering to purchase a product subject to these Terms. Please be aware that all orders are subject to availability and confirmation of payment. Simerise reserves the right to refuse any order made by you.
When completing an order, you are stating the following: (i) that all the information you provide to us is true and accurate; (ii) that you are at least the minimum age required by these Terms or that you have the parental consent required; (iii) that you are an authorized user of the credit card or of the PayPal account used to place your order; and (iv) that there are sufficient funds to cover the cost of the products ordered.
When you complete an order, you will receive an e-mail confirming receipt of your order. This email will only be an acknowledgement and will not mean that we accepted your order. A contract between you and us for the purchase of the products ordered will not be created until your payment has been approved by us and we have debited the corresponding amount from your credit card or your PayPal account. You will be able to review or amend your order at any time before clicking on the "Complete Order" button.
Once simerise receives your order, we will check there are sufficient funds to complete the transaction. Your card or PayPal account will be charged once the order has been accepted. Once this check is completed, we will send you an email of acceptance of the order to confirm you that we have accepted your order and that therefore your products will be shipped. If for any reason we do not or cannot accept an order completed by you, we will notify you by email and there will be no liability on the side of simerise. Once you receive the email of acceptance of the order, a contract between you and us will be executed regarding the product or products detailed in the email. Please note that no product will be shipped until payment has been made in full.
Please check the details of both emails received very carefully. In case you detect any errors or inconsistencies you must contact simerise’s Customer Services by email at email@example.com
3. DELIVERY AND SHIPPING INFORMATION
Simerise will make its corresponding efforts to deliver your order to the shipping address within the period indicated below (only if such address is within the limits of delivery of simerise).
Please be aware that we are unable to change the delivery address once the order has been placed. Please note that any changes you make after placing an order will not take effect immediately and will not apply to orders already completed.
Simerise endeavours to ship orders within the time period indicated . However, delivery may take longer due to unexpected events or delays resulting from postal issues or force majeure events, or due to any other reasonable situations, foreseeable or not. Simerise will not be liable in these cases. In the event that your delivery date is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date, in such cases simerise shall not be liable for late delivery.
If your order does not arrive by the delivery date, please contact simerise Customer Service by email at firstname.lastname@example.org.
4. PRODUCT DESCRIPTION, POTENTIAL ERRORS AND INACCURACIES
There may be information on the Site that contains errors, inaccuracies, or omissions that may relate to product descriptions or availability. In all cases, errors are absolutely unintentional and simerise will not be liable for them.
Please note that regarding the colors of our products, simerise has made reasonable efforts to show the colors of our products at the Site, as they are in reality. However, as the colors you see will depend on the monitor of your computer and settings, we are not able to ensure that your monitor's display of any color will be accurate and some colors may differ. Regarding sizes, item’s measurements given on the Site are only approximate values to give you a better understanding of the model or fit of that specific product but they are not a guarantee of the actual measurements of the products ordered and received by you.
We make no representation regarding the completeness or accuracy of any information we post on the Site. In this regard, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you.
We reserve the right to refuse to fill any orders that you may place based on information on the Site that may contain errors or omissions, including, without limitation, errors or outdated information regarding prices, shipping and payment conditions, or return and exchange policies. In case we refuse to fill an order placed by you, if your card or your PayPal account has already been charged for the purchase and your order is cancelled, we will refund the applicable amount using the same method you used to make the payment.
5. RETURNS AND EXCHANGES
If you are not satisfied with your simerise purchase, you may return it or exchange it within a 30-day period as from the day of order. Once the 30 days’ period is over, we assume that you are satisfied with your products.
If you decide to return the products to us for a refund or exchange in accordance with our returns & exchanges procedure, risk will remain with you until you have delivered the returned products to us, following the corresponding procedure for these purposes.
All products must be returned in the same condition they were when they were received by you. This means the products cannot damaged nor stained, washed, worn or altered in any way and that any labels or tags must not have been removed.
You will find more details regarding our returns policy.
The risk of loss and title for all products purchased by you and shipped by us will be transferred to you once we deliver the products ordered to the shipping address.
6. PRODUCT AVAILABILITY
Simerise products displayed at the Site may be offered in limited quantities, this means that once an item is sold out, it is possible for it not being offered again by simerise and therefore it may not appear on the Site again. Simerise undertakes no obligation to restock such sold-out items. When a product that appears on our Site is no longer in stock, we will make every attempt to remove that product from the Site in a timely manner. However, there may be some days of delay in the removal of a product that is not anymore available. Simerise will not be liable in any way for such delays.
If you have ordered a product that is unavailable, we will inform you as soon as possible by email and, if applicable, we will give you an estimated date of when the product is expected to be back in stock. Alternatively, you will have the right to cancel your order and receive a refund from us in case your credit card or your PayPal account has already been charged.
7. PRICING AND PAYMENT INFORMATION
All prices listed on the Site are listed in US Dollars and exclude shipping fees which are added to the total cost of the order during the order process, but before you click on the "Complete order" button.
Please note that orders being shipped may be subject to import duties and taxes. You will be liable for all import duties and taxes due at the point of, or after delivery. Simerise does not have any control of these fees. Please contact your local customs office for further information.
You can pay for your products in accepted credit cards or through PayPal. However, simerise reserves the right to amend or stop offering any of the payments method currently used.
Regarding the billing information, you provide simerise and its third party payment processors express authorization to charge the amounts indicated on your order. Failure to provide accurate billing information or falsifying the billing information may result in termination of your order and termination of your right to use the Site. Simerise reserves the right to update your information from available third party sources. The terms of your payment method may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If simerise does not receive payment from your payment provider, you agree to pay all amounts due on your account upon demand. Otherwise, we reserve the right to delay delivery of the items until payment or to cancel your order.
You are responsible and liable for any costs, expenses and fees that simerise may incur in order to collect balances due. This provision does not limit any other remedies available to simerise. In case you need help regarding billing issues, please email us at email@example.com.
8. INTELLECTUAL PROPERTY
All intellectual property rights (including descriptions, pictures, photographs, designs, patterns, special settings, etc.), trademarks and copyrights at the Site are the exclusive property of simerise and its subsidiaries or licensors, or of the third party which has granted a license to simerise for its use in the website. Any use of the Site or its contents (other than for your own personal use) is strictly prohibited without the prior written authorization of simerise.
Consequently, none of the content of the Site may be copied, reproduced or shared in any form or used by any means, without the prior written authorization of simerise or the corresponding licensor.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Disclaimer of Warranties
This Site and all simerise content, information, products and third party content made available to you through the Site, including the products sold at the website, are provided on an “as is” and on an “as available” basis. Therefore, to the extent permitted by law, simerise disclaims any and all warranties of any kind, whether express or implied, as to quality, accuracy, completeness or validity of the products or its descriptions, nor of the content of the Site, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Simerise does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and company does not warrant that any of those issues will be corrected.
No advice or information, whether oral or written, obtained by you from simerise or any materials or content available through the Site will create any warranty regarding simerise, products, or the Site that is not expressly stated in these Terms. We are not responsible for any damage that may result from the Site, the products, or their packaging. You understand and agree that you use any portion of the services and products at your own discretion and risk, and that we are not responsible for any damage to you or your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content. The limitations, exclusions and disclaimers in these Terms apply to the fullest extent permitted by law. company does not disclaim any warranty or other right that simerise is prohibited from disclaiming under applicable law.
By using the Site, you are acknowledging that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any device you use in connection with your use of our Site, and that simerise will not be liable for any damages of any kind related to your use of this Site.
You agree that, at any time, we may remove products or access to the Site for unlimited periods of time or cancel the Site at any time, without prior notice.
To the extent that this Site contains links to outside services and resources, simerise hereby states that it has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.
Limitation of Liabilities
To the full extent permissible by law, in no event simerise, or its officers, directors, employees, shareholders or agents, will be liable for damages of any kind arising from the use of the Site, or from any information, content, materials, products or other services included on, or made available to you, through the Site (including the purchasing of products), including, but not limited to direct, indirect, incidental, punitive, and consequential damages, or any damages that result from errors, omissions, disruptions, deletion of files or emails, imperfections, viruses, delays of any time or any failure of performance, whether or not resulting from acts of god, communications failures, theft, destruction, or unauthorized access to simerise’s records, programs or services; and be liable to the users for any indirect, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of users’ personal information, or the inability to use the Site.
In case simerise breaches these Terms, we shall only be liable for losses or damages which are a reasonably foreseeable consequence of such breach, or of our failing to use reasonable care and skill; but we will not be responsible for any loss or damage that is not foreseeable. In no event, whether as a result of breach of contract, warranty, condition, tort, strict liability, statute or otherwise shall either party be liable to the other for any special, consequential, incidental, or indirect damages. In all cases simerise’s liability would be limited to the total price of your order as it is stated below.
You understand that you are personally responsible for your behavior while using the Site and agree to indemnify and hold harmless simerise, including its officers, directors, employees, agents and licensors from and against claims of any kind that these may incur in connection with a third party claim or otherwise, arising out of or related to your unauthorized use of the Site or its content, your violation of these Terms, applicable law or the rights of any third party. To the extent permitted under applicable laws, you hereby release simerise, including its officers, directors, employees, agents and licensors from any and all claims or liability related to your unauthorized use of the Site or its Content, or non-compliance of these Terms.
Simerise will not be responsible for any material or manufacturing faults in products that we have supplied, or in the packaging of such products, including damage incurred in transit, but only for breaches in its capacity as seller of the products. Please note that simerise is not the manufacturer of the products, and any liability related to manufacturing, including damages that may be caused by the products, shall be the exclusive responsibility of the manufacturer. Simerise shall also not be liable for any damages caused by the packaging of the products.
In all cases, without prejudice of the limitations included above, simerise’s responsibility for any loss or damage will be limited to the total price of your order. Additionally, you agree that any claim you may have arising out of or related to your relationship with simerise must be filed within one year as from the date such claim arose. Otherwise, your claim shall be permanently barred.
10.SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:
734 Trenton St Delano,CA 93215 United States
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND COUNTRY LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of ATHLETIC CLOTHING, SHAPEWEAR, LOUNGEWEAR, INTIMATE APPAREL, NUTRITIONAL, HEALTH ORIENTED OR GENERALLY INFORMATIVE CONTENT.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Voxie Ventures LLC (dba Voxie), Attentive Mobile, Inc., or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Uruguay before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the ICC Arbitration Rules of the International Chamber of Commerce then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Uruguay in which simerise’s principle place of business is located, without regard to its conflict of laws rules. The seat of the arbitration shall be Montevideo, Uruguay. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the court to appoint an arbitrator, who must satisfy the same experience requirement. The parties also agree that the court’s rules governing Emergency Measures shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in the ICC Arbitration Rules and/or the laws of Uruguay. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.