Terms of service
OVERVIEW
This website is operated by Simmy Collections. Throughout the site, the terms “we”, “us”, “our” and “Simmy Collections” refer to Simmy Collections.
Simmy Collections provides this website, including all information, products, services, tools and resources available through the website, subject to your acceptance of these Terms of Service, together with any other policies and notices referenced on this website.
By visiting our website, browsing our products, creating an account, placing an order, or purchasing from us, you agree to be bound by these Terms of Service.
These Terms apply to all users of the website, including browsers, customers, account holders and anyone accessing or using our website.
Please read these Terms of Service carefully before using our website. If you do not agree with these Terms, please do not use the website or purchase products through it.
We may update, change or replace any part of these Terms of Service by posting the updated version on this page. It is your responsibility to review this page periodically.
Your continued use of the website after changes have been posted means that you accept the updated Terms.
1. Online Store Terms
By using this website, you confirm that you are legally able to enter into a contract under the laws applicable to you.
If you are under the age of majority in your place of residence, you may only use this website with the involvement and consent of a parent or legal guardian.
You agree not to use our products or website for any unlawful or unauthorised purpose.
You must not use the website in a way that violates any applicable law or regulation, infringes another person's rights, or interferes with the operation or security of the website.
You must not transmit or introduce viruses, malware, harmful code or other destructive material through the website.
A breach of these Terms may result in suspension or termination of your access to our website or services.
2. General Conditions
We reserve the right to refuse or cancel service or an order where permitted by law.
You agree not to reproduce, copy, duplicate, sell, resell or exploit any part of the website, our products, content or services without our prior written permission.
This includes copying our product images, descriptions, website content, branding, graphics or other material for commercial purposes.
The headings used in these Terms are for convenience only and do not affect the meaning or interpretation of these Terms.
3. Website Information
We make reasonable efforts to ensure that information on our website is accurate and up to date.
However, we do not guarantee that all information on the website will always be complete, accurate, current or free from errors.
Product descriptions, images, prices, availability, measurements and other information may occasionally contain errors or omissions.
We reserve the right to correct errors and update information when necessary.
We are not required to update all information on the website unless required by applicable law.
4. Products and Product Information
We make reasonable efforts to display our products, colours, designs and images as accurately as possible.
However, colours may appear differently depending on your device, screen settings and other technical factors.
As our products include fashion garments and accessories, there may be minor variations in colour, print, embroidery, fabric texture, embellishment or finish.
Such variations may occur due to manufacturing, lighting, photography or the nature of the materials used.
Product availability is subject to change.
We reserve the right to:
- Limit the quantity of products available for purchase.
- Discontinue products at any time.
- Change product descriptions or specifications.
- Change product prices.
- Correct product or pricing errors.
- Refuse or cancel orders where permitted by law.
Nothing in this section limits your rights under applicable New Zealand consumer law.
5. Pricing and Availability
All prices displayed on our website are shown in the currency stated at checkout.
Product prices and availability may change without prior notice.
We reserve the right to correct pricing or product information errors.
If an order has been placed using an incorrect price caused by an obvious website or system error, we may contact you before processing the order to confirm whether you wish to proceed at the correct price.
If we are unable to fulfil an order because a product is unavailable, we will contact you and, where appropriate, provide a refund for the unavailable product.
6. Orders and Billing Information
When placing an order, you agree to provide accurate, complete and current information.
This includes your:
- Full name
- Billing address
- Shipping address
- Email address
- Phone number
- Payment information
You are responsible for ensuring that your order and delivery details are correct before completing your purchase.
We reserve the right to refuse, limit or cancel an order where permitted by law.
This may include situations involving:
- Product availability issues
- Suspected fraudulent transactions
- Incorrect pricing
- Unauthorised use of payment details
- Unusual or excessive ordering activity
- Orders that appear to be intended for unauthorised resale
If we cancel or modify an order, we will make reasonable efforts to contact you using the information provided with the order.
7. Payment
Payment must be successfully completed before an order can be processed and dispatched.
We may use third-party payment providers to securely process payments.
You agree that the payment information you provide is accurate and that you are authorised to use the selected payment method.
We do not knowingly retain complete payment card information on our website.
8. Shipping and Delivery
Shipping and delivery are subject to our Shipping Policy.
Delivery estimates are provided as a guide and may vary depending on the destination, courier service, public holidays, weather, customs processing and other circumstances outside our reasonable control.
Once an order has been dispatched, tracking information will be provided where available.
For full information about shipping rates, processing times and delivery estimates, please refer to our Shipping Policy.
9. Refunds and Returns
Returns, refunds and exchanges are subject to our Refund & Returns Policy.
Nothing in our Refund & Returns Policy or these Terms is intended to exclude or limit any rights you have under the New Zealand Consumer Guarantees Act 1993 or other applicable law.
If a product does not meet the guarantees required by law, you may be entitled to an appropriate remedy depending on the circumstances.
Please review our Refund & Returns Policy before purchasing.
10. Third-Party Services and Links
Our website may contain links to third-party websites, services or tools.
These third-party services are not controlled or operated by Simmy Collections.
We are not responsible for the content, accuracy, availability, security, policies or practices of third-party websites or services.
If you choose to access a third-party website or service, you do so at your own risk and should review that third party's terms and policies.
11. Intellectual Property
All content on this website, including but not limited to:
- Product images
- Photographs
- Logos
- Brand names
- Graphics
- Product descriptions
- Text
- Page designs
- Website layout
- Videos
- Other original materials
is owned by or licensed to Simmy Collections unless otherwise stated.
You may not copy, reproduce, modify, distribute, publish, sell or commercially exploit our website content without our prior written permission.
Unauthorised use of our content may infringe applicable intellectual property rights.
12. User Comments, Reviews and Submissions
If you submit reviews, comments, feedback, photographs, suggestions or other content to us, you agree that the content:
- Is accurate to the best of your knowledge.
- Does not violate the rights of another person.
- Does not contain unlawful, threatening, abusive, defamatory or offensive material.
- Does not contain malicious software or harmful code.
- Does not infringe copyright, trademarks, privacy or other rights.
By submitting content to us, you grant Simmy Collections permission to use, reproduce, publish and display that content for business and promotional purposes, where permitted by law.
We reserve the right to remove content that we believe violates these Terms or is otherwise inappropriate.
13. Personal Information
Your submission of personal information through our website is governed by our Privacy Policy.
Please review our Privacy Policy to understand how we collect, use and protect personal information.
14. Errors, Inaccuracies and Omissions
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to:
- Product descriptions
- Product prices
- Promotions
- Shipping charges
- Delivery times
- Product availability
- Other website information
We reserve the right to correct errors, update information or cancel an affected order where permitted by law.
If an order is affected by a significant error, we will make reasonable efforts to contact you where appropriate.
15. Prohibited Uses
You must not use our website or its content:
- For any unlawful purpose.
- To violate applicable laws or regulations.
- To infringe our intellectual property rights or the rights of others.
- To submit false or misleading information.
- To impersonate another person or business.
- To transmit viruses, malware or harmful code.
- To interfere with the security or operation of the website.
- To collect or misuse another person's personal information.
- To send spam, phishing attempts or other malicious communications.
- To scrape, crawl or copy website content for unauthorised commercial use.
- To engage in activity that could damage or disrupt our website or services.
We reserve the right to restrict or terminate access to users who violate these requirements.
16. Disclaimer
We make reasonable efforts to keep our website available and functioning properly. However, we do not guarantee that:
- The website will always be available.
- The website will always be free from errors.
- Access will always be uninterrupted.
- The website will be completely secure.
- All website information will always be current or accurate.
You use the website at your own risk, subject to any rights and protections provided by applicable law.
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot legally be excluded under New Zealand law.
17. Limitation of Liability
To the maximum extent permitted by law, Simmy Collections will not be liable for losses arising from your use of, or inability to use, the website where such liability can lawfully be limited or excluded.
However, nothing in these Terms limits or excludes liability where doing so would be unlawful, including any rights or remedies available to consumers under the New Zealand Consumer Guarantees Act 1993.
Where liability cannot legally be excluded, our liability will be limited to the extent permitted by applicable law.
18. Indemnification
To the extent permitted by law, you agree to indemnify and hold Simmy Collections, its employees, contractors, suppliers and service providers harmless from claims, losses or expenses arising from:
- Your breach of these Terms.
- Your unlawful use of the website.
- Your violation of another person's rights.
- Your misuse of our website or services.
This section does not apply to the extent that such liability arises from our own unlawful conduct or cannot legally be transferred to you.
19. Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable, where legally possible.
If it cannot be made enforceable, it will be removed from these Terms without affecting the validity of the remaining provisions.
The remaining provisions will continue to apply.
20. Termination
These Terms remain effective while you use our website or services.
We may suspend or terminate your access to the website where permitted by law if you breach these Terms or engage in unlawful or harmful activity.
Any obligations or liabilities incurred before termination will continue to apply after termination where appropriate.
21. Governing Law
These Terms are governed by the laws of New Zealand.
Any disputes relating to these Terms or your use of our website will be subject to the applicable laws and courts of New Zealand, unless otherwise required by law.
22. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes to our business, website, products, services or legal requirements.
The latest version will always be published on this page.
We encourage you to review the Terms periodically.
Your continued use of the website after an updated version is published constitutes acceptance of the updated Terms, to the extent permitted by law.
23. Contact Us
If you have any questions about these Terms of Service, our products, orders or website, please contact Simmy Collections through the contact details provided on our website.