General conditions of sale

GENERAL CONDITIONS OF SALE

These General Conditions of Sale are applicable from 01/02/2025 and may be updated at any time by the Company.

1 – GENERAL INFORMATION

1.1 These general terms and conditions of sale (hereinafter "GTC") apply to all physical and material products made available to the public on the website of the company Simkye (hereinafter "the Company") identified under the domain name https://simkye.com (hereinafter "the Site"). The products concerned include in particular: clothing, accessories and personalized objects.

1.2 The offers for sale of Products on the Site are reserved for individuals of legal age or minors with legal capacity (holder of authorization from their parents or guardians) within the framework of so-called "retail" orders. The Products purchased on the Site are intended for the personal use of Customers, excluding professional exploitation, in particular by way of resale.

1.3 Any person making a purchase on the Site is hereinafter referred to as “the Customer”.

2 – APPLICATION OF THE GTC

2.1 These General Terms and Conditions come into effect as soon as the Customer places an order. The Customer undertakes to consult the General Terms and Conditions and to explicitly accept them before placing any order.

2.2 The Company reserves the right to modify, at any time, all or part of the T&Cs. The applicable T&Cs are those in force at the time of the order.

3 – CREATION OF CUSTOMER ACCOUNT

3.1 To place an order on the Site, the Customer must create a personal account by providing accurate information.

Name / First name / Company name

Civility

Email Address / Username

Shipping Address / Billing Address

3.2 The Customer is solely responsible for the confidentiality of his username and password.

All this information is mandatory for creating an account or placing an order.

3.3 The Customer is solely responsible for the confidentiality of his/her password and username, as well as for any order placed through his/her Customer Account. The Customer will therefore also be solely responsible for the consequences of any communication of this data to a third party. In addition, the Customer undertakes to ensure that the information transmitted as part of this account creation is accurate, complete, and regularly updated from his/her Customer Account. No fault, of any nature whatsoever, may be attributed to the Company in the event of the use of incorrect information in the Customer Account.

4 – ORDERS

4.1 Orders may be placed worldwide. Any Order placed by a Customer residing outside of French territory will be processed in accordance with these General Terms and Conditions, subject to any legislative provisions otherwise applicable in the country where the Customer placing the Order is domiciled.

4.2 The Customer wishing to place an order undertakes to comply with the following procedure consisting of:

- identify yourself on the Service by connecting to your Customer Account;

-select the desired Product(s) (by entering the desired size(s) and quantity) by clicking on the “Add to cart” icon;

- click on the “View my basket” icon to view your order summary displaying the details of the selected Products, the price of each Product and the total price including all taxes of your Order);

- Click on the “Proceed to payment” icon;

- Enter your delivery address if it has not already been registered when creating the Customer Account as provided for in Article 3 above;

- select your delivery method;

- pay for your order by clicking on the “Proceed to payment” link or any other link indicating that placing an order requires payment.

During the period between the effective payment of his order and the confirmation of the latter, the Customer will have the possibility of deleting or modifying, at any time, his order, in particular concerning the choice of Products selected, which the Customer may add or delete and/or the information communicated by the latter for identification purposes (including billing and/or delivery address).

Any confirmation of payment requires acceptance of these General Terms and Conditions, which the Customer undertakes to validate, after having fully read them, by ticking the box provided for this purpose.

4.3 Payment for the order is made online by credit card (Visa, American Express, MasterCard or any other credit card), or by any other secure online payment method that will be chosen subsequently by the Company and indicated to the Customer when paying for their order. In this regard, the Customer must provide the following information regarding their bank details:

- the bank card number;

- the expiry date of said bank card;

- the visual cryptogram of said bank card.

All this information is mandatory for order registration. Reference is made to article 10.3 concerning the personal data relating to the Customer collected by the Company.

The amount of each order will be debited by the Company before shipment. This total amount to be paid is that shown on the order summary page as well as on the order form sent to the Customer. The Products subject to the order remain the sole property of the Company until the latter receives full payment of the total amount of the corresponding order.

4.4 The Customer definitively validates his order when he proceeds to payment for his order. The data recorded by the Company constitutes proof of the nature, content and date of the order. Each order is archived by the Company. The Customer can access this archiving by making a written request to the Company's Customer Service (contact@simkye.com).

4.5 The Company will confirm the registration of the Customer's order by sending a confirmation email to the email address provided by the Customer. This acknowledgment of receipt will include the order number, the description of all the Products concerned, the unit purchase price including all taxes of each of the Products, the total amount excluding taxes and including all taxes of the order, the country of delivery and the amount excluding taxes and including all taxes of the shipping costs, the rate and amount of the applicable VAT.

The sending by the Company of a confirmation email definitively validates the Customer's Order. However, the Company reserves the right to refuse or cancel an order received from a Customer in the following cases:

- dispute(s) previously arising with the Customer relating in particular to the payment of a previous order;

- refusal of authorization to pay the order from banking organizations.

Furthermore, and in the event that the Company is unable to honor the order placed by the Customer, the latter will inform the Customer by e-mail as soon as possible and will proceed, provided that it has already collected the amount, to reimburse it.

5 – PRICE

5.1 The price of the Products appearing on the Site is indicated in euros including all taxes, excluding shipping costs (“shipping costs”). The applicable VAT will be that in force according to French law at the time of registration of the order concerned. The amount of VAT is specified on the order form, the invoice as well as during the validation of the basket, accompanied by the description of the Product(s) selected by the Customer, their respective price, the shipping costs and the total amount of the order.

5.2 The Company reserves the right to freely modify its prices at any time.

The Products ordered are invoiced on the basis of the price in force, as appearing on the Site's offer at the time the corresponding order is recorded.

5.3 For all Products shipped outside French territory, customs duties, import duties or other taxes may be applied. Any administrative formalities required from foreign authorities in connection with these imports, as well as the payment of any sums due in this regard, remain the sole responsibility and expense of the Customer. The price paid by the Customer does not include any of the aforementioned costs.

6 – DELIVERY

6.1 The Products are delivered to the address provided by the Customer as the latter registered it from the Site when creating their customer account and registering their order.

It is specified that for an order comprising different Products, all of these Products can only be delivered to a single address.

6.2 The Customer assumes the risk of transport and must report any incident (damaged package, missing product) within 3 days of receipt.

6.3 The following different delivery methods are offered to the Customer:

* home delivery:

An average delivery time of 5 to 15 days is to be expected depending on the delivery destination indicated. If the Customer is absent and the size of the package does not allow it to be dropped off in the mailbox, the said package will be made available at the post office to which the Customer is attached. The Customer has a period of 15 consecutive days from the arrival of the package at the post office to collect it. After this period, it will be returned to the Company and cannot be reshipped.

7 - PRODUCT CONFORMITY - GUARANTEES

7.1 In the event that a Product delivered by the Company is defective or does not conform to its order, the Customer may inform the Company thereof, by e-mail (contact@simkye.com) or by registered letter with acknowledgement of receipt addressed to the attention of the Company's Customer Service, specifying in detail the elements of non-conformity of the Product to its order or the defects noted on it, within a maximum period of 14 (fourteen) days following the date of delivery of said Product, accompanied by proof of purchase (purchase order or invoice).

The Company will proceed to the Client's choice:

- either to the full reimbursement of the price of the Product (increased by the shipping costs and the costs of returning the Product upon presentation of proof) in the event that the Customer returns the Product to the Company;

- or, if possible, to the exchange of the said Product;

subject, however, to the application of the provisions of Article L.217-9 of the Consumer Code. It is up to the Customer to specify this choice in the aforementioned letter. Failing this, the Company will proceed by reimbursement.

This warranty shall not apply to defects caused by use by the Customer of the Product concerned, which does not comply with the normal intended purpose of this Product, nor to the implementation of the aforementioned conformity guarantee after the expiry of the aforementioned period. In addition, it is the Customer's responsibility to ensure that the conditions for returning the Product to the Company will be carried out under conditions similar to those of the initial shipment, in particular in order to cover the risks of loss or deterioration of the Product, which fall exclusively on the Customer.

7.2 The Products presented for sale comply with French legislation in force on the date of the order. It is the responsibility of each Customer located outside French territory to check with the competent local authorities the possibilities of importing and using each of the Products that he/she plans to order, as well as their compliance with the legislation in force in the country of delivery concerned. Consequently, the Seller cannot be held liable under any circumstances due to the non-compliance of one or more Product(s) ordered with the local regulations of the said country.

8 - RETURN & REFUND POLICY

At Simkye, each product is made to order, especially for you. Therefore, we do not accept returns or exchanges, except in cases of defects or manufacturing errors.

8.1 Defective Products or Production Error

If you receive an item with a manufacturing defect or production error (wrong size, wrong color, incorrect product), we offer:

A full refund, or a return of the product at no additional cost

Proof required: Please send photos of the defect found to contact@simkye.com within 14 days of receiving your order.

8.2 Customer Order Error

If an error was made when ordering (e.g., wrong size, color, etc.), we cannot accept returns. However, we will treat each case individually and do our best to find a suitable solution.

8.3 Complaint Procedure

Send us photos of the defect found (if applicable).

Once your request is validated, we will offer you a refund, a replacement or a suitable solution.

9 - INTELLECTUAL PROPERTY - PERSONAL DATA

9.1 All elements of the Site and the Products, including but not limited to texts, images, logos and designs, remain the exclusive property of the Company and are protected by intellectual property laws. Any unauthorized reproduction or use is prohibited.

9.2 Customers' personal information is collected and processed in compliance with current regulations regarding the protection of personal data.

Simkye

contact@simkye.com