Article 1 – Subject
These terms aim to define the sales agreement between SIMKHA and THE CUSTOMER. These terms apply exclusively to non-commercial individuals who are considered consumers.
Article 2 – Orders
THE CUSTOMER places an order online from our catalog. Orders can only be placed on the site after THE CUSTOMER has securely logged in using their personal customer account identifier and password. Any loss or omission should be promptly reported to SIMKHAÂ by contacting Customer Service via the site’s contact page.
Placing an order implies acceptance of the prices and product descriptions available for sale. Any disputes regarding this will be handled through possible exchanges and the guarantees mentioned below.Â
Before final confirmation, THE CUSTOMER can modify their cart. This final step formalizes the sales contract between SIMKHA and THE CUSTOMER. SIMKHA commits to fulfilling orders received on the website only within the limits of available product stocks. If a product is unavailable, SIMKHA will notify THE CUSTOMER promptly.
In certain cases, such as non-payment, incorrect address, or other issues with THE CUSTOMER’s account, SIMKHA reserves the right to hold the order until the problem is resolved. Additionally, SIMKHA reserves the right to cancel an order if there is an error in the sales price or product photo displayed online.
Article 3 – Shipping
Packages can be shipped to Canada, the United States, Europe, and other countries serviced by our shipping providers. For international deliveries, THE CUSTOMER should check the delivery section for shipping terms and costs. In Canada, orders are shipped using Canada Post or Purolator services. International orders are handled by FedEx, UPS, or Canada Post services. Delivery time begins when your package is transferred to the Shipping department. SIMKHA is not liable for lost or stolen packages or delays caused by Canada Post and other shipping services.
Article 4 – Payment
THE CUSTOMER can pay for their purchases online using a bank card (Visa, Mastercard, or via Paypal) or by Interac transfer. If any products are out of stock, the debit will only be processed for the items actually shipped.
Article 5 – Pricing
Prices are indicated in US dollars excluding taxes. The prices indicated on the site are guaranteed for the duration of the online posting and while stocks last.
Article 6 – Returns and exchanges
For hygiene reasons, products cannot be returned unless you receive the wrong item in your package. In such instances, we will exchange the incorrect product for the right one.
Article 7– Liability
We strive to accurately describe all products on our website. However, SIMKHA cannot be held responsible for non-performance due to unforeseeable actions of third parties or force majeure events. Similarly, we are not liable for inconveniences or damages related to internet usage, such as service interruptions, external intrusions, or computer viruses. SIMKHA reserves the right to cancel orders or transactions due to our own errors and cannot be held accountable for inaccuracies displayed on the site.
Article 8 – Personal data
SIMKHA reserves the right to collect data about THE CUSTOMER, particularly through the use of cookies. This data collection by SIMKHA, as the data controller, is necessary to fulfill THE CUSTOMER’s requests.
By providing their email to SIMKHA, THE CUSTOMER can receive order confirmations. Depending on the preferences set when creating or managing their account, THE CUSTOMER may also receive promotional offers from SIMKHA via email.
It is SIMKHA’s responsibility to ensure the accuracy and currency of the personal data it holds. Therefore, THE CUSTOMER has the right to access, modify, and delete their information. They can update their personal contact details and unsubscribe from promotional offers by clicking the unsubscribe link in the newsletter.
Article 9 – Intellectual property
All elements of the SIMKHA website, whether visual or audio, including underlying technology, are protected by copyright, trademarks, or patents. Therefore, none of the documents from the SIMKHA site may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any manner without explicit permission, except under the following conditions: you may download a copy of the documents onto a computer for personal, non-commercial use only, provided that the information is unaltered and all copyright and proprietary notices are retained. Modifying these documents or using them for any other purpose constitutes a violation of SIMKHA’s intellectual property rights.
Customers who have personal websites and wish to place a simple link to the SIMKHA site’s homepage for personal use must obtain authorization from SIMKHA. However, any hypertext link to the SIMKHA site using framing or in-line linking techniques is strictly prohibited. In all cases, any link must be removed upon request from SIMKHA.
The brands, logos, designs, and models displayed on this site are the exclusive property of SIMKHA. Their disclosure does not grant any license or right to use these trademarks and distinctive elements protected by copyright. Therefore, their use is prohibited and may result in legal action for infringement.
Article 10 – Completeness
If any clause of this contract becomes invalid due to a change in legislation, regulation, or court decision, it will not affect the validity or compliance of these general conditions of sale.
Additionally, these general conditions of sale may be updated in accordance with changes in law.
Article 11 – Duration
These conditions remain applicable for as long as the products offered by SIMKHA are available online.
Article 12 – Proof of transaction
The computerized records stored in SIMKHA’s computer systems and those of its partners, under secure conditions, will serve as evidence of communications, orders, and payments made between the parties. Purchase orders and invoices are archived on a reliable and durable medium to ensure accurate and long-lasting records.
