Terms of Service

TERMS OF SERVICE

1. AGREEMENT TO TERMS

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.

These Terms of Service (these “Terms”) apply to the purchase and sale of products and services through the simmple-us.com website (the "Site"). These Terms are subject to change by Simmple LLC (referred to as “simmple,” "us," "we," or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

2. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between simmple and you will not take place unless and until you have received your order confirmation email.

 

Non-acceptance of an order may be a result of one of the following:

  • The product you ordered is unavailable from stock.

  • Our inability to obtain authorization for your payment.

  • The identification of a pricing or product description error.

  • A system or procurement failure.

3. Prices and Payment Terms

(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

 

(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept MasterCard, Visa, Visa Debit, and Paypal for all purchases. Purchases will appear on your statement as "simmple-us.com". You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or bank, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

 

4. Subscription Renewals

You will automatically be charged on a monthly basis for your ongoing subscription, with each recurring charge occurring on the same calendar date each month as your initial purchase date (for example, if you purchased on March 24th, you will be billed on April 24th, May 24th, and so on). To cancel, you must log in to your account and cancel the subscription before your next scheduled billing date. YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR NEXT SCHEDULED BILLING DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER MONTH. All cancellation requests received after your scheduled billing date will apply to the following subscription period. We may refuse to renew any subscription in our sole discretion.

5. Shipments, Delivery, and Processing

(a) Order Processing. Please allow 1-2 business days to process your order, regardless of the shipping option selected. We ship Monday through Friday, excluding weekends and holidays. You will receive a tracking number via email once your order has shipped.

(b) Tracking. All shipments include tracking with delivery confirmation. Tracking information may take 1-2 business days to become active. If tracking information confirms an item has been delivered to your order address but you have not received your order, please contact the courier directly to investigate. We are not liable for packages where tracking information states the package has been delivered to your order address.

(c) Address Accuracy. It is the responsibility of the buyer to ensure the shipping address is entered correctly. Due to our efforts to process orders quickly, there is a very limited time frame to change an order's address. If you need to change your shipping address, please contact us immediately at support@simmple-us.com. We will do our best to make the change but cannot guarantee we will be able to do so.

6. Returns and Refunds

All returns and refunds are governed by our Returns Policy, available for review on our Site.

7. Goods Not for Resale

You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale on platforms such as Amazon, eBay, or otherwise.

8. Member Account and Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password, or any other breach of security. simmple will not be liable for any loss or damage arising from your failure to comply with this section.

9. Limitation of Liability and Indemnification

(a) IN NO EVENT SHALL SIMMPLE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) You agree to indemnify, defend, and hold harmless simmple, its officers, directors, employees, agents, and suppliers from and against all claims, liability, damages, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you or any other liabilities arising out of your use of this Site.

10. Communications Consent (SMS & Phone)

By providing your phone number on this website, you consent to receive promotional text (SMS/MMS) messages from us. You may opt-out at any time by following the instructions provided in the message. You also agree to receive order confirmation calls and abandoned cart reminder calls from our support and sales teams. To opt-out of calls, please email support@simmple-us.com with the subject line "DO NOT CALL" and include your information.

11. Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the United States. Any dispute concerning the use of this Site will be determined exclusively by the Courts of the United States.

12. General Provisions

(a) Entire Agreement. These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

(b) Changes to Terms. We may change these Terms at any time. If any of these Terms are invalid or unenforceable, the remainder of these Terms shall continue to have full force and effect.

(c) No Waiver. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

13. Contact Information

Questions about the Terms of Service should be sent to us via email or mail at:

Simmple LLC 315 E 5th St. STE 202 Waterloo, IA 50703 Email: support@simmple-us.com