Terms and Conditions

These Terms and Conditions form an agreement that defines the basis of the relationship between us and you. When you use our site in any way, you are agreeing to these terms and conditions in full. If you don’t agree or do not accept any part of these Terms and Conditions, please do not use our site.

Definitions

In these Terms and Conditions:
“Site” means the Mingoes web site and associated services
“We” means Mingoes, Simmarcom Limited
“You” means you the visitor and customer of the Mingoes site
“Products” or “product” means any product or service you buy from the Mingoes site
“Agreement” means these Terms and Conditions

General

Simmarcom Limited (www.simmarcom.co.uk) is the owner, copyright owners and operator of the site. Simmarcom Limited is registered in England, registration number 8982780, and our registered address is 3 Redman Court Princes Risborough Buckinghamshire HP27 0AA.

By accepting our terms and conditions, you are also accepting our privacy policy in full. The sites use cookies, and by continued use of the sites you are agreeing to our use of cookies in accordance with our privacy policy which explains our cookies usage.

This agreement shall be governed by the laws of England and you agree to the exclusive jurisdiction of the English courts.

You acknowledge that, if any part of this agreement is held invalid or unenforceable, all other clauses, terms and parts of clauses will remain in force and shall continue unbroken.

No clause or action by you or us at any time may be construed as waiver of any part of the agreement

Delivery, cancellations and returns

We will confirm your orders by email. If you do not receive the email, please contact us and we will re-confirm by reply.

We reserve the right to decline any order for any reason without explanation.

You may cancel your order at any time by sending us notification by email, but we can only accept a cancellation if we have not yet sent your order.

We always try to send your purchased products as quickly as possible after you place your order in line with our delivery terms. But because of the complexities of the Internet and postal services we do not guarantee an actual delivery date, time, or schedule. We send items by the postal or courier service stated at the time of order, and we bear no liability for the failure of any third-party to meet their delivery obligation or promise.

You may decide that the item you purchased is not suitable or otherwise unwanted. We will refund your payment in full provided that:

  • You notify us within 10 days of us sending the order to you
  • and we agree and authorise the return. We will not reasonably refuse authorisation
  • and you return the item to us in its original condition and unused. For some low-cost items where it is not cost effective to return, we may accept other proof that the item will be disposed of. We will advise when this is the case

You may be liable for the cost of returning goods at our discretion.

Products may become unavailable, and you may cancel or amend your order if we are any products become unavailable.

You must ensure that our delivery to you can be accepted. Additional delivery costs incurred by us due to your not making suitable acceptance arrangement may be charged to you at our discretion.

You bear the risk and cost of returns, except where we agree to bear the cost at our discretion.

Unless we agree in advance, we will only ship products to UK postal addresses and all order for delivery outside of the UK will be cancelled by us.

Payments and refunds

We do not directly process any credit card or debit card payment and you acknowledge that we incur a non-returnable transaction fee for each payment (which is deducted by PayPal from the amount paid by you through PayPal). We do not hold any credit card or debit card information. To prevent fraud, we will only refund to the PayPal account you used to make payment, and you therefore agree to maintain the PayPal account from which you made payment for the life of your use of our site, so that payments and refunds may be properly processed.

We will wait until payment is cleared and completed by PayPal before we send any purchased items. We are not responsible for delays or problems with the PayPal payment service.

We will only send an order when payment has been made in full, and we will not part-ship any part of an order.

We consider “unreasonable repeated return or refund requests” to mean more that eight such request from you in any rolling 12 month period.
Where payment is made and processed through PayPal (a 3rd party payment processor) we receive that payment less a PayPal transaction fee, which is deducted form the amount paid to us by PayPal. For unreasonable repeated return or refund requests which we do not consider to be caused by us, we will refund amounts reduced by the PayPal transaction charge we incurred during the processing of the originating payment and any refund.
Where, at our discretion, you are unreasonably requesting repeated refunds for products shipped to you, we reserve the right to terminate your use of the site and we will refund all payments for products that we have not yet shipped. You agree to cease placing further orders if we inform you that your use of the site is terminated.

Payment disputes with PayPal or your card provider are between you, PayPal and the card provider. We have no responsibility or liability for your payment transactions.

Misuse or suspected misuse on your part (such as suspected money laundering or tax evasion) will result in your access to the site being terminated immediately. We will always report suspected, suspicious, or illegal use of our service to the proper legal authorities and police.

Any payment that is not completed, fraudulent, rejected by PayPal or charged-back to us in any way, will result in the cancellation of your order. If you charge back the payment to us after we have sent your order, you acknowledge that remain liable to for making payment in full within 5 days of us sending the order.

We will endeavour to make refunds as soon as practically possible, normally with 2 working days of agreeing to do so, but always with 30 days after agreeing to do so. Refunds are provided in line with out policies and on the basis of goodwill, and the payment of a refund does not indicate any error or liability on our part.

Where we offer or provide something for zero cost, or free, you acknowledge that this is offered as goodwill, has zero (£0) value, zero (£0) refund value, comes without any contractual obligations on our part, and that you remain bound by this agreement.

Your responsibility and conduct when using the site

You agree to use this site for lawful purposes, and you agree to be open, honest, fair and transparent in your use of the site at all times, and to provide accurate information.

You agree to abide by the Laws governing England.

You are free to use this site if you are an individual or if you represent a company. The site is a family-orientated site and contains content suitable for families. However, you must be 18 years of age or over to purchase products from this site, and because not all products for sale on this site are suitable for everyone of any age, you accept total responsibility to ensure that any product you purchase is suitable for the person intended to own or use it. This applies particularly to products that you may give to babies and children. You acknowledge that only you have control over what you do with the products.

You may not copy, transfer, misrepresent or resell any content presented on the site.

Where you have registered or have an account on this site, you agree to accept responsibility for keeping your login credential safe and secure, and not to share them or expose them in any way with any other user, person or company. You accept liability for any costs incurred when using your login to the service irrespective of who uses the service. If you suspect your login credentials have been compromised, you will inform us immediately.

Content

While we make every effort to keep this site up to date, we do not provide any guarantees or warranties that all information is accurate or current. We do not undertake to monitor, review, assess or correct every item of content. We may change our site, its content of the products advertised without notice

Copyright

The site, and all content on the site, remains the property and title of Simmarcom Limited at all times. You may not misrepresent this site, or mislead any other party as to the owner of the site. In using this site, you acquire no rights or ownership in whole or in part. You acknowledge that we own and retain copyright for this site and for all content on the site, except where we explicitly state otherwise.

If you have a reason to believe the copyright of any material or content on our site is owned by another party and is incorrectly used, we will act to remove any suspect content until the copyright position is established.

You may not copy, resell or reproduce any product that you purchase from us, and you acknowledge that you do not gain any copyright or reproduction rights as a result of buying products from the site. You also acknowledge that you will compensate us in full for any losses that we incur that result from your action.

Dispute

In the case of dispute, you and we agree to act reasonably to resolve problems, and allow adequate time for proper discussion and mediation before initiating any formal legal action, and that you bear our costs if you do not do so.

You agree to notify us of any problems within 30 days of any problem occurring.

Price

All prices shown on the site are in UK GBP (£ sterling), and we only trade in UK GBP (£ sterling).
If we incorrectly advertise a price that could reasonably be considered an obvious error on our part, that product will be removed from all orders.

Warranty

You agree to use our site at your risk, and you acknowledge that Mingoes, Simmarcom Limited, nor any of its employees, agents, representatives or other party, makes any warranty as to the outcomes of your use of the site, including, without limitation, the warranty of outputs, outcome or fitness for purpose, expressed or implied, of the site of the products you purchase from the site.

Indemnity

You agree to hold harmless, defend and indemnify Mingoes, Simmarcom Limited, its officers, directors, employees and representatives, from and against any claims, liabilities, damages, losses, and expenses, including, without limits, reasonable legal fees, arising out of or in any way connected with your use of the site, or your violation or breach of this agreement, or use by any person using your computer or device.

You will refund to us all fees and costs incurred by us in complying with proper law enforcement or courts demands, as a result of any action or notification made by you.

Liability

In all cases, you are liable for all direct and indirect costs that we incur resulting from your inappropriate or illegal use of the site, or for misuse of the site, or for your breaches of this agreement, or for costs incurred as a result of your unreasonable or non-permitted use of the site.

Our liability

The site is provided “as available” and “as is” by us. You acknowledge that you use this site at your own risk and we bear no liability for the unavailability of the site.

We do not accept liability for loss or damage incurred by visitors or customers of this site, whether direct, indirect or consequential, whether caused by tort, breach of contract or otherwise, in connection with this site and its use.

Our total and maximum liability to any person or company is limited to monies that you have paid to us for the particular product or service in question. You acknowledge that you cannot claim a refund amount that is greater that the amount you have paid for any transaction in dispute. You agree that our liabilities as stated herein are reasonable.

We make no warranty as to the adequacy or appropriateness of the products for your intended purpose.

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

Site security

We will take reasonable steps to ensure data and information collected by the service is properly stored.
You may not hack or try to hack, unlawfully access data, or disrupt or try to disrupt the intended operation of our site by any means, including virus, denial of service, overloading, cyber attacking, probing, hacking, spoofing, scanning, scripting, security breaching, traffic intervention, or by any other method, and you must not allow any 3rd party to perform such activities. You acknowledge that such an action will be legally actionable by us and you are liable for all costs and losses incurred (as defined by us) as a direct and indirect result of your action.

Virus and malicious software

We take steps to ensure this site does not present viruses, malware or other malicious software. You must have in place your own precautions against viruses, malicious software, trojans, key-loggers or other malware which may damage your own computer system. We cannot accept any responsibility for any loss or damage which you suspect arose from your use of our site.

Start of this agreement and termination

This agreement will commence when you use the first use this site, and will remain in force even after your use of the site, even if we terminate or disallow your use of the site.

Disclosure of information

We will not disclose any personal, contact or attributable data to any third party, except where:

  • It is properly requested by law enforcement or a court action
  • We believe, at our sole discretion, that your use of the service may be illegal, and where we are bound by law or duty to pass such information to law enforcement or the courts
  • The Mingoes business and/or the site, or Simmarcom Limited, is bought by, or transferred to, another company, under which circumstances your contact details will be passed to the acquiring company in order to maintain your ongoing access to the service, unless you inform us otherwise in writing within 7 days of our notice that states we intend to make such as sale or transfer to another company
  • It is essential to disclose your information to a third party for us to fulfil your order (such a third party is the postal or courier service) or where a third party company is selling products on our site and needs information to fulfil your order

Data availability

You may request to receive a copy of data that we hold in our files that is related to you and your transactions, and we will charge a small fee (£10) for such a report payable in advance of the information being sent.

We reserve the right to permanently delete any information at our discretion and without notice.

Notices, and Changes and Updates to these terms and conditions

We will post changes to this agreement on the site. Please regularly review these terms and conditions.


27th August 2016: This page was created