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Terms & Privacy

TERMS OF SERVICE OVERVIEW

Our website is operated by Simpel and is hosted by Shopify Inc., who provides us with an online e-commerce website that allows us to sell our products and services to you. By visiting Simpel and/or purchasing something from us, you are engaging in our service and agree to our terms and conditions stated on this website. These terms apply to all users, including contributors of content, customers, vendors, merchants, and browsers. It is important that you read and understand our terms and policies before using our website. If you do not agree to all terms and policies, then you may not access or use our services. We reserve the right to update, change, or replace any part of our terms and policies by posting updates and/or changes to our website. Your continued use of our service constitutes acceptance of those changes.

ONLINE STORE

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country of residence, or you have obtained the necessary consent from your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, and you must not violate any laws in your jurisdiction, including copyright laws. Furthermore, you must not transmit any worms, viruses, or any code of a destructive nature. Violation of any of these terms will result in the immediate termination of your services.

GENERAL CONDITIONS

Simpel reserves the right to decline services to anyone for any reason at any time. While using our service, you understand that your content (excluding credit card information) may be transferred unencrypted. For example, an email to you confirming your purchase may involve transmissions over various networks and undergo changes to conform and adapt to technical requirements. However, credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any element of our service without written permission from us. Headings used in this agreement are for convenience purposes only and will not limit or affect any of our terms.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The material on this site is provided for general information only and should not be solely relied upon for making decisions. While Simpel strives to keep the information on the website accurate and up to date, we cannot guarantee that all information is complete or current. Simpel reserves the right to modify any content or services on our website without prior notice. This includes but is not limited to pricing changes, modifications to descriptions or content, discontinuation of products or services, posting of articles, modification or suspension of services, or discontinuation of services. Simpel may include content that is not necessarily current and is provided for informational purposes only. We shall not be liable for any modifications to our services.

SELLING OF PRODUCTS OR SERVICES

Simpel reserves the right to refuse or limit the sale of any Simpel product or service to any person or geographic region and may exercise this right at any time. This includes reducing or declining any order or service requested. Simpel may choose to refuse any order placed by resellers, dealers, or distributors. Products and services may be available solely through our online web store and may have limited quantities. They are subject to return or exchange in accordance with Simpel's return policy. While we aim to display all items and colours as accurately as possible, we cannot guarantee that your monitor will represent the product colour exactly as intended. The quality of the product, service, or information obtained by you may not meet your expectations, and we cannot be held liable for such discrepancies.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

By purchasing through Simpel, you agree to provide accurate and up-to-date information to complete the transaction, including contact name, address, phone number, billing/shipping address, and email. The information provided by you will be deemed accurate by us, and we take no responsibility for errors or mistakes in that information. You warrant that the information provided is lawful and not being unlawfully used to purchase goods from us. If the information provided is in doubt, we reserve the right to cancel your order without notice.

Simpel. is a trading name of:
Simpel Wetsuits Ltd
Registered number: 15126809
Operated by: Looselabel Ltd
Registered address: c/o Thomas Westoctt; Plym House, 3 Longbridge Road,
Plymouth, Devon, PL6 8LT, UK

PRE-ORDERS

Pre-orders are orders for products that are not yet available for general sale from Simpel. To place a pre-order, you will need to provide certain information, including your name, address, and billing information. It is your responsibility to ensure this information is accurate and up to date. Pre-order payments represent your offer to buy the product when it is generally released or restocked in your region. The offer is only accepted once the pre-ordered product is dispatched. You may cancel your pre-order and receive a full refund before the product is dispatched. Shipping dates are subject to change, and we cannot be held liable for any changes to release dates or pre-order shipping dates. Pre-orders placed with Simpel can be cancelled prior to notification of dispatch and a tracking number being provided. In such cases, a full refund of any pre-order payment will be offered. We reserve the right to amend these terms, and any updates will be available on our website.

THIRD PARTIES

Simpel may provide access to third-party services or websites, which we do not monitor or have control over. We are not responsible for examining or evaluating the content provided by these third parties and shall not be held liable for any harm or damages related to your use of third-party links or tools. By following any third-party links, you do so at your own risk, and the terms and conditions of the third party apply. We encourage you to review the relevant terms and policies before engaging with third-party services or websites. Simpel does not warrant the use of any third-party tools or websites.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

Any comments or submissions made by you directly to Simpel, including creative ideas, proposals, suggestions, or contest entries, may be edited, copied, distributed, translated, and/or published by Simpel at our discretion. We are not obligated to respond to any comment or maintain any comments in confidence, nor are we required to provide compensation. We reserve the right to monitor, edit, or remove content that we determine to be threatening, unlawful, abusive, defamatory, libelous, offensive, violating service terms and/or policies, or any other content that we deem inappropriate. You agree not to violate our terms or policies or the rights of any third party, and you acknowledge that your comments should not contain abusive, libelous, unlawful, defamatory, offensive, or computer virus-related content.

PERSONAL INFORMATION

Simpel handles all personal information in accordance with our privacy policy and applicable data protection laws. Your personal information is used to complete the purchasing transaction initiated by you and to ensure the delivery of goods to your chosen destination. The lawful basis for processing this data is the necessity for the performance of a contract between you and Simpel. We do not hold or request any information related to health, sexuality, or religious beliefs. Your personal data is stored securely in accordance with industry standards by our trusted data service partners, such as but not limited to Shopify, Xero, Stripe, PayPal, and Microsoft 0365. We retain your data for no longer than necessary to fulfill warranty obligations or comply with relevant regulations. We do not share your personal data with third parties, except for necessary information shared with your credit card provider during the point of sale.

Data we collect

This data collection notice outlines the types of personal data we gather about you and how we use it. Personal data refers to any information that can identify an individual. Please take a moment to review the categories of personal data we collect:

  • Identity Data: This includes your full name, username, marital status, date of birth, gender, User ID, and Social Media profiles.
  • Contact Data: We collect your billing address, delivery address, email address, and telephone numbers.
  • Financial Data: To process payments, we may collect bank account details, payment card information, and third-party payment account details such as but not limited to Stripe, PayPal, Klarna.
  • Transaction Data: Details of your payments and purchases from us are included in this category.
  • Technical Data: This data includes your IP address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and data collected by third parties (e.g., Google Analytics) on the devices you use to access our website.
  • Profile Data: We gather your username and password, purchase history, interests, preferences, product reviews, feedback, and survey responses.
  • Usage Data: Information about how you use our website and products is collected in this category.
  • Marketing and Communications Data: Your preferences for receiving marketing communications from us and our third parties, as well as your communication preferences, fall under this category.

We also use Aggregated Data for analytical purposes. Aggregated Data is statistical or demographic data that does not directly or indirectly identify an individual. For instance, we may analyse Usage Data to determine the percentage of users accessing a specific website feature. However, we will not combine Aggregated Data with your personal data in a way that can identify you.

We do not collect any Special Categories of Personal Data, such as details about your race, ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health information, genetic data, or biometric data. Additionally, we do not collect any information about criminal convictions and offenses.

Please note that if we are required by law or under the terms of a contract to collect specific personal data and you fail to provide it when requested, we may not be able to fulfill the contract or provide you with certain goods or services. In such cases, we will notify you accordingly.

Collection of Personal Data

We employ various methods to collect data from and about you, which include:

  1. Direct Interactions: You may provide us with your Identity, Contact, and Financial Data by filling in forms or corresponding with us via post, phone, email, or other means. This includes personal data you provide when:
    • Browsing through our Website
    • Making a purchase or attempting to purchase our products through our Website
    • Creating an account on our Website
    • Subscribing to our newsletter
    • Requesting marketing materials from us
    • Providing feedback or contacting us regarding our products
  2. Automated Technologies or Interactions: As you interact with our Website, we automatically collect Technical and Profile Data related to your equipment, browsing actions, and patterns. We use behavioral metrics, heatmaps, and session replay to understand how you use and interact with our website, thereby enabling us to improve and market our products/services. We gather this data through first and third-party cookies and other tracking technologies for purposes such as determining product/service popularity, analyzing online activity, site optimization, fraud/security measures, and advertising. Additionally, if you visit other websites using our cookies, we may receive Technical Data about you. For further details, please see cookie section below.
  3. Third Parties or Publicly Available Sources: We may receive personal data about you from various third parties, including:
    • Technical Data from social media providers such as Facebook, Instagram, Pinterest, and Tik Tok
    • Technical Data from analytics providers like Google, Google Analytics, Google Tag Manager, Microsoft Clarity, and Quantcast (located outside the UK)
    • Technical Data from ad management providers such as SA360
    • Technical Data from advertising networks like Facebook 'pixel', Google Ads, DV360, Adtraction, Microsoft Ads, Flashtalking, Space back, and Criteo (based outside the UK)
    • Technical Data from any other marketing agencies engaged by us from time to time.

How We Utilize Your Personal Data

We ensure that your personal data is used only when permitted by law. Below is a comprehensive breakdown of how we use (process) your personal data and the reasons behind doing so:

  1. Providing Our Goods to You:
    • Information Requested: As specified in "The Data We Collect About You" section.
    • Our Reasons: We provide our goods to you in accordance with the terms and conditions between us.
  2. Account Creation:
    • Information Requested: Full name, email address, address, ID/username, password, order details, and personal interests.
    • Our Reasons: To manage your order, send marketing communications, and offer a personalized service. We rely on our legitimate interests to collect and use your personal data when you create your account.
  3. Purchases and Order Management:
    • Information Requested: Full name, email address, address, contact information, personal description or preferences, transaction information (including purchased products), payment information, and purchase history.
    • Our Reasons: To help you finalize your order where you have left items in your basket, provide product updates, process your order, manage payment, handle communications related to your order, secure your transactions against fraud, manage complaints, and run analytics. We rely on the performance of a contract when you make an order, and our legitimate interests are to improve our products and services, better communicate with you, and prevent fraud or criminal activity.
  4. Newsletter and Marketing Subscription:
    • Information Requested: Full name, email address, contact information, personal description or preferences, order details, user- generated content, and other shared information.
    • Our Reasons: To provide new customers with a discount on their first order, keep customers up to date with brand news and offers, send marketing communications, maintain an opt-out list, and run analytics. We rely on our legitimate interests to collect and use your personal data when you sign up for our newsletter.
  5. Responding to Enquiries:
    • Information Requested: Full name, email address, contact information, order information, and other shared information.
    • Our Reasons:To respond to enquiries communicated to us through various means. We rely on our legitimate interests to collect and use your personal data when you submit information to us to respond to your enquiries.
  6. User-Generated Content:
    • Information Requested: Full name, email address, contact information, personal description or preferences, and other shared information.
    • Our Reasons:To deal with any queries or complaints you might have. We rely on our legitimate interests to collect and use your personal data when you submit information to us to respond to your queries and communicate with you.
  7. Returns/Refunds:
    • Information Requested: Full name, email address, bank details (for refund processing), and contact information.
    • Our Reasons: To perform our duties under the contract, process your return, and provide a refund. Our legitimate interests are to improve the sale of our goods to you.
  8. Legal and Regulatory Requirements:
    • Information Requested: Full name, contact information, and order history.
    • Our Reasons: To comply with our legal or regulatory obligations, when required by law or at the request of authorized authorities conducting investigations. Our legitimate interests are to comply with legal obligations.
  9. Social Media Channels:
    • Information Requested: Full name, email address, photos, gender, age, location, and ID related to the social media platform.
    • Our Reasons: To communicate with you by replying to your comments or messages. We rely on our legitimate interests to collect and use your personal data, aiming to improve the sale of our goods to you.
  10. Survey Responses and/or User Feedback:
    • Information Requested: Your name, email address, and contact details.
    • Our Reasons: To enhance the user experience of our website and improve our products and business departments. We rely on our legitimate interests to process your data in this manner.
  11. Profiling:
    • Information Requested: Any personal information as specified in the table above, including internet and browsing history, location data, and buying habits.
    • Our Reasons: To send personalized communications. We rely on your consent to collect and use your personal information for profiling. You have the right to object to the use of your personal data for profiling at any time.

If you have any questions or wish to exercise your data protection rights, please contact us using the contact details provided below. We value your privacy and are committed to handling your personal data responsibly.

WHERE YOUR DATA IS STORED

Simpel uses secure cloud services to manage our website, stock, accounting, and process orders from the general public. We also use cloud services to run marketing campaigns and promote our products to the general public. We use service partners such as, but not limited to; Shopify, Xero, Stripe, PayPal, and Microsoft 0365. all of which adhere to the highest security standards. The marketing services we use include Facebook, Instagram, Google, and Bing.

RETENTION OF PERSONAL DATA

For product warranty and accounting regulations, we retain your data (excluding credit card information) for a period necessary to cover warranties or comply with regulations. The information retained for this period includes your name, address, shipping address, email, and purchased goods, which are essential for identifying the transaction.

ERRORS, INACCURACIES, AND OMISSIONS

While Simpel strives to ensure the accuracy and completeness of the information on our website, there may be typographical or imagery inaccuracies and/or omissions regarding product pricing, descriptions, shipping charges and times, availability, and offers. In the event of such errors, we reserve the right to correct the information and cancel any orders without prior notice. We are under no obligation to update, edit, or clarify any information related to the service or our website, except where required by law.

PROHIBITED USES

You are prohibited from using our site or content for any unlawful purpose or soliciting any third party to participate in unlawful acts. This includes harassing, abusing, harming, defaming, intimidating, or discriminating against others. You must not submit false or misleading information or upload or transmit any malicious code or virus. Additionally, you must not interfere with the security features of our service or any related website. Simpel reserves the right to terminate your use of our services and take legal action if you violate our terms.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Simpel works with reputable web providers to maintain our website, but we cannot guarantee that the use of our service will be timely, secure, or error-free. We may amend, pause, or cancel our services at any time without notice. The use of our service is at your own risk. Simpel adheres to its returns policy for all services and products, and certain products or services may be exempt from warranty or return. Neither Simpel nor any of its directors, employees, suppliers, contractors, agents, or affiliates will be liable for any claims, losses, injuries, or direct or indirect damages resulting from the use of our website, service, or products. You agree that we may remove the service for indefinite periods of time or cancel the service at any time without notice.

INDEMNIFICATION

You agree to indemnify Simpel and its employees, associated businesses, agents, contractors, licensors, or any other associated party and defend them from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these Terms of Service.

SEVERABILITY

If any term or policy set out by Simpel is determined to be void, unenforceable, or unlawful in your particular jurisdiction, our liability shall be limited to the full extent permitted by law. This limitation of liability will apply only to the terms deemed unenforceable within that jurisdiction and will not affect the validity or enforceability of any other terms or policies outlined by Simpel.

TERMINATION

All liabilities and obligations incurred by the parties prior to the termination of this agreement will survive the termination. These terms of service are effective until terminated by either you or Simpel. You may terminate these terms of service by ceasing to use our services or by notifying us in writing that you no longer wish to use our services. Simpel may terminate this agreement at any time without notice if we suspect a violation of our terms or policies. In such cases, you will be held liable for all amounts up to and including the termination date, and we may deny you access to any services provided by Simpel thereafter.

ENTIRE AGREEMENT

These terms and policies constitute the entire agreement between you and Simpel and govern the use of our services. They supersede any prior agreements, proposals, or communications between you and Simpel, whether verbal or written. The failure to exercise or enforce any right or provision of these services shall not constitute a waiver of such right or provision.

GOVERNING LAW

These terms of service, policies, and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising from or related to these terms and services shall be subject to the jurisdiction and venue of the courts in Plymouth, UK.

CHANGES

We reserve the right to update, change, or replace any part of these terms of service by posting updates and changes to our website. It is your responsibility to review our website periodically for changes. Your continued use or access to our website or service following the posting of any changes to these terms of service constitutes acceptance of those changes.

CONTACT DETAILS

Simpel
Simpel. is a trading name of; Simpel Wetsuits Ltd, registered number 15126809.
Registered address:
c/o Thomas Westoctt
Plym House
3 Longbridge Road
Plymouth
Devon
PL6 8LT
UK
Email: care@livesimpel.com
Simpel is a trading name of Looselabel Ltd, registered number 09682410, VAT number 217780496.

PURPOSE OF PROCESSING DATA

The data you provide is used to complete the purchasing transaction initiated by you and to ensure the goods you have ordered are delivered to your chosen destination.

LAWFUL BASIS FOR PROCESSING

The processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering a contract. The contract is for the supply and delivery of goods paid for by the purchaser. The purchaser is the initiator of the contract between the two parties by choosing to purchase products from Simpel's online store.

RIGHT TO LODGE A COMPLAINT

If you believe that the processing of your personal data infringes the General Data Protection Regulation, you have the right to lodge a complaint with a supervisory authority. We encourage you to contact us first to address any concerns or issues before escalating the matter to a supervisory authority.

THE SOURCE OF PERSONAL DATA

We do not obtain personal data from any other sources outside of Looselabel Ltd. Or directly by you.

OBLIGATION TO PROVIDE PERSONAL DATA

While you are under no obligation to provide any personal data to Simpel, please note that your order cannot be processed without the necessary information requested.

PRIVACY NOTICE

This privacy policy is always available on our website, and we will bring it to your attention through email, social media, and our website to ensure its visibility and transparency.

PERSONAL DATA SHARED WITH OTHERS

We do not share your personal data with any third parties except between Looselabel operated Brands and Companies. We do not share your personal data with any third party other than sharing your name and address with your credit card provider at the point of sale. We use your email address to communicate with you regarding your purchases and to provide information about products, services, or subscribed newsletters offered by Looselabel.

CHANGES TO PRIVACY INFORMATION

We take the safety of your information seriously and regularly review and update our privacy practices to improve our quality standards. If we plan to use personal data for a new purpose, we will update our privacy information and communicate the change to affected individuals, providing the option to opt in or out at any time.

DRAFTING PRIVACY CHANGES

We conduct information audits to assess the personal information we hold and how we use it. We put ourselves in the position of the people whose information we collect.

DELIVERING INFORMATION ABOUT PRIVACY CHANGES

When providing privacy information to individuals, we use various techniques such as email, social media, dashboards, website notices, icons, mobile and smart device functionality to ensure that the information is effectively communicated.

COOKIES

This document explains the types of cookies and other tracking technologies that Simpel may place on your device when you visit our website.

WHAT IS A COOKIE

A cookie is a small text file that is downloaded onto "terminal equipment" (e.g., a computer or smartphone) when the user accesses a website. It allows the website to recognize the user's device and store information about the user's preferences or past actions.

WHAT SIMPEL DOES WITH COOKIES

Some cookies are necessary to allow you to browse our Shopify website, use its features, and access secure areas. These cookies are essential for the proper functioning of the website. We also use functional cookies to remember your choices or information you have provided, such as your username, language, or region. These cookies help tailor your website experience to your preferences. We use reporting and analytics cookies to collect information about how you interact with our website and how often. These cookies are used for statistical purposes and use pseudonymous identifiers that do not directly identify you. Advertising cookies are used to personalize marketing and tailor it to your interests.

We integrate social and content cookies from third-party services to enhance your browsing experience and interact with our websites.

HOW TO CONTROL COOKIES

You can control and manage cookies in various ways. Most browsers automatically accept cookies, but you can choose to modify your browser settings to block or remove cookies. Please note that removing or blocking cookies may negatively impact your user experience, and certain parts of our website may no longer be fully accessible.

KLARNA PRIVACY

To provide you with Klarna's payment options, we may share certain personal information with Klarna, such as contact and order details. This enables Klarna to assess your eligibility for their payment options and customize them for you. Your personal data is handled in accordance with applicable data protection laws and Klarna's privacy policy.

For more information about Klarna, please visit their website.

KLARNA TERMS & CONDITIONS

We have partnered with Klarna Bank AB (publ), located at Sveavägen 46, 111 34 Stockholm, Sweden, to offer you the following payment options. Payments should be made directly to Klarna.

PERSONAL INFORMATION

We handle all personal information with due care and in accordance with our privacy policy and governing laws.

Thank you for your understanding and cooperation. If you have any further questions or concerns, please feel free to contact us at care@livesimpel.com.

Sincerely,

The Team at Simpel.

3 Longbridge Road, Marsh Mills, Plymouth PL6 8LT (not postal address)

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