Terms & Conditions
The MYSHIMMY.COM (“MYSHIMMY” “SHIMMY” “we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms and Conditions of Use & Service, and any other rules posted on our Sites (collectively, the “TCUS”). Please read the TCUS carefully before placing any orders on www.myshimmy.com. We recommend that you keep a copy of the TCUS for future reference.
MYSHIMMY.COM is a trading name of Interwear Ltd, a company registered in England and Wales under registration number 09517840. Our registered address is Level 1, Brockbourne House, 77 Mount Ephraim, Tunbridge Wells, Kent TN4, UNITED KINGDOM. Our VAT number is 221 509 247.
We may modify the TCUS from time to time. Please read the TCUS and check back often. If you do not agree to any change to the TCUS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
- Eligibility to purchase
- Pricing policy
- Acceptance of your order
- Promotion codes
- Insurance and delivery
- Cancellations & Returns
- Returns using our free drop off service
- Fault Goods
- Repeated Returns
- Intellectual property rights
- No commercial use
- Your activity
- Third party sites
- Your rights
- Limits on our liability
- Our relationship
- No waiver
- Complaints and governing law
Should you choose to set up an account at the point of checkout you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address email@example.com We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify MYSHIMMY immediately of any breach of security or unauthorized use of your account.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, address and e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the MYSHIMMY terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to MYSHIMMY, whose applications are acceptable to MYSHIMMY and who have authorized MYSHIMMY to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, MYSHIMMY reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where MYSHIMMY feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we or a third party may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
MYSHIMMY offers products for sale that are in stock and available for dispatch from our fulfilment providers. Occasionally however, we may be waiting for shipments from our manufacturer(s). Consequently you may from time to time be given the possibility of making a Advanced Payment for certain items in which case you are able to make a Pre-Order. This will ensure that you receive this item in priority once stock has been delivered to MYSHIMMY. MYSHIMMY will only take Pre-Orders for stock that has been scheduled for delivery by our manufacturer(s). Your rights regarding Pre-Orders are the same as those for any other purchase at MYSHIMMY.
Alternatively, you may simply email us at firstname.lastname@example.org to enquire about when a product will be available in stock.
Items received into stock may be pre-allocated to satisfy Advanced Payment and customers making Advanced Payments will receive items in priority to customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advanced Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
Prices shown on the Site are in GBP and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable.
All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes or the items are subject to markdowns at any time during the selling period or where there have been material currency exchange rate fluctuations between manufacturing runs.
Customers purchasing from a country outside the United Kingdom may incur relevant import duty and tax. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in Sterling, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and MYSHIMMY will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. Neither our third party payment processor nor our nominated fulfilment provider nor our nominated courier has the authority to accept an order on behalf of MYSHIMMY.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TCUS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
We accept Visa, MasterCard and American Express cards, and any other methods that may be clearly advertised on the Site from time to time.
Payment will be debited and cleared from your account by third party provider Stripe on behalf of MYSHIMMY. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to MYSHIMMY, we will not be liable for any delay or non-delivery.
Your data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
INSURANCE AND DELIVERY
You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.
MYSHIMMY insures each purchase during the time it is in transit until it is delivered to your specified delivery address. Some of our shipping options require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by MYSHIMMY, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
On occasion, our shipping service providers may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.
Please note that we aim to dispatch all orders within 24 to 48 hours. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. MYSHIMMY is not responsible for any delays caused by destination customs clearance processes.
If delivery is delayed by any event outside of our control, we will contact you as soon as reasonably possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.
Right to Cancel under the ICACRs
You have the right to cancel your order within 14 days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.
To exercise the right to cancel, you must inform us either by letter to: Notice of Contract Cancellation, Customer Care Department, MYSHIMMY, 240 Portobello Road, London, W11 1LL, United Kingdom, or by email to: email@example.com.
For orders cancelled under the ICACRs, we will issue you with a full refund including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make reimbursement without undue delay, and not later than: (i) 14 days after the day we receive back from you any of the goods supplied; or (ii) (if earlier) 14 days after the day you provide us with evidence that the goods have been returned; or (iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the goods back, we may arrange to have them collected from you at your cost.
You shall return cancelled orders to: Shimmy, Returns, CH Robinson Worldwide (UK), International House, Hodgson Way, Wickford, Essex, SS11 8YB.
You will have to bear the cost of returning the goods by using a trackable service.
You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please note you may only use your right to cancel the order under the ICACRs if you give us formal written or email notice of cancellation in accordance with the TCUS within 14 calendar days from the day after you receive your order.
RETURNS USING OUR FREE DROP OFF SERVICE
As an alternative to using your rights under the ICACRs, you may prefer to return items using our free returns service. You must return your item by attaching your pre printed returns label provided with your package. Place this on the outside of the package and drop off at your nearest UPS access point. If you wish to exchange your item for an alternative product, we suggest that you return it and purchase the new item separately.
Please refer to our Returns Policy for further information.
Please note our free collection service is not available for orders cancelled under the ICACRs.
Items should be returned unused and with all SHIMMY and care labels attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.
Please email firstname.lastname@example.org if any of your purchases have been delivered without SHIMMY labels.
All items returned without their returns form will be returned to the sender.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If your item is faulty when you receive it, you can return it for a refund. Simply fill out your returns form explaining the fault and return to us within 14 days of receiving your goods.
If you discover a fault after this time, but within six months of purchase, you can still return it. Where possible, we will offer to repair the item. If it cannot be repaired and the same product is still available, we will send you a replacement. If the same product is no longer available, you are entitled to a full refund.
We have made every effort to display as accurately as possible the colours of our products that appear on MYSHIMMY. However as tablets, telephones and computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and potentially refused at our discretion or lead to the closure of your MYSHIMMY account.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including MYSHIMMY and Shopify Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by MYSHIMMY and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. MYSHIMMY tries to ensure that the information on this site is accurate and complete. MYSHIMMY does not promise that MYSHIMMY's Content is accurate or error-free. MYSHIMMY does not promise that the functional aspects of the Site or MYSHIMMY's Content will be error free or that this Site, MYSHIMMY Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TCUS, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than MYSHIMMY, including advertisers. MYSHIMMY has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. In England these include:
- That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
- Certain remedies if a product is defective; and
- A right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective (see Cancellations above).
- Nothing in the TCUS is intended to affect these right
- For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in this Agreement is intended to affect your rights under the law (see “Your Rights” above).
If MYSHIMMY fail to comply with the TCUS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TCUS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and MYSHIMMY knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TCUS where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold Interwear Ltd harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TCUS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and MYSHIMMY as a result of the TCUS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of MYSHIMMY or Interwear Ltd, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TCUS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TCUS.
COMPLAINTS AND GOVERNING LAW
If you have a complaint about us email email@example.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TCUS together with all our policies and procedures will be governed by and construed in accordance with English law and the relevant courts of England and Wales will have exclusive jurisdiction.