General Terms and Conditions
[V1 – Online Version 1 July 10, 2026]
Last updated: 1 July 2026
SIMGASM B.V. (“SIMGASM”) operates an online store at www.simgasm.com (the “Website”), through which it offers products, Personalized Products (as defined below) and related services to Customers. SIMGASM is a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid) incorporated under Dutch law, with its registered office in Wijk bij Duurstede, the Netherlands.
These Terms and Conditions govern every offer made by SIMGASM and every Distance Contract concluded between SIMGASM and a Customer through the Website. By placing an order or otherwise using the Website, the Customer agrees to be bound by these Terms and Conditions. If the Customer does not agree to these Terms and Conditions, he or she should not place an order or use the Website.
The Website is hosted on the Shopify platform. SIMGASM is solely responsible for the products and services offered through the Website. Shopify is not a party to any contract concluded between SIMGASM and the Customer. These Terms and Conditions are governed by Dutch law.
1.1. The following definitions apply in these Terms and Conditions:
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Business Customer |
means a Customer that is not a Consumer, including but not limited to a natural person acting in the course of a trade, business, craft, or profession, and any legal entity; |
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Customer: |
means any natural person or legal entity that purchases, or intends to purchase, products or services from SIMGASM, whether acting as a Consumer or as a Business Customer; |
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Consumer |
means a Customer that is a natural person acting for purposes which are outside that person’s trade, business, craft, or profession; |
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Personalized Product: |
means a product that: a. is produced in whole or in part according to the Customer’s individual specifications, including but not limited to: products personalized with names, initials, photographs, custom text, custom imagery or custom combinations thereof; b. is produced in non-standard dimensions, quantities or configurations specified by the Customer and not held as standard stock by SIMGASM; or c. is otherwise clearly intended for a specific person and is not suitable for sale to a different Customer in the form in which it has been or will be produced; |
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Day: |
means a calendar Day; |
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Digital Content |
means data that are produced and supplied in digital form; |
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Distance Contract |
means a contract concluded between SIMGASM and a Customer within the framework of a system organized for the distance sale of products, Digital Content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded; |
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Durable Medium |
means every means - including emails - that enables a Customer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information; |
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Extended Duration Transaction |
means a Distance Contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time; |
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Model Form |
means the European model form for Right of Withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the Customer has no Right of Withdrawal with regard to his order; |
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Return Policy |
means the return policy published by SIMGASM on the Website, as amended by SIMGASM from time to time, describing the conditions under which a Consumer may return a product to SIMGASM; |
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Right of Withdrawal |
means the possibility for a Customer to waive a Distance Contract within the Withdrawal Period. |
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Supplementary Agreement |
means an agreement in which a Customer obtains products, Digital Content and/or services via a Distance Contract, and a trader or a third party delivers these products, Digital Content and/or services in accordance with an agreement between that third party and the trader; |
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Technique for Distance Communication |
means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the Customer and trader being in the same place at the same time; |
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Terms and Conditions |
means these general terms and conditions of SIMGASM; |
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SIMGASM |
means SIMGASM B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid, ‘B.V.’) incorporated under Dutch law; |
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Withdrawal Period |
means the period within which a Customer can make use of his Right of Withdrawal. |
Clause 2. Identity of SIMGASM
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Trade name: |
SIMGASM B.V. |
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Legal form: |
Besloten vennootschap met beperkte aansprakelijkheid (‘B.V.’ a private company with limited liability); |
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Office / postal address: |
Lage Maat 13, 3961 NJ Wijk bij Duurstede, Utrecht, the Netherlands |
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Contact (WhatsApp): |
+31 6 30 500 006 |
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E-mail: |
hello@simgasm.com |
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Customer service: |
hello@simgasm.com |
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Chamber of Commerce No.: |
99925044 |
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VAT identification No.: |
NL869190362B01 |
Clause 3. Applicability
3.1. The Terms and Conditions apply to every offer made by SIMGASM and to every Distance Contract that has been realized between SIMGASM and a Customer.
3.2. Prior to the conclusion of a Distance Contract, the text of these Terms and Conditions will be made available to the Customer. If this is not reasonably possible, SIMGASM will indicate, before the Distance Contract is concluded, in what way the Terms and Conditions are available for inspection and that they will be sent free of charge to the Customer, as quickly as possible, at the Customer’s request.
3.3. If the Distance Contract is concluded electronically, then, contrary to the previous paragraph, and before the Distance Contract is concluded, the Customer will be provided with the text of these Terms and Conditions electronically, in such a way that the Customer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the Distance Contract, SIMGASM will indicate where the Terms and Conditions can be inspected electronically and that at the Customer's request they will be sent free of charge, either electronically or in some other way.
3.4. In cases where specific product or service-related terms and conditions apply in addition to these Terms and Conditions, Clause 3.2 and Clause 3.3 apply by analogy and the Customer can always invoke the applicable condition that is most favorable to him in the event of incompatible Terms and Conditions.
3.5. SIMGASM may publish a Return Policy on the Website in addition to these Terms and Conditions. To the extent that a provision of the Return Policy grants a Consumer more favourable terms than the corresponding provision of these Terms and Conditions, the Return Policy shall prevail over these Terms and Conditions with respect to that Consumer, for that specific provision only. This Clause applies exclusively to a Consumer and does not extend any right under the Return Policy to a Business Customer, whose rights remain governed exclusively by these Terms and Conditions.
3.6. These Terms and Conditions may be made available in one or more languages in addition to English. In the event of any discrepancy, ambiguity, or inconsistency between the English-language version of these Terms and Conditions and a version in any other language, the English-language version shall prevail and shall be the sole authoritative and legally binding version, except to the extent that mandatory provisions of applicable consumer protection law require otherwise in respect of a Consumer.
4.1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
4.2. The offer contains a complete and accurate description of the products, Digital Content and/or services being offered. The description is sufficiently detailed to enable the Customer to make a proper assessment of the offer. If SIMGASM makes use of illustrations, these will be a true representation of the products and/or services being offered. SIMGASM is not bound by obvious errors or mistakes in the offer.
4.3. Every offer contains information that makes it clear to the Customer what rights and obligations are related to the acceptance of the offer.
Clause 5. The Contract
5.1. The contract will be concluded, subject to that which is stipulated in Clause 5.4, at the moment at which the Customer accepts the offer and the conditions thereby stipulated have been fulfilled.
5.2. If the Customer has accepted the offer electronically, SIMGASM will immediately confirm receipt of acceptance of the offer electronically. The Customer can dissolve the contract as long as this acceptance has not been confirmed by SIMGASM.
5.3. If the contract is concluded electronically, SIMGASM will take suitable technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the Customer is able to pay electronically, SIMGASM will take suitable security measures.
5.4. SIMGASM may obtain information - within statutory frameworks - about the Customer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the Distance Contract. If that research gives SIMGASM proper grounds for declining to conclude the contract, then it has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
5.5. SIMGASM will send to a Customer, at the latest when delivering a product, service or Digital Content, the following information, in writing or in such a way that the Customer can store it on an accessible Durable Medium:
5.5.1. the office address of the business location where the Customer can lodge complaints;
5.5.2. the conditions under which the Consumer can make use of the Right of Withdrawal and the method for doing so, or a clear statement relating to preclusion from the Right of Withdrawal;
5.5.3. information on guarantees and existing after-sales service;
5.5.4. the price, including all taxes on the product, service or Digital Content; the costs of delivery insofar as applicable; and the method of payment, delivery or implementing the Distance Contract;
5.5.5. the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
5.5.6. if the Consumer has a Right of Withdrawal, the Model Form.
5.6. In the case of an Extended Duration Transaction, the stipulation in the previous paragraph applies only to the first delivery.
Clause 6. Right of Withdrawal
Upon delivery of products
6.1. When purchasing products, a Consumer has the right to dissolve a contract, without giving reasons, during a period of at least fourteen (14) Days. SIMGASM is allowed to ask a Consumer for the reason of this dissolution, but the Consumer is under no obligation to state his/her reason(s).
6.2. The period stipulated in Clause 6.1 commences on the Day after the product was received by the Consumer, or a third party designated by the Consumer who is not the transporting party, or:
6.2.1. if the Consumer has ordered several products: the Day on which the Consumer, or a third party designated by the Consumer, received the last product. SIMGASM may refuse a single order for several products with different delivery dates, provided it clearly informed the Consumer of this prior to the ordering process;
6.2.2. if the delivery of a product involves different deliveries or parts: the Day on which the Consumer, or a third party designated by the Consumer, received the last delivery or the last part;
6.2.3. with contracts for the regular delivery of products during a given period: the Day on which the Consumer, or a third party designated by the Consumer, received the last product.
Upon delivery of Personalized Products
6.3. For Personalized Products, the Right of Withdrawal is excluded by operation of law pursuant to article 6:230p paragraph 1 sub f of the Dutch Civil Code (Burgerlijk Wetboek).
6.4. A Customer who has placed an order for a Personalized Product and wishes to cancel the order before production has commenced must notify SIMGASM in writing without delay, stating his wish to cancel, at hello@simgasm.com. SIMGASM will confirm within two (2) business Days whether production has already commenced. If, at the time of receipt of the cancellation notice, production has not yet commenced, SIMGASM will process a full refund of the purchase price within fourteen (14) Days, minus any material or other preparatory costs already incurred and demonstrably attributable to the order. SIMGASM will specify those costs in writing upon request.
6.5. Once SIMGASM has commenced production of a Personalized Product, the Customer can no longer cancel the order and the full purchase price remains due. SIMGASM will notify the Consumer by email at the moment production commences. The Customer bears no additional costs beyond the agreed purchase price.
Upon delivery of services and Digital Content
6.6. A Consumer has the right to dissolve a contract, without giving reasons, for the supply of Digital Content that is not supplied on a material medium during a period of at least fourteen (14) Days. SIMGASM is allowed to ask a Consumer for the reason of this dissolution, but the Consumer is under no obligation to state his/her reason(s).
6.7. The period stipulated in Clause 6.6 commences on the Day after the contract was concluded.
Extended Withdrawal Period in the event a Consumer was not informed about the Right of Withdrawal
6.8. If SIMGASM did not provide the Consumer with the statutorily obligatory information about the Right of Withdrawal or if the Model Form was not provided, the Withdrawal Period ends twelve (12) months after the end of the originally stipulated Withdrawal Period based on the previous paragraphs of this clause.
6.9. If SIMGASM provided the Consumer with the information referred to in the previous paragraph within twelve (12) months of the commencing date of the original Withdrawal Period, the Withdrawal Period shall end fourteen (14) Days after the Day on which the Consumer received the information.
Clause 7. Consumers’ Obligations During the Withdrawal Period
7.1. During the Withdrawal Period, the Consumer shall treat the product and its packaging with care. He/she shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure is that the Consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
7.2. The Consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in Clause 7.1
7.3. The Consumer is not liable for the product’s devaluation if SIMGASM did not provide him with all the statutorily obligatory information about the Right of Withdrawal before the contract was concluded.
Clause 8. Exercise of the Right of Withdrawal and Costs Involved
8.1. A Consumer who wants to exercise his Right of Withdrawal shall report this to SIMGASM, within the Withdrawal Period, by means of the Model Form (Appendix I) or in some other unequivocal way.
8.2. As quickly as possible, but no later than fourteen (14) Days after the Day of reporting as referred to in Clause 8.1, the Consumer shall return the product, or hand it over to (a representative of) SIMGASM. This is not necessary if SIMGASM has offered to collect the product itself. The Consumer will in any case have complied with the time for returning goods if he sends the product back before the Withdrawal Period has lapsed.
8.3. The Consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by SIMGASM.
8.4. The risk and the burden of proof for exercising the Right of Withdrawal correctly and in time rest upon the Consumer.
8.5. The Consumer bears the direct costs of returning the product. If SIMGASM has not declared that the Consumer shall bear these costs or if SIMGASM indicates a willingness to bear these costs itself, then the Consumer shall not be liable to bear the costs of returning goods.
8.6. If the Consumer exercises his Right of Withdrawal after first explicitly having asked that the service provided or the delivery of gas, water or electricity not prepared for sale shall be implemented in a limited volume or a given quantity during the period of withdrawal, the Consumer shall owe SIMGASM a sum of money that is equivalent to that proportion of the contract that SIMGASM has fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.
8.7. The Consumer shall bear no costs for implementing services or the supply of water, gas or electricity not prepared for sale, in a limited volume or quantity, or for delivering city central heating, if:
8.7.1. SIMGASM did not provide the Consumer with the statutorily obligatory information about the Right of Withdrawal, the costs payable in the event of withdrawal or the Model Form for Right of Withdrawal; or
8.7.2. the Consumer did not explicitly ask about the commencement of implementing the service or the delivery of gas, water, electricity or city central heating during the period of withdrawal.
8.8. The Consumer shall bear no costs for the entire or partial supply of Digital Content that is not supplied on a material medium, if:
8.8.1. prior to delivery, the Consumer did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal;
8.8.2. the Consumer did not acknowledge having lost his Right of Withdrawal upon granting his permission; or
8.8.3. SIMGASM neglected to confirm this statement made by the Consumer.
8.9. If a Consumer exercises his Right of Withdrawal, all Supplementary Agreements are legally dissolved.
Clause 9. SIMGASM’s Obligations in Case of Withdrawal
9.1. If SIMGASM makes it possible for a Consumer to declare his withdrawal via electronic means, then after receiving such a declaration, it sends immediate confirmation of receipt.
9.2. SIMGASM reimburses the Consumer immediately with all payments, including any delivery costs charged for the returned product, though at the latest within fourteen (14) Days after the Day on which the Consumer reported the withdrawal. Except in cases in which SIMGASM has offered to retrieve the product itself, it can postpone refunding until it has received the product or until the Consumer proves he has returned the product, depending on which occurs earlier.
9.3. For any reimbursement, SIMGASM will use the same payment method that was initially used by the Consumer, unless the Consumer agrees to another method. Reimbursement is free of charge for the Consumer.
9.4. If the Consumer chose an expensive method of delivery in preference to the cheapest standard delivery, SIMGASM does not have to refund the additional costs of the more expensive method.
Clause 10. Precluding the Right of Withdrawal
10.1. SIMGASM may preclude the Right of Withdrawal for the following products and services, but only if this was clearly stated when making the offer, or at least in good time prior to conclusion of the contract:
10.1.1. Products or services whose prices are subject to fluctuations on the financial market over which SIMGASM has no influence and which can occur within the period of withdrawal.
10.1.2. Contracts concluded during a public auction.
10.1.3. Service contracts, after full completion of the service, but only if: (a) implementation started with the explicit prior agreement of the Consumer; and (b) the Consumer declared having lost his Right of Withdrawal as soon as SIMGASM had completed the contract in full.
10.1.4. Package travels, package holidays and package tours as referred to in article 7:500 BW and contracts on passenger transport.
10.1.5. Service contracts providing access to accommodation, if the contract already stipulates a certain date or period of implementation and other than for the purpose of accommodation, the transport of goods, car rental services and catering.
10.1.6. Contracts relating to leisure activities, if the contract already stipulates a certain date or period of implementation.
10.1.7. Personalized Products as defined in Clause 1.
10.1.8. Products subject to rapid decay or with a limited shelf-life.
10.1.9. Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery.
10.1.10. Products that, due to their nature, have been irretrievably mixed with other products.
10.1.11. Alcoholic drinks whose price was agreed when concluding the contract, but the delivery of which can only take place after thirty (30) Days, and the actual value of which depends on market fluctuations over which SIMGASM has no influence.
10.1.12. Sealed audio/video-recordings and computer apparatus whose seal was broken after delivery.
10.1.13. Papers or magazines, except for subscriptions.
Clause 11. The Price
11.1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
11.2. Contrary to the previous paragraph, SIMGASM may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which SIMGASM has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
11.3. Price increases within three (3) months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
11.4. Price increases more than three (3) months after the contract was concluded are only permitted if SIMGASM stipulated as much and: (a) they are the result of statutory regulations or stipulations; or (b) the Customer is authorised to terminate the contract on the Day on which the price increase takes effect.
11.5. Prices stated in offers of products or services include VAT.
Clause 12. Contract Fulfilment and Extra Guarantee
12.1. SIMGASM guarantees that the products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed, SIMGASM also guarantees that the product is suited for other than normal designation.
12.2. An extra guarantee arrangement offered by SIMGASM, the manufacturer or the importer can never affect the statutory rights and claims that a Customer can enforce against SIMGASM on the grounds of the contract if SIMGASM failed to fulfil its part in the contract.
12.3. An extra guarantee is defined as every commitment of SIMGASM, its supplier, importer or manufacturer that grants a Customer rights or claims, in excess of those provided by law, for the event that SIMGASM fails to fulfil its part in the contract.
Clause 13. Supply and Implementation
13.1. SIMGASM will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
13.2. The place of delivery is deemed to be the address that the Customer makes known to SIMGASM.
13.3. Taking into consideration that which is stated in Clause 4 of these Terms and Conditions, SIMGASM will implement accepted orders with efficient expedition, though at the latest within thirty (30) Days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the Customer will be informed about this at the latest thirty (30) Days, after the order was placed. In this case, the Customer has a right to dissolve the contract free of charge and a right to possible damages.
13.4. Following dissolution in accordance with the previous paragraph, SIMGASM refunds the Customer immediately the sum paid.
13.5. The risk of damage and/or loss of products rests upon SIMGASM up to the moment of delivery to the Customer or a representative previously designated by the Customer and announced to SIMGASM, unless this has explicitly been agreed otherwise.
Clause 14. Extended Duration Transactions: Duration, Termination and Prolongation
14.1. The Customer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one (1) month.
14.2. The Customer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one (1) month.
14.3. With respect to contracts as described in Clause 14.1 and Clause 14.2, the Customer can:
14.3.1. terminate them at all times and not be limited to termination at a specific time or during a specific period;
14.3.2. terminate them in the same way as that in which they were concluded;
14.3.3. always terminate them subject to the same period of notice as that stipulated for SIMGASM.
14.4. A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.
14.5. In departure from the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three (3) months, if the Customer is at liberty to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one (1) month.
14.6. A fixed-term contract may only be automatically prolonged for an indefinite period of time if the Customer has at all times the right to terminate, with a period of notice that does not exceed one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period that does not exceed three (3) months.
14.7. A fixed-term contract for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscriptions) will not be automatically prolonged and will automatically terminate at the end of the trial or introductory period.
14.8. If the fixed-term of a contract exceeds one (1) year, then after one (1) year the Customer has at all times a right to terminate, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.
Clause 15. Payment
15.1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the Customer should be paid within fourteen (14) Days after commencement of the Withdrawal Period, or in the absence of a Withdrawal Period within fourteen (14) Days after the conclusion of the contract. In the case of a contract to provide a service, this fourteen (14) Day period starts on the Day after the Customer received confirmation of the contract.
15.2. When selling products to Customers, the Terms and Conditions may never stipulate an advance payment in excess of fifty percent (50%). Where advance payment is stipulated, the Customer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
15.3. The Customer is obliged to report immediately to SIMGASM any inaccuracies in payment data provided or stated.
15.4. If a Customer fails to fulfil his payment obligation(s) in good time, after SIMGASM has informed the Customer about the late payment, the Customer is allowed fourteen (14) Days in which to fulfil the payment obligation; if payment is not made within this fourteen (14) Day period, statutory interest will be payable over the sum owed and SIMGASM has the right to charge reasonable extrajudicial costs of collection incurred. These costs amount to, at the most: fifteen (15%) of unpaid sums up to € 2,500 (in words: two thousand five hundred euro); ten percent (10%) over the next € 2,500 (in words: two thousand five hundred euro); and five percent (5%) over the next € 5,000 (in words: five thousand euro), with a minimum of € 40 (in words: forty euro). SIMGASM can make departures from these amounts and percentages that are favourable to the Customer.
Clause 16. Intellectual Property
16.1. The website simgasm.com, its content, trademarks, logos, trade names and all other intellectual property rights vest in SIMGASM or its licensors and are protected under applicable intellectual property law, including the Dutch Copyright Act (Auteurswet) and the Benelux Convention on Intellectual Property (BCIP).
16.2. SIMGASM grants the Customer a limited, non-exclusive, non-transferable, revocable licence to access and use the website and its content for personal, non-commercial purposes only. No other rights are granted.
16.3. The Customer may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the website without SIMGASM’s prior written consent.
Clause 17. Prohibited Uses
17.1. The Customer may access and use the website for lawful purposes only. The Customer may not:
17.1.1. use the website for any unlawful, fraudulent or malicious purpose;
17.1.2. infringe upon or violate the intellectual property rights of SIMGASM or any third party;
17.1.3. transmit false or misleading information;
17.1.4. send unsolicited commercial communications (spam);
17.1.5. use any robot, spider, scraping tool, automated process or AI agent (including agentic AI) to access the website;
17.1.6. interfere with, bypass or circumvent any security or access-control features of the website.
17.2. SIMGASM reserves the right to suspend or terminate access without notice if the Customer violates any of the provisions of this article.
Clause 18. Privacy
18.1. SIMGASM processes personal data in accordance with its Privacy Policy, available at www.simgasm.com, and the General Data Protection Regulation (EU) 2016/679 (GDPR) as implemented in the Netherlands. By placing an order, the Customer acknowledges having read the Privacy Policy.
18.2. The website is hosted on the Shopify platform. In that context, personal data may be transmitted to Shopify Inc. and processed in countries outside the EEA. SIMGASM ensures that such transfers take place in accordance with the requirements of the GDPR.
Clause 19. Personalized Products
19.1. SIMGASM will clearly identify each Personalized Product in the offer and/or on the relevant product and/or order page with a designation such as “Personalization” “Personalized” “Custom-made” “Made to Order” or equivalent.
19.2. Before SIMGASM accepts an order for a Personalized Product, it will require the Customer to explicitly confirm, by means of a dedicated checkbox or equivalent mechanism at checkout, that:
19.2.1. the Customer has read and understood that the product is custom-made and produced to his individual specifications;
19.2.2. the Customer understands that the Right of Withdrawal does not apply to this order once production has commenced; and
19.2.3. the Customer expressly waives his Right of Withdrawal in respect of this order once production has commenced.
19.3. The order confirmation sent by SIMGASM for a Personalized Product will expressly state: (a) that the product is personalized; (b) that the Right of Withdrawal is excluded once production has commenced; (c) the expected date or period on which production will commence; and (d) the expected delivery date. These particulars form part of the contract.
19.4. By placing an order for a Personalized Product, the Customer confirms and warrants to SIMGASM that:
19.4.1. the Customer owns or holds all rights - including, without limitation, all intellectual property rights (such as copyright, trademark rights, portrait rights and design rights) - in and to all content, materials, images, text, logos, designs, names and other elements submitted to SIMGASM as part of the personalization specifications (collectively, the “Customer Content”);
19.4.2. the Customer has obtained all necessary consents, licenses and permissions from any third parties whose intellectual property rights or other rights may subsist in the Customer Content; and
19.4.3. the manufacture, supply and delivery of the Personalized Product in accordance with the Customer’s specifications will not infringe any intellectual property rights, portrait rights, privacy rights or any other rights of any third party.
19.5. The Customer shall indemnify, defend and hold harmless SIMGASM and its directors, employees, agents and contractors from and against any and all claims, proceedings, damages, losses, liabilities, costs and expenses (including reasonable legal costs and disbursements) asserted by any third party arising out of or in connection with:
19.5.1. any breach of the warranties set out in Clause 19.4; or
19.5.2. SIMGASM’s manufacture of the Personalized Product in accordance with the Customer Content, to the extent that such claim is attributable to the Customer's unauthorized use of intellectual property rights or other rights of any third party.
19.6. SIMGASM shall notify the Customer without undue delay of any third-party claim as referred to in Clause 19.5. The Customer shall cooperate with SIMGASM in the defence or settlement of such claim, including by making available all relevant information and documents at SIMGASM’s request. SIMGASM retains the right to appoint its own legal counsel. SIMGASM will not settle any claim that imposes non-monetary obligations on the Customer without the Customer’s prior written consent, such consent not to be unreasonably withheld or delayed.
Clause 20. Complaints Procedure
20.1. SIMGASM provides for a complaints procedure that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
20.2. A Customer who has discovered shortcomings in the implementation of a contract must submit any complaints to SIMGASM without delay, in full and with clear descriptions.
20.3. A reply to complaints submitted to SIMGASM will be provided within a period of fourteen (14) Days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then SIMGASM will reply within fourteen (14) Days, confirming receipt and indicating when the Customer can expect a more elaborate reply.
20.4. The Customer should give SIMGASM a period of at least four (4) weeks to resolve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.
Complaints may be submitted by email to: hello@simgasm.com
Clause 21. Disputes
21.1. Contracts entered into between SIMGASM and a Customer and which are subject to these Terms and Conditions are subject only to Dutch law.
21.2. Any disputes arising from or in connection with these Terms and Conditions or any Distance Contract concluded with the Customer shall be submitted exclusively to the competent court in the Netherlands, without prejudice to the Customer’s right to bring proceedings before the court of his country of domicile in accordance with any mandatory provisions of applicable law.
