"Goods" means any goods and/or services provided by the Company as ordered by the Client. "Company" means Simple Mills, Inc. "Client" means the person, firm or company placing an order with the Company.
These terms and conditions apply to any provision of services or materials by the Company to the Client.
All Goods sold by the Company are sold subject to the Company's standard terms and conditions (as detailed below) which form part of the Client's contract with the Company. Terms and conditions on the Client's order form or other similar document shall not be binding on the Company.
5.1 Orders will be deemed to have been placed when an email confirmation has been received from a responsible executive of the client company. 5.2 For email invitations, online fulfilment projects and direct marketing files (as provided by Simple Mills) it is a requirement of the Company, that the email piece, online form or mail piece shall be approved by the company before an order can be confirmed and any data dispatched.
We allow anyone purchasing Simple Mills wholesale to sell our products in their own brick & mortar stores, or on their own branded website. However, we do not allow the re-sale of any Simple Mills products via 3rd party sellers, whether brick & mortar or online. That includes Amazon, eBay, or other popular eCommerce platforms. Simple Mills shall be the only company allowed to sell our products via 3rd party sites. We do this to ensure brand consistency and quality across Sales channels. Anyone found to be in violation of this policy, may find their wholesaler account terminated at the sole discretion of Simple Mills.
Unless otherwise agreed the Company shall be entitled to sub-contract all or any part of the work.
The Company will use its best endeavors to supply the services or materials within the quoted time (normally within a maximum of seven days from order or otherwise as agreed) but time will not be of the essence within the contract.
The Client acknowledges that the rights to the Goods are owned by the Company and that the Goods are protected by United States copyright laws, international treaty provisions and all other applicable national laws.
The risk of loss or damage to the Goods shall pass to the Client upon delivery of the Goods.
10.1 New clients or other clients out of terms may be expected to pay in advance for their services. 10.2 If any amount of an invoice is disputed then the Client shall inform the Company of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Company the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms. 10.3 The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
In view of the nature of the service, any order – once confirmed by the Company – is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by a sub-contractor on account of their expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
Products supplied by the company are dispatched by mail shall be deemed as having been delivered when electronic package tracking indicates the package has been delivered.
All written notices to be served on or given to the client shall be sent or delivered to the client's principle place of business and shall be treated as having been given upon receipt.
The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Client (or which may be received from the Client).
18.1 The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an "as-is" basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client. 18.2 The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error-free, accurate or complete.
19.1 The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.19.2 Nothing herein shall limit either party's liability for death or personal injury arising from the proven negligence by itself or its employees or agents. 19.3 The Client shall fully indemnify the Company against any liability to third parties arising out of the Client's use of the Goods.
The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.
These Terms of Trading shall be subject to and construed in accordance with the laws of The United States and the parties hereby submit to the exclusive jurisdiction of the United States courts.
As an Amazon Associate, Simple Mills earns from qualifying purchases.
At Simple Mills, Inc., we stand behind our products and quality controls. If for any reason you are not satisfied with a Simple Mills product you purchased from one of our authorized sellers, you may request a refund or replacement product. Please note that because we are unable to control the quality of our products sold by unauthorized sellers, the Simple Mills, Inc. 60-Day Satisfaction Guarantee is not available for products purchased from unauthorized sellers. The Guarantee is also limited to the original, end-user purchaser.
How To Claim The Guarantee
To submit a Guarantee request, please call one of our experts at (312) 410-8414 or email us at [email protected] and have information available regarding where and when you purchased your product. If your request is approved, you will then need to mail your proof of purchase and your Guarantee approval confirmation number to:
435 North LaSalle Street, 2nd Floor Chicago, IL 60654
You must submit your Guarantee request within 60 days of the date of purchase. Please note that you are responsible for costs incurred in mailing your proof of purchase.
Simple Mills, Inc. reserves the right to verify information, require a valid proof of purchase, and to deny Guarantee requests in its discretion in cases of suspected fraud or if customer has abused the Simple Mills, Inc. 60-Day Satisfaction Guarantee.
Simple Mills Instagram Sweepstakes (“Sweepstakes”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
1. SPONSOR AND ADMINISTRATOR The Sweepstakes is sponsored and administered by Simple Mills, Inc., 435 N. LaSalle, 2nd Floor, Chicago, Illinois 60654. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
ELIGIBILITY. To participate in the Sweepstakes, you must be at least 21 years of age or older and must be a resident of the United States of America. Cannot be located in the following states due to shipping laws: AL, AR, DE, IN, KY, LA, MS, NJ, OH, OK, RI, UT, WYCT, HI, KS, ME, MD, MO, ND, NE, NV, SC, SD, WV, AK. Officers, directors, and employees of Simple Mills or Union Wine Co., and their immediate family members, are not eligible to participate. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
1. SWEEPSTAKES PERIOD. The Sweepstakes Period will begin on [9/18/2020] at [10am] Central Standard Time (“CST”) and will close on [9/21] at [4 pm] CST.
2. HOW TO ENTER - ONLINE. To enter the Sweepstakes, you must be at least 21 years old and follow @unionwinecompany and @simplemills and tag a friend you’d like to ‘cheers’ with. One lucky winner from each page will win a Union Wine Company Underwood Variety Pack of Wine and an assortment of Simple Mills Almond Flour Crackers to pair during the Sweepstakes Period. Winner must live in AZ, CA, CO, DC, FL, GA, ID, IL, IA, MA, MI, MN, MT, NH, NM, NY, NC, PA, TN, TX, VT, VA, WA, WI due to shipping restrictions.
3. ALTERNATE METHOD OF ENTRY. You may enter to win the Sweepstakes by mail. To do so, send your name, date of birth, complete mailing address, phone number, and email address, along with an identification of the Sweepstakes in which you wish to participate, to:
Simple Mills, Inc. 435 N. LaSalle, 2nd Floor Chicago, Illinois 60654
To be considered eligible to participate, mail entries must be postmarked by [9/21/2020]. Simple Mills is not responsible for entries that are lost in the mail.
4. WINNER SELECTION AND ODDS OF WINNING.On or around [9/22/2020], a random drawing from all eligible entries received during the Sweepstakes Period will be held.  winner from each page will be selected. The odds of winning will depend on the total number of eligible entries received during the Sweepstakes Period. The winners will be notified through [Instagram comment requesting them to DM us. Comment will read: Congrats! You’re the lucky winner! Please DM us to claim your prize. If we do not hear from you within 48 hours, we will select a new winner.]
5. PRIZE. Two winners will receive [the ultimate wine + cracker package]. The approximate retail value of the Prizes is $60.
6. SUBSTITUTION OF PRIZE. Simple Mills reserves the right to substitute a prize of equal or greater value if the advertised Prize is unavailable for any reason. The Prize is not transferable and not redeemable for cash. Any portion of the Prize not accepted by the winner will be forfeited.
7. PRIZE WINNERS’ You may request the name(s) of the prize winner(s) after the close of the Sweepstakes Period, but no later than [9/21] by sending a self-addressed, postage-prepaid envelope with your request to Simple Mills, Inc., 435 N. LaSalle, 2nd Floor, Chicago, Illinois 60654.
8. RELEASE. By entering the Sweepstakes, you agree to release, discharge, indemnify, defend and hold harmless Simple Mills and Instagram, and their officers, directors, and employees, from and against any claims arising out of, in whole or part, directly or indirectly, participation or attempting to participate in the Sweepstakes or from acceptance, possession, use, or misuse of any Prize.
9. GENERAL CONDITIONS. Participation in the Sweepstakes constitutes your unconditional agreement to these Official Rules and to Simple Mills’ decisions, which are final and binding in all matters related to the Sweepstakes. Simple Mills reserves the right to cancel, suspend or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Simple Mills’ reasonable control impairs the integrity or proper functioning of the Sweepstakes.
10. DISPUTE RESOLUTION. All disputes regarding the Sweepstakes that cannot be resolved amicably between the parties will be resolved individually, without resort to any form of class action, exclusively before the appropriate state or federal court located in Chicago, Illinois. Illinois law will govern any dispute regarding the Sweepstakes. In any such dispute, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental, special, indirect, lost profits, consequential damages, or any other damages, including attorneys’ fees, and you further waive all rights to have damages multiplied or increased.