Termos de serviço

Last updated: June 2, 2026

These Terms of Service (the "Terms") govern every purchase of SIMONINI products ("Products") from Simonini Industrial Design, organized under the laws of Brazil ("SIMONINI", "we", "us"). By placing an order, confirming a quote or accepting delivery, you ("Customer", "you") agree to these Terms in full, together with our Refund Policy, Shipping Policy, Privacy Policy, Legal Notice and the Warranty Policy and Care & Use Guide published on our website.

The full corporate details of SIMONINI (legal name, CNPJ, registered address and contact channels) are set out in our Legal Notice.

1. Products are Made to Order

1.1 All Products are produced on a made-to-order basis after order confirmation and full payment.

1.2 Once production has begun, orders cannot be cancelled, modified or returned. This is an essential term of the contract.

1.3 Lead Time. The estimated lead time for each Product is shown in the individual product listing and varies by Product, collection, materials and customization. The general range is 6 to 8 weeks from order confirmation, plus shipping. SIMONINI may revise the lead time during production and will communicate any change to the Customer in writing. SIMONINI is not liable for delays caused by suppliers, logistics, customs or events beyond its reasonable control.

1.4 Right of Withdrawal and Made-to-Order Exemption. SIMONINI Products are manufactured to the Customer's specifications and are exempt from statutory rights of withdrawal that would otherwise apply to distance sales, including: (a) for European Union consumers, the right of withdrawal under Directive 2011/83/EU is excluded under Article 16(c) (goods made to the consumer's specifications or clearly personalised); (b) for United Kingdom consumers, the right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 is excluded under Regulation 28(1)(b); and (c) for Brazilian consumers, the right of regret (direito de arrependimento) under Article 49 of Lei 8.078/90 (Código de Defesa do Consumidor) does not apply because the Products are manufactured to the Customer's specifications and are not standard off-the-shelf items. Cancellations are accepted only before production has begun, in accordance with Section 1.2.

1.5 Custom and Customer's Own Material Orders. For Products configured with Customer's Own Material (COM/COL), custom dimensions or other bespoke variations, SIMONINI may require an additional deposit before production begins. Any deposit paid for a custom order is non-refundable once production has begun. The Customer remains responsible for the suitability, quality and timely delivery of any Customer-supplied material.

2. Pricing, Payment and Taxes

2.1 All prices are stated in U.S. Dollars unless otherwise specified.

2.2 Payment in full is required before production begins.

2.3 Quotes follow DDP (Delivered Duty Paid) under Incoterms® 2020, unless otherwise agreed. Freight, customs duties, import taxes and clearance fees within the destination country are included in the price calculated at checkout.

2.4 Depending on the delivery location, certain destinations may require a revised quote before the order is confirmed. SIMONINI will submit the revised quote for Customer's approval; the order proceeds only after such approval.

2.5 Unless otherwise specified, quotes cover standard door-to-door delivery (front-door or curbside, depending on the local carrier). White Glove service is not included in the standard quote and is available as a separate optional service on request, subject to its own quote.

2.6 Any change in international trade rules occurring between order date and customs clearance may require a revised quote subject to Customer's approval; SIMONINI will not proceed with clearance under the revised conditions without such approval.

2.7 Errors and Corrections. The website, catalogs and proposals may contain typographical errors, incorrect prices, inaccurate descriptions, miscalculated freight, or inaccurate product images. SIMONINI reserves the right to correct such errors and to rescind or cancel any order placed in reliance on an obvious error, without liability, with full refund of any amount paid by the Customer for the affected order.

2.8 Currency. The contract currency for international orders is U.S. Dollars (USD) unless otherwise stated on the invoice. Any local currency conversion displayed on the website is an estimate only, calculated by the payment provider or platform, and does not bind SIMONINI. The Customer's final card charge or bank settlement may differ from the displayed local currency estimate.

2.9 Non-Payment and Chargebacks. If the Customer cancels payment, reverses a credit card transaction, initiates a chargeback, or otherwise fails to pay any amount due (a "Default"), the Customer remains liable for the full Total Purchase Price, any applicable taxes, storage and handling charges, and all reasonable collection costs and attorneys' fees incurred by SIMONINI in recovering amounts due. SIMONINI may also suspend or cancel pending orders, refuse future orders, and pursue all available remedies.

3. Shipping, Delivery and Risk of Loss

3.1 Shipments are dispatched DDP, with door-to-door insurance, unless otherwise stated on the invoice.

3.2 Visible damage to packaging or Products must be noted on the carrier's proof of delivery and reported to SIMONINI in writing, with photographs of the outer crate and the Product, within seven (7) days of delivery, to support@danielsimonini.com. Failure to do so waives any claim relating to transit damage.

3.3 The Customer must NEVER refuse delivery on account of external crate damage. Refusal voids insurance coverage.

3.4 Ready-to-Ship and Abandoned Shipments. SIMONINI will notify the Customer when the Product is ready to ship. If the Customer fails to provide shipping confirmation, address verification or arrange acceptance within thirty (30) days of the ready-to-ship notice, reasonable storage charges shall accrue from day 31 onward, payable by the Customer. If the Customer remains unresponsive or unable to receive the Product for ninety (90) days following the ready-to-ship notice, SIMONINI may, at its sole option, cancel the order and retain all amounts previously paid by the Customer as liquidated damages for the Customer's breach, without further liability to either party.

3.5 Import Permits and Restricted Materials. The Customer is responsible for determining whether import permits or special clearances are required at the destination country, including without limitation permits under the Convention on International Trade in Endangered Species (CITES), restricted-species regulations, phytosanitary rules, or building code and safety regulations applicable to the Product. SIMONINI does not warrant the availability or issuance of any required permit. Where a Product cannot lawfully be imported into a destination country due to local restrictions, the Customer remains bound by the made-to-order policy in Section 1, and SIMONINI's only obligation is to assist with the documentation reasonably available to it.

4. Acceptance and Inspection

4.1 Customer shall inspect Products promptly upon delivery and notify SIMONINI of any non-conformity within seven (7) days of delivery in writing, with photographs and the order number, to support@danielsimonini.com.

4.2 Failure to provide timely notice constitutes acceptance and waives any claim of non-conformity that could reasonably have been discovered on inspection.

5. Limited Warranty

5.1 SIMONINI warrants to the original Customer that the Products will be free from defects in materials and workmanship under normal indoor residential use, in the environment specified in our Care & Use Guide, for a period of one (1) year from the date of delivery (the "Warranty Period"). For outdoor Products, the Warranty Period is six (6) months from delivery.

5.2 This warranty does NOT cover, and SIMONINI shall have no liability for:

• (a) normal wear and tear of any components, materials and finishes, including patina, color change, softening of upholstery, indentation of foam and natural movement of wood;
• (b) natural variations inherent to solid wood, natural fibers, leather, stone and other natural materials, including tone, grain, movement, texture, knots, density and surface evolution;
• (c) cracks, splits, ruptures or warping in solid wood caused by natural movement, climatic variations, or changes in humidity, temperature or environmental conditions;
• (d) color changes, fading, discoloration, deformations or surface degradation caused by light, UV exposure, heat, humidity, temperature swings or natural aging;
• (e) damage caused by environmental conditions outside the ranges specified in our Care & Use Guide, including without limitation: exposure to humidity below 40% or above 60%, temperatures outside 18°C–24°C (64°F–75°F), forced-air heating, radiant or hydronic floor heating, fireplaces, wood stoves, radiators placed near the Product, direct sunlight, or air conditioning at low humidity;
• (f) damage caused by liquids, food, spills, heat, fire, ashes, cigars or cigarettes, chemicals, solvents, abrasives, improper cleaning products, pets, sharp or foreign objects, or impact;
• (g) marking, scratching, scuffing or abrasion of materials and textiles over time caused by sharp objects, foreign objects, friction or accumulated use;
• (h) damage from drops, impacts, falls, tipping or any accidental force applied to the Product, including object collisions and items dropped onto the Product;
• (i) damage caused by misuse, accident, alteration, modification, dragging, standing on the Product, overloading, or use beyond the Product's intended function;
• (j) dye transfer from clothing or other materials, including denim and dark fabrics;
• (k) pilling of textiles or natural shedding of fibers;
• (l) damage caused by interaction with flooring surfaces, including floor imperfections, uneven levels, gaps or seams in wooden floors, stone or ceramic floor irregularities, high-friction rugs or carpets, or any flooring condition that creates leverage, friction or stress on the Product's legs, base or structure;
• (m) damage from improper unpacking, installation, assembly, handling or storage by the Customer or third parties, including scuffs, cuts and structural stress;
• (n) damage from improper storage, humidity imbalance, or exposure to weather when the Product is not designed for outdoor use;
• (o) damage incurred during transit not reported in accordance with Section 3.2;
• (p) corrosion, oxidation or deterioration of materials due to coastal environments, salt air, pollution or aggressive atmospheric conditions;
• (q) damage caused by acts of nature or force majeure, including floods, fires, storms, earthquakes, lightning, or power failures;
• (r) damage resulting from failure to follow SIMONINI's care, maintenance and cleaning guidelines;
• (s) Products used in commercial, hospitality, contract or rental settings, unless a Commercial Warranty has been issued in writing prior to purchase;
• (t) Customer's Own Material (COM/COL) and any third-party materials, products, finishes or services applied to SIMONINI Products, and any defect or behavior thereof;
• (u) differences between samples, swatches, renderings, photographs or displays and the final delivered Product;
• (v) indirect, incidental or consequential damages, including damage to floors, walls, surrounding property or personal items;
• (w) claims based on aesthetic preference, subjective expectations or normal material behavior rather than manufacturing defects;
• (x) manufacturing tolerances and dimensional deviations within acceptable industry standards, up to 2 inches.

5.3 SIMONINI's sole obligation, and the Customer's sole and exclusive remedy under this warranty, is, at SIMONINI's option: (i) repair of the affected Product, (ii) replacement of the affected Product or affected component, or (iii) refund of the purchase price of the affected Product.

5.4 To make a warranty claim, the Customer must:

• (a) notify SIMONINI in writing at support@danielsimonini.com within the Warranty Period;
• (b) include the order number, purchase date, photographs of the defect, photographs of the surrounding environment (floor, heating/cooling systems, room context), and a description of the use the Product received;
• (c) cooperate with any inspection requested by SIMONINI, including providing access to the Product or shipping the Product to a location designated by SIMONINI at SIMONINI's expense.

5.5 Warranty coverage is non-transferable and applies only to the original Customer.

5.6 Material, Display and Batch Variation. The Products are made from natural materials and crafted by hand. Variations in color, grain, texture, density, knots, dye lot, finish tone and assembly are intrinsic to the materials and the process, and are not defects. Photographs, swatches, samples and renderings shown on the website, in catalogs or in proposals are representative but not exact; the final Product may differ from such displays due to natural material variation, monitor and screen calibration, ambient lighting and print reproduction.

Where additional or replacement pieces are acquired at a later moment to complement an existing set, subtle differences between the new and existing pieces may naturally occur, reflecting distinct production periods, material batches and the individuality of each component. Exact visual or tonal matching between pieces produced at different moments cannot be guaranteed.

Such variations and differences are not grounds for a warranty claim, return, refund or rejection.

6. Disclaimer of Other Warranties

EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 5 ABOVE, SIMONINI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PRODUCTS ARE SOLD "AS IS" SUBJECT ONLY TO THE EXPRESS LIMITED WARRANTY IN SECTION 5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIMONINI, ITS OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, DAMAGE TO OTHER PROPERTY, OR COST OF SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS OR THESE TERMS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SIMONINI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIMONINI'S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS OR THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE AFFECTED PRODUCT.

8. Customer Indemnification

The Customer shall indemnify, defend and hold harmless SIMONINI, its officers, employees, agents and suppliers from and against any third-party claim, demand, action, liability, damage, loss or expense (including reasonable attorneys' fees) arising out of or relating to: (a) the Customer's misuse, modification or alteration of the Products; (b) the Customer's breach of these Terms or violation of any applicable law or regulation; (c) the Customer's negligent or wrongful acts or omissions; (d) bodily injury or property damage caused by Products used outside of normal indoor residential use or outside of SIMONINI's published care and use guidance; or (e) any third-party claim that the Products, when modified, repurposed or used by the Customer in a manner outside SIMONINI's reasonable expectations, caused harm. SIMONINI reserves the right, at its own expense, to assume the exclusive defence of any matter subject to indemnification, in which case the Customer shall cooperate with SIMONINI's defence.

9. Governing Law and Forum

9.1 These Terms, and any dispute arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

9.2 The Parties irrevocably submit to the exclusive jurisdiction of the courts of the District of São Paulo, State of São Paulo, Brazil, for any dispute arising out of or in connection with these Terms or the Products, expressly waiving any other forum, however privileged.

9.3 If any court of competent jurisdiction finds the choice-of-law provision in Section 9.1 or the forum-selection provision in Section 9.2 unenforceable as to a particular dispute or particular Customer, only that specific provision shall be modified to the minimum extent necessary to render it enforceable, and all other provisions of these Terms, including without limitation the Limited Warranty (Section 5), the disclaimer of other warranties (Section 6), the limitation of liability (Section 7), the customer indemnification (Section 8) and the limitation period (Section 10), shall remain in full force and effect and shall be applied to the maximum extent permitted by the law deemed applicable.

9.4 Mandatory Consumer Protections. Nothing in these Terms limits or excludes any mandatory consumer protections under the law of the Customer's habitual residence that cannot be waived by agreement, including without limitation: (i) for Brazilian consumers, the protections of Lei 8.078/90 (Código de Defesa do Consumidor); (ii) for consumers with habitual residence in the European Union, the mandatory protections of the consumer's Member State under Article 6(2) of Regulation (EC) No 593/2008 (Rome I); (iii) for consumers with habitual residence in the United Kingdom, the protections of the Consumer Rights Act 2015; (iv) for Australian consumers, the Consumer Guarantees and other rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010); and (v) for consumers in any other jurisdiction, any mandatory consumer protections that cannot be waived by agreement under the law of the consumer's habitual residence. Where any provision of these Terms would otherwise deprive the Customer of such mandatory protections, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

9.5 Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CUSTOMER AGREES THAT ANY DISPUTE, CLAIM OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCTS SHALL BE BROUGHT SOLELY IN THE CUSTOMER'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. THE CUSTOMER EXPRESSLY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SIMONINI. This Section 9.5 does not limit the mandatory consumer protections preserved by Section 9.4.

9.6 Waiver of Unknown Claims (California and similar jurisdictions). Where these Terms, or any associated release, settlement or replacement arrangement, disposes of claims between the Customer and SIMONINI, the Customer waives any applicable rights under California Civil Code Section 1542, and any similar law of any other jurisdiction, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

9.7 Australian Consumer Guarantees. Where the Customer is an Australian consumer within the meaning of the Australian Consumer Law (ACL), nothing in these Terms excludes, restricts or modifies the Consumer Guarantees, conditions, warranties, rights or remedies which the Customer has under the ACL or other applicable Australian law and which cannot be excluded, restricted or modified by agreement. To the extent permitted by the ACL, SIMONINI's liability for breach of a non-excludable guarantee in relation to the Products is limited, at SIMONINI's option, to: (i) replacement of the Products or supply of equivalent goods; (ii) repair of the Products; (iii) payment of the cost of replacing the Products or acquiring equivalent goods; or (iv) payment of the cost of having the Products repaired.

10. Limitation Period for Claims

Any action or claim by Customer arising out of or in connection with the Products or these Terms must be commenced within one (1) year after the cause of action accrues; otherwise such action or claim is permanently barred. This Section reduces the statutory limitations period to the maximum extent permitted by law.

11. Force Majeure

Some circumstances are beyond anyone's control. SIMONINI shall not be liable for any delay or failure to perform under these Terms when caused by events outside its reasonable control, including acts of God, fires, floods, earthquakes, storms, pandemics, epidemics, wars, civil unrest, terrorism, strikes, lockouts, labour disputes, supplier or carrier failures, port closures, customs disruptions, sanctions, governmental actions, changes in applicable law or trade regulations, energy or utility outages, or transportation breakdowns (each, a "Force Majeure Event").

In a Force Majeure Event, SIMONINI reserves the right to pause the affected order and to resume production and delivery as soon as conditions allow. SIMONINI will communicate the pause to the Customer, work in good faith to minimise the impact, and keep the Customer informed throughout. Any applicable deadline is automatically extended for the duration of the event and a reasonable period thereafter, sufficient for normal operations to resume.

12. Intellectual Property and Site Use

12.1 SIMONINI's Intellectual Property. All content on the SIMONINI website, including text, photographs, illustrations, videos, designs, drawings, technical specifications, brand assets, and the SIMONINI name and logo, is the intellectual property of SIMONINI Industrial Design Ltda. or its licensors. All Product designs and design rights remain with SIMONINI. Purchase of a Product grants the Customer no rights in any intellectual property other than the physical Product itself for the Customer's personal use.

12.2 Prohibited Uses. The Customer agrees not to: (a) reproduce, copy, manufacture, sell or distribute any SIMONINI Product design or part thereof without prior written authorisation; (b) use the SIMONINI name, logo or brand assets without prior written authorisation; (c) engage in unlawful, fraudulent or harmful conduct in connection with the website or the Products; (d) interfere with the proper functioning of the website, including by scraping, harvesting data, deploying bots, malware or unauthorised software, or circumventing security measures; (e) impersonate any person or misrepresent affiliation; or (f) use the Products in violation of any applicable law or regulation.

12.3 Site Availability. The SIMONINI website is provided on an "as available" basis. SIMONINI does not warrant that the website will be uninterrupted, error-free, timely or secure. SIMONINI may modify, suspend or discontinue any part of the website at any time without notice and without liability.

12.4 Refusal of Service. SIMONINI reserves the right to refuse, cancel or limit any order, and to refuse service to any person or entity, in its sole discretion, including in cases of suspected fraud, chargeback abuse, breach of these Terms, suspicious or commercial-purpose reseller behavior, or any other reason permitted by law.

13. Miscellaneous

13.1 Entire Agreement. These Terms, together with the invoice, the Refund Policy, the Shipping Policy, the Privacy Policy, the Legal Notice, the Warranty Policy and the Care & Use Guide, constitute the entire agreement between the Parties and supersede all prior communications.

13.2 Severability. If any provision is held invalid, the remaining provisions remain in full force.

13.3 No Waiver. SIMONINI's failure to enforce any provision is not a waiver of the right to enforce it later.

13.4 Notices. To SIMONINI: support@danielsimonini.com.

13.5 Amendments. SIMONINI may amend these Terms for future orders by posting an updated version on its website. The version in force at the time of the Customer's order governs that order.

13.6 Electronic Communications. By placing an order or creating an account, the Customer consents to receive communications from SIMONINI electronically, including by email and other electronic means. The Customer agrees that all agreements, notices, disclosures and other communications that SIMONINI provides electronically satisfy any legal requirement that such communications be in writing.

13.7 Assignment. The Customer may not assign or transfer these Terms or any rights or obligations hereunder without SIMONINI's prior written consent. SIMONINI may assign these Terms in whole or in part to any successor or affiliate.

13.8 Survival. Provisions of these Terms that by their nature should survive termination or completion of the contract shall survive, including without limitation: the Limited Warranty (Section 5), the disclaimer of other warranties (Section 6), the limitation of liability (Section 7), the customer indemnification (Section 8), the governing law and forum (Section 9), the limitation period (Section 10), and intellectual property and site use (Section 12).

By placing an order with SIMONINI, you confirm that you have read, understood and agreed to these Terms of Service.