Terms and Conditions

Effective Date: 1 January 2026
Last Updated: 5 July 2026

1. Business Information & Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the website, products, and services provided by Beamsley & Co Limited, trading as Simja – Spectrum Imagination Mary Jane Art (Art Without Limits.) and Spectrum Minds (Minds Without Limits.) (collectively referred to in these Terms as "SIMJA", "we", "our", or "us").

SIMJA is a New Zealand-owned creative business specialising in original artwork, artist-designed products, print-on-demand apparel, footwear, fine art prints, canvas prints, home décor, accessories, and other creative merchandise sold through our online store.

These Terms apply to all visitors, customers, account holders, purchasers, and other users of our website, regardless of their location.

By accessing or using our website, creating an account, placing an order, purchasing products or services, or otherwise interacting with SIMJA, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

If you do not agree to these Terms, you must not access, use, or purchase products or services from our website.

2. Eligibility

To purchase products or use services offered by SIMJA, you must:

• Be at least 18 years of age; or

• Have the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

If you are purchasing products on behalf of a business, organisation, school, charity, or another person, you confirm that you have the authority to bind that entity or person to these Terms.

3. Scope of These Terms

These Terms govern:

• Your use of the SIMJA website;

• Your purchase of products and services;

• Customer accounts;

• Orders placed through our online store;

• Communications relating to your purchases;

• Any promotional offers or discounts provided by SIMJA; and

• Your use of any content, images, artwork, videos, designs, or other materials published on our website.

These Terms apply in conjunction with our other website policies, which form part of your agreement with SIMJA where applicable.

These include our:

• Privacy Policy;

• Shipping Policy;

• Returns & Refund Policy;

• Copyright & Intellectual Property Policy;

• Cookie Policy; and

• Accessibility Statement.

Where a specific policy deals with a particular subject (for example, shipping, returns, or privacy), that policy will apply in addition to these Terms.

4. Changes to These Terms

SIMJA may amend these Terms from time to time to reflect changes in:

• Our products or services;

• Business operations;

• Website functionality;

• Technology;

• Fulfilment partners;

• Applicable laws and regulations; or

• Other legitimate business requirements.

The latest version of these Terms will always be available on our website.

The Last Updated date shown at the beginning of these Terms indicates when they were most recently revised.

Where changes materially affect existing customer rights or obligations, we will take reasonable steps to provide notice where required by applicable law.

Your continued use of the SIMJA website after updated Terms become effective constitutes your acceptance of the revised Terms to the extent permitted by law.

5. Consumer Rights

Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot lawfully be excluded under applicable consumer protection legislation.

Where mandatory consumer laws apply, including those of New Zealand or the country in which you reside, those rights continue to apply.

Where applicable, this includes protections available under legislation such as:

• New Zealand Consumer Guarantees Act 1993;

• New Zealand Fair Trading Act 1986;

• Australian Consumer Law;

• United Kingdom Consumer Rights Act 2015;

• European Union consumer protection legislation; and

• Other mandatory consumer protection laws that apply to your purchase.

If any provision of these Terms is found to be unenforceable under applicable law, the remaining provisions will continue to apply to the fullest extent permitted by law.
6. Definitions

For the purposes of these Terms and Conditions, the following definitions apply unless the context requires otherwise.

 

"SIMJA"

Means Beamsley & Co Limited, a company incorporated in New Zealand, trading as Simja – Spectrum Imagination Mary Jane Art – Art Without Limits and Spectrum Minds – Minds Without Limits, together with its authorised representatives, employees, contractors, agents, and authorised third-party providers acting on its behalf.

References to "we", "our", and "us" mean SIMJA.

 

"Products"

Means any goods, artwork, merchandise, digital products, educational resources, or other items offered for sale, licence, download, or distribution by SIMJA from time to time.

Products may include:

• Original Artwork;

• Fine Art Prints;

• Canvas Prints;

• Artist-designed footwear;

• Apparel;

• Accessories;

• Home décor;

• Lifestyle products;

• Educational resources;

• Digital products;

• AI-Assisted Creative Works;

• Limited edition releases; and

• Other products introduced in the future.

 

"Website"

Means the official SIMJA website, online store, ecommerce platform, and any associated webpages, subdomains, digital services, online applications, or future online platforms operated by or on behalf of SIMJA.

 

"Customer"

Means any individual, business, organisation, or other entity that purchases, attempts to purchase, orders, or receives Products or Services from SIMJA.

 

"Consumer"

Means a Customer who acquires Products or Services primarily for personal, domestic, household, educational, or similar purposes and who is entitled to protections under applicable consumer protection legislation.

 

"Services"

Means all services provided by or on behalf of SIMJA, including website services, customer support, product customisation, order processing, educational resources, competitions, promotional activities, newsletters, and any other services made available from time to time.

 

"User Content"

Means any review, testimonial, photograph, video, comment, artwork, message, social media post, feedback, survey response, competition entry, or other content voluntarily submitted, uploaded, shared, or otherwise provided to SIMJA by a Customer or website user.

Unless otherwise agreed in writing, ownership of User Content remains with the person who created it, subject to the licence granted to SIMJA under these Terms.

 

"Authorised Third-Party Providers"

Means independent businesses, organisations, contractors, or service providers engaged by SIMJA to perform services on its behalf.

These services may include, but are not limited to:

• Website hosting;

• Ecommerce services;

• Payment processing;

• Manufacturing;

• Product personalisation;

• Printing;

• Packaging;

• Warehousing;

• Fulfilment;

• Shipping;

• Logistics;

• Delivery;

• Cloud hosting;

• Customer communications;

• Marketing;

• Analytics;

• Artificial intelligence tools;

• Cybersecurity;

• Fraud prevention; and

• Other business operations.

Authorised Third-Party Providers perform services on behalf of SIMJA but are not parties to the contract between SIMJA and its customers unless expressly stated otherwise.

"Creative Works"

Means all original creative content created, developed, designed, edited, curated, commissioned, published, or otherwise produced by Beamsley & Co Limited under the trading names Simja – Spectrum Imagination Mary Jane Art and Spectrum Minds.

Creative Works include, but are not limited to:

• Original Artwork;

• Fine Art Prints;

• AI-Assisted Creative Works;

• Digital Artwork;

• Videos and animations;

• Illustrations;

• Surface patterns;

• Textile and fabric designs;

• Shoe and footwear designs;

• Apparel graphics;

• Product designs;

• Branding and logos;

• Website graphics;

• Marketing materials;

• Educational resources;

• Written content;

• Product photography; and

• Any other artistic or creative content published or supplied by SIMJA.

Unless expressly stated otherwise, all Creative Works remain the exclusive intellectual property of Beamsley & Co Limited.

"Original Artwork"

Means any one-of-a-kind artistic work created by SIMJA using traditional, digital, mixed-media, photographic, sculptural, or other artistic techniques.

Original Artwork may include paintings, drawings, mixed-media works, commissioned works, signed originals, limited edition originals, and other unique artistic creations.

Ownership of Original Artwork transfers ownership of the physical artwork only and does not transfer copyright or any other intellectual property rights unless expressly agreed in writing.

"Fine Art Print"

Means a professionally produced reproduction of an Original Artwork created by SIMJA using high-quality printing methods and materials.

Unless otherwise stated, Fine Art Prints are prepared, quality checked, packaged, and dispatched directly by SIMJA from New Zealand.

Fine Art Prints are separate from Print-on-Demand Products and may be available as:

• Open editions;

• Limited editions;

• Signed editions; or

• Editions accompanied by a Certificate of Authenticity where specified.

Purchasing a Fine Art Print transfers ownership of the physical print only and does not transfer copyright, intellectual property rights, reproduction rights, licensing rights, or commercial rights in the underlying artwork.

"AI-Assisted Creative Works"

Means Creative Works produced using artificial intelligence as one component of the artistic process under the creative direction, selection, editing, refinement, and publication of SIMJA.

AI may be used for concept development, image generation, illustration, animation, video creation, digital enhancement, or other creative processes.

Unless expressly stated otherwise, all final AI-Assisted Creative Works published by SIMJA are curated, substantially modified where appropriate, or otherwise creatively directed by Beamsley & Co Limited and form part of SIMJA's Creative Works.

The use of artificial intelligence as a creative tool does not transfer or diminish SIMJA's ownership of any copyright, intellectual property rights, branding, compilation rights, or other proprietary interests that may exist under applicable law.

"Digital Artwork"

Means artwork created wholly or partly using digital creative software, illustration software, photography, graphic design tools, or other electronic artistic methods.

Digital Artwork forms part of SIMJA's Creative Works and is protected in the same manner as Original Artwork unless otherwise stated.

"Terms" or "Terms and Conditions"

Means these Terms and Conditions, together with any policies, notices, and documents expressly incorporated by reference, including, where applicable:

• Privacy Policy;

• Shipping Policy;

• Returns & Refund Policy;

• Copyright & Intellectual Property Policy;

• Cookie Policy;

• AI & Creative Content Policy;

• Accessibility Statement; and

• Any additional policies, guidelines, notices, or legal documents published by SIMJA from time to time and identified as forming part of these Terms.

Together, these documents govern your access to and use of the SIMJA website, your purchase of Products and Services, and your relationship with SIMJA.

"Applicable Law"

Means all laws, regulations, statutory instruments, codes of practice, regulatory requirements, and legally enforceable obligations that apply to SIMJA, the Customer, the Products, the Services, or these Terms and Conditions, including any amendments or successor legislation.

Where a Customer purchases Products or Services from outside New Zealand, Applicable Law may include mandatory consumer protection, privacy, taxation, customs, intellectual property, accessibility, ecommerce, or other laws that apply in the Customer's country or jurisdiction to the extent they cannot lawfully be excluded.

7. Website Use

SIMJA welcomes you to browse, explore, and shop through our website.

By accessing or using our website, you agree to use it responsibly, lawfully, and in accordance with these Terms and all applicable laws and regulations.

You are granted a limited, non-exclusive, non-transferable, and revocable licence to access and use the website solely for your personal, non-commercial use or for the legitimate purpose of purchasing products or services from SIMJA.

No ownership rights in the website or its content are transferred to you through your use of the website.

Acceptable Use

You agree that you will not:

• Use the website for any unlawful, fraudulent, or misleading purpose;

• Interfere with the operation, security, or functionality of the website;

• Attempt to gain unauthorised access to our systems, servers, customer accounts, or databases;

• Upload, transmit, or distribute malicious software, viruses, malware, ransomware, spyware, or other harmful code;

• Attempt to bypass or disable security features of the website;

• Disrupt or interfere with other users' access to the website;

• Impersonate SIMJA, our employees, representatives, or another person;

• Submit false, misleading, or fraudulent information;

• Place fraudulent or speculative orders;

• Use automated software, bots, scripts, crawlers, spiders, or similar technologies to access or monitor the website without our prior written permission;

• Harvest or collect customer information from the website;

• Use the website to distribute spam, unsolicited communications, or malicious content; or

• Engage in any activity that could damage the reputation, operation, or security of SIMJA.

Protection of Creative Works

All Creative Works displayed on the website remain the exclusive property of Beamsley & Co Limited unless otherwise stated.

Except where permitted by law or with our prior written permission, you must not:

• Copy, reproduce, or duplicate Creative Works;

• Download artwork for commercial purposes;

• Modify or create derivative works;

• Remove copyright notices or watermarks;

• Use Creative Works for advertising or commercial purposes;

• Sell, licence, sublicense, or distribute Creative Works;

• Upload Creative Works to print-on-demand platforms or marketplaces;

• Mint or create NFTs or blockchain assets using Creative Works;

• Incorporate Creative Works into logos, branding, or merchandise;

• Use Creative Works to train, develop, or improve artificial intelligence or machine learning models; or

• Otherwise exploit Creative Works without our prior written consent.

Any unauthorised use may result in legal action.

Website Availability

SIMJA aims to keep the website available and functioning efficiently.

However, we do not guarantee that the website will be uninterrupted, error-free, secure, or available at all times.

We may temporarily suspend access to all or part of the website for reasons including:

• Scheduled maintenance;

• Security updates;

• Software upgrades;

• Technical issues;

• System failures;

• Cybersecurity incidents;

• Third-party service interruptions; or

• Circumstances beyond our reasonable control.

To the fullest extent permitted by law, SIMJA is not liable for temporary interruptions to website availability.

Accuracy of Website Information

We make reasonable efforts to ensure that information published on our website is accurate, current, and complete.

However, occasional errors may occur, including errors relating to:

• Product descriptions;

• Images;

• Specifications;

• Availability;

• Pricing;

• Shipping estimates;

• Colours;

• Typographical errors; or

• Technical information.

SIMJA reserves the right to correct any errors, inaccuracies, or omissions at any time without prior notice, including after an order has been placed where permitted by applicable law.

Nothing in this clause limits your rights under applicable consumer protection legislation.

Suspension or Termination of Access

SIMJA reserves the right to suspend, restrict, or terminate access to the website or customer accounts, with or without notice, where we reasonably believe that:

• These Terms have been breached;

• Fraudulent activity has occurred;

• Unauthorised access has been attempted;

• Our website, customers, or business may be placed at risk; or

• Suspension is necessary to comply with legal obligations or protect the integrity of our services.

Where reasonably practicable, we will provide notice of any suspension unless doing so would compromise security, breach legal obligations, or prejudice an investigation.

Third-Party Links

Our website may contain links to third-party websites or services for your convenience.

SIMJA does not control and is not responsible for the content, availability, privacy practices, products, services, or security of third-party websites.

Accessing third-party websites is at your own risk, and we encourage you to review their terms and privacy policies before providing personal information or making purchases.
 

8. Products & Product Information

Beamsley & Co Limited, trading as Simja – Spectrum Imagination Mary Jane Art and Spectrum Minds ("SIMJA"), offers a diverse range of Creative Works and artist-designed products through its online store.

Our products combine creativity, quality, and individuality, and may include original handmade works, professionally produced fine art prints, print-on-demand products, and AI-assisted creative works that have been developed, curated, edited, or published by SIMJA.

Product descriptions, specifications, photographs, sizing information, care instructions, and other information are provided to assist customers in making informed purchasing decisions. While we make every reasonable effort to ensure this information is accurate, occasional errors, omissions, or updates may occur.

Product Categories

Products available through SIMJA may include, but are not limited to:

• Original Artwork;

• Fine Art Prints;

• Canvas Prints;

• Artist-designed footwear;

• Apparel;

• Accessories;

• Home décor;

• Lifestyle products;

• Educational resources;

• Digital products (if introduced);

• Limited edition collections;

• AI-Assisted Creative Works; and

• Other Creative Works are released from time to time.

Our product range may change without prior notice.

Product Availability

All products are offered subject to availability.

Certain products are created individually, produced in limited quantities, or manufactured after an order has been placed. As a result, availability may change without notice.

SIMJA reserves the right to:

• Introduce new products or collections;

• Discontinue products;

• Modify product ranges;

• Update specifications or materials;

• Change manufacturers or fulfilment partners;

• Limit purchase quantities; or

• Decline or cancel orders where products become unavailable.

If a product becomes unavailable after an order has been accepted, we will contact you to discuss an appropriate resolution, which may include:

• Delaying fulfilment until stock becomes available;

• Offering a comparable alternative;

• Providing store credit where mutually agreed; or

• Issuing a refund in accordance with applicable consumer protection laws.

Product Information

SIMJA aims to provide accurate and up-to-date information about every product offered for sale.

Product information may include:

• Product descriptions;

• Dimensions and measurements;

• Materials and fabric compositions;

• Sizing guides;

• Care instructions;

• Product features;

• Intended use;

• Safety information where applicable;

• Product compatibility; and

• Other relevant specifications.

Customers are responsible for reviewing all available product information before placing an order and selecting products that meet their individual requirements.

If you require clarification regarding any product, we encourage you to contact SIMJA before completing your purchase.

Product Improvements

As part of our commitment to quality and continuous improvement, SIMJA may update products, packaging, materials, manufacturing methods, fulfillment partners, or product specifications from time to time.

Where practical, these improvements will not materially alter the essential nature, intended purpose, or overall quality of the product.

Product Safety

Customers are responsible for using products in accordance with any care instructions, safety guidance, or warnings supplied with the product or published on our website.

SIMJA is not responsible for damage, injury, or loss arising from:

• Improper use;

• Failure to follow care instructions;

• Unauthorised alterations or modifications;

• Use outside the product's intended purpose; or

• Normal wear and tear.

Nothing in this section limits your rights under applicable consumer protection legislation where a product is faulty or fails to meet mandatory legal guarantees.

Related Policies

Additional information relating to product appearance, colours, manufacturing tolerances, handmade characteristics, print-on-demand production, and image representation is provided in the Product Images, Colours & Manufacturing Variations section of these Terms.

Information regarding Creative Works, copyright, licensing, and AI-assisted artwork is contained within our Copyright & Intellectual Property Policy and our AI & Creative Content Policy, which should be read together with these Terms.
 

9. Product Images, Colours & Manufacturing Variations

SIMJA makes every reasonable effort to display products as accurately as possible. However, because our products include original artwork, fine art prints, print-on-demand products, artist-designed footwear, and handmade items, variations may occur between the images displayed on our website and the product you receive.

These variations are a normal part of the artistic, printing, manufacturing, and fulfillment processes and do not necessarily indicate that a product is faulty or defective.

Product Images

Product photographs, mock-ups, digital previews, lifestyle images, and promotional materials are provided for illustrative purposes only.

While we strive to ensure they accurately represent our products, images may differ from the final product due to:

• Lighting conditions;

• Photography techniques;

• Digital rendering;

• Screen resolution;

• Device settings;

• Product updates;

• Manufacturing methods; or

• Other factors beyond our reasonable control.

Product images should be viewed as a representation of the product rather than an exact depiction.

Colour Accuracy

We cannot guarantee that colours displayed on your computer monitor, mobile device, tablet, or other screen will exactly match the colours of the finished product.

Colour variations may result from:

• Screen brightness and calibration;

• Device display technology;

• Operating system settings;

• Browser settings;

• Printer and manufacturing processes;

• Ink absorption;

• Fabric or material composition;

• Natural lighting;

• Viewing angle; or

• Other environmental factors.

Minor colour variations between the website and the finished product are normal and do not constitute a manufacturing defect.

Print Placement and Manufacturing Variations

Many SIMJA products are individually manufactured after an order is placed.

As a result, slight variations may naturally occur, including:

• Print placement;

• Pattern alignment;

• Scale of printed artwork;

• Stitching alignment;

• Fabric positioning;

• Seam placement;

• Trim positioning;

• Material texture;

• Canvas stretching;

• Edge finishing; or

• Other production characteristics.

These variations are inherent in the print-on-demand and manufacturing processes and help make each product unique.

Original Artwork

Original Artwork is created by hand and may include natural characteristics resulting from the artistic process.

These may include:

• Brushstrokes;

• Pencil or ink marks;

• Texture;

• Layering;

• Mixed-media effects;

• Natural material variations;

• Surface irregularities;

• Artist signatures; or

• Other artistic characteristics.

These features are part of the originality and authenticity of the artwork and are not defects.

Fine Art Prints

Fine Art Prints are professionally produced reproductions of Original Artwork.

Due to the printing process, slight variations may occur between print runs, including minor differences in:

• Colour reproduction;

• Paper texture;

• Ink density;

• Cropping;

• Border size;

• Finishing; or

• Packaging.

Where applicable, limited edition Fine Art Prints may also vary slightly due to signing, numbering, or the inclusion of certificates of authenticity.

Print-on-Demand Products

Products manufactured by Printful, POPCUSTOMS, or future fulfilment partners may display normal manufacturing tolerances, including minor variations in:

• Print positioning;

• Colour consistency;

• Stitching;

• Fabric grain;

• Material finish;

• Product dimensions within accepted manufacturing tolerances;

• Packaging; and

• Other characteristics inherent in individual production.

These variations do not, by themselves, constitute a defect or entitle a customer to a refund or replacement.

Product Improvements

SIMJA continually reviews and improves its products, manufacturing methods, packaging, materials, and fulfillment processes.

We reserve the right to make reasonable improvements or changes that do not materially alter the essential nature, intended purpose, quality, or value of a product.

Manufacturing Tolerances

Certain products are manufactured within recognised production tolerances.

Reasonable variations in dimensions, weight, colour, stitching, positioning, or other production characteristics that fall within accepted manufacturing standards will not be regarded as manufacturing defects.

Customer Responsibility

Customers are encouraged to review all available product information, sizing guides, care instructions, and product descriptions before placing an order.

If you are uncertain about any aspect of a product, we encourage you to contact SIMJA before completing your purchase.

Consumer Rights

Nothing in this section limits your rights under applicable consumer protection legislation where a product is faulty, not of acceptable quality, does not match its description in a material respect, or fails to comply with mandatory legal guarantees.
 

Promotions, Discount Codes & Future Rewards

From time to time, SIMJA may offer promotional pricing, discount codes, seasonal sales, bundle offers, free shipping promotions, loyalty rewards, referral programmes, gift cards, or other special offers.

Unless expressly stated otherwise:

• Promotions are valid only during the advertised promotional period.

• Promotions are available while stocks last where applicable.

• Promotions cannot be exchanged for cash, credit, or other benefits.

• Promotions have no cash value.

• Only one promotion or discount code may be applied to an order unless expressly stated otherwise.

• Discount codes must be entered at checkout and cannot generally be applied after an order has been completed.

• Promotions may exclude selected products, collections, gift cards, limited edition releases, or other items identified at the time of the promotion.

• Free shipping promotions apply only to eligible products, destinations, or order values specified in the promotion.

• Minimum purchase requirements may apply.

• Promotions cannot be transferred, resold, or redeemed for commercial purposes without our prior written consent.

• Promotions obtained through fraudulent, misleading, or unauthorised means may be cancelled.

SIMJA reserves the right to verify eligibility before applying or honouring any promotional offer.

Promotional Errors

If a promotion, discount, pricing error, technical fault, or system malfunction results in an incorrect price or promotional benefit being displayed or applied, SIMJA reserves the right, to the extent permitted by applicable law, to:

• Correct the error;

• Cancel or refuse affected orders before dispatch;

• Contact the customer to confirm whether they wish to proceed under the correct promotional terms; or

• Issue a full refund where payment has already been received.

Nothing in this section limits any mandatory rights available to consumers under applicable consumer protection legislation.

Gift Cards (Future Services)

SIMJA may introduce physical or digital gift cards in the future.

Where gift cards become available, additional Gift Card Terms may apply, including provisions relating to:

• Validity periods;

• Redemption;

• Partial use;

• Lost or stolen gift cards;

• Refund eligibility;

• Expiry (where permitted by law); and

• Applicable consumer rights.

Loyalty, Rewards & Membership Programmes

SIMJA may introduce customer loyalty programmes, rewards, memberships, referral programmes, ambassador programmes, affiliate programmes, or other customer incentive initiatives.

Where introduced, additional programme terms may apply, including eligibility requirements, earning and redemption rules, expiration of rewards, and programme changes.

SIMJA reserves the right to modify, suspend, or discontinue these programmes at any time, subject to applicable consumer protection laws.

Social Media & Influencer Promotions

Promotional offers made through social media, ambassadors, affiliates, influencers, or content creators are subject to these Terms unless separate promotional terms are expressly stated.

SIMJA is not responsible for inaccurate, outdated, or unauthorised promotional information published by third parties without our approval.

Future Promotional Activities

As SIMJA continues to grow, we may introduce additional promotional campaigns, customer incentives, subscription services, regional pricing programmes, exclusive member offers, charitable fundraising initiatives, or other promotional activities.

Any additional terms relating to these services will be published where applicable and will form part of these Terms and Conditions.
 

11. Orders & Acceptance

By placing an order through the SIMJA website, you are making an offer to purchase the selected products subject to these Terms and Conditions.

Submitting an order does not guarantee that the order will be accepted or that the requested products are available.

A contract of sale is formed only when SIMJA accepts your order.

Placing an Order

When placing an order, you agree that:

• All information you provide is accurate, complete, and up to date;

• You are authorised to use the selected payment method;

• You have reviewed the product description, sizing information, care instructions, pricing, and any other relevant product details before completing your purchase;

• You have read and accepted these Terms and Conditions and the policies referenced within them; and

• You understand that some products are manufactured to order and may be fulfilled by different manufacturing or fulfilment partners.

You are responsible for ensuring that your order details are correct before submitting your order.

Order Confirmation

After an order has been placed, you will generally receive an automated order confirmation by email.

This confirmation acknowledges that we have received your order request.

An automated order confirmation does not constitute acceptance of your order or create a binding contract between you and SIMJA.

Acceptance of Orders

SIMJA reserves the right to accept or decline any order, in whole or in part, to the extent permitted by applicable law.

An order is generally accepted when:

• Payment has been successfully authorised;

• The products are available;

• Any necessary verification has been completed; and

• Production or dispatch of the order has commenced.

Where an order cannot be accepted, we will notify you as soon as reasonably practicable and, where payment has already been received, provide an appropriate refund.
 

Order Verification

To protect our customers and our business, SIMJA may carry out reasonable verification checks before accepting an order.

This may include verifying:

• Payment information;

• Billing details;

• Shipping information;

• Customer identity where appropriate;

• Potential fraudulent activity; or

• Other information reasonably required to complete the transaction securely.

Failure to provide requested information may result in delays or cancellation of the order.

Refusal or Cancellation of Orders

To the extent permitted by applicable law, SIMJA may refuse or cancel an order before dispatch where:

• A product is unavailable;

• A pricing or technical error has occurred;

• Payment cannot be authorised;

• Fraudulent or suspicious activity is suspected;

• Incorrect pricing has been displayed;

• Incorrect product information has been published due to a technical error;

• Delivery cannot reasonably be completed;

• We are required to comply with legal or regulatory obligations; or

• The order otherwise cannot reasonably be fulfilled.

Where payment has already been processed for a cancelled order, an appropriate refund will be issued using the original payment method unless otherwise agreed.

Customer Requested Changes

If you wish to change or cancel an order after it has been placed, please contact SIMJA as soon as possible.

As many products are individually manufactured shortly after an order is received, we cannot guarantee that changes or cancellations will be possible.

Once production has commenced, custom-made or print-on-demand products generally cannot be changed or cancelled except where required by applicable consumer protection laws.

Multiple Fulfilment Partners

SIMJA works with multiple trusted manufacturing and fulfillment partners, including providers responsible for producing print-on-demand products, footwear, canvas prints, and products prepared directly by SIMJA.

Accordingly:

• Products within the same order may be manufactured by different providers;

• Items may enter production at different times;

• Orders may be dispatched separately;

• Separate tracking numbers may be issued; and

• Products may arrive on different dates.

Further information is available in our Shipping Policy.

Order Limits

SIMJA reserves the right to limit the quantity of products that may be purchased in a single order or by a single customer where reasonably necessary to:

• Protect product availability;

• Prevent fraudulent activity;

• Ensure fair access to limited edition releases;

• Manage inventory; or

• Comply with legal or contractual obligations.

Order Records

SIMJA maintains records of orders for business, accounting, legal, warranty, and customer service purposes in accordance with our Privacy Policy and applicable legal obligations.

Customers are encouraged to retain their order confirmation emails and receipts for future reference.

Consumer Rights

Nothing in this section limits your statutory rights under applicable consumer protection legislation.

Where mandatory consumer guarantees apply, those rights remain unaffected regardless of whether an order has been accepted, cancelled, modified, or refunded.
 

12. Payment Terms

SIMJA accepts payment through the payment methods made available on our website at the time of purchase.

All payments must be successfully authorised before an order will proceed to production, fulfilment, or dispatch unless otherwise expressly agreed by SIMJA.

Accepted Payment Methods

Payment methods may include:

• Credit cards;

• Debit cards;

• Digital wallets;

• Online payment services;

• Buy Now, Pay Later services (where available);

• Gift cards (if introduced); and

• Other payment methods supported by our ecommerce platform from time to time.

Available payment methods may vary depending on your country, currency, and the services supported by our payment providers.

13. Payment Authorisation

By placing an order, you confirm that:

• You are authorised to use the selected payment method;

• The payment information you provide is accurate, complete, and current;

• Sufficient funds or available credit are available to complete the transaction; and

• You authorise SIMJA and our authorised payment providers to process payment for the total amount displayed at checkout, including the purchase price, applicable taxes, shipping charges, and any other fees clearly disclosed before your order is submitted.

Orders will generally not proceed until payment has been successfully authorised.

14. Payment Processing

Payments are processed securely through trusted third-party payment providers supported by our ecommerce platform.

SIMJA does not store complete payment card numbers, card security codes (CVV/CVC), internet banking credentials, or other sensitive payment authentication information.

Further information about how payment information is processed and protected is available in our Privacy Policy.

Currency and Exchange Rates

Payments will be processed in the currency displayed at checkout.

If your payment method is issued in a different currency, your financial institution or payment provider may apply:

• Currency conversion;

• Exchange rate adjustments;

• International transaction fees;

• Foreign currency conversion fees; or

• Other charges permitted under your agreement with your payment provider.

These charges are determined by your financial institution or payment provider and are outside SIMJA's control.

Failed or Declined Payments

If payment cannot be successfully authorised or completed, SIMJA may:

• Decline the order;

• Suspend processing of the order until payment is received;

• Request an alternative payment method;

• Cancel the order if payment cannot be completed within a reasonable period; or

• Take any other reasonable steps necessary to complete the transaction.

SIMJA is not responsible for delays resulting from declined payments, payment verification procedures, banking delays, or issues affecting third-party payment providers.

Fraud Prevention

To help protect our customers and our business, SIMJA may use fraud prevention tools and verification procedures before accepting or processing an order.

Where reasonably necessary, we may:

• Verify customer identity;

• Request additional information relating to an order;

• Delay order processing while verification is completed;

• Decline suspicious transactions; or

• Cancel orders reasonably believed to involve fraud, unauthorised payment methods, or unlawful activity.

These measures are intended to protect customers, payment providers, fulfilment partners, and SIMJA from financial loss and unauthorised transactions.

Further information regarding payment disputes, fraudulent transactions, and chargebacks is available in the Chargebacks, Fraud & Payment Disputes section of these Terms.

Taxes and Government Charges

Unless expressly stated otherwise, customers are responsible for any customs duties, import taxes, brokerage fees, handling charges, or other government-imposed charges that are not collected at checkout.

Taxes required to be collected by SIMJA under applicable law will be calculated and displayed during the checkout process where applicable.

Additional information regarding international taxes, customs charges, and import obligations is available in our Shipping Policy.

Payment Errors

If a payment is processed incorrectly due to a technical error, duplicate transaction, or payment processing issue, SIMJA will work with the relevant payment provider to investigate the matter and, where appropriate, correct the error as soon as reasonably practicable.

Where an overpayment has occurred, SIMJA will arrange an appropriate refund using the original payment method where possible.

Future Payment Services

As SIMJA continues to grow, we may introduce additional payment methods, instalment plans, subscription services, gift cards, loyalty programmes, regional payment options, or other payment-related services.

Where additional terms apply to these services, they will be published on our website and will form part of these Terms and Conditions.

Consumer Rights

Nothing in this section excludes, restricts, or limits any rights or remedies that cannot lawfully be excluded under applicable consumer protection legislation.

Where mandatory consumer protection laws apply, those rights remain unaffected by these Payment Terms.
 

15. Third-Party Manufacturing & Fulfilment Partners

SIMJA works with carefully selected third-party manufacturing and fulfillment partners to produce, personalise, package, and dispatch selected products.

These partners manufacture products individually after an order has been accepted and payment has been authorised.

Products fulfilled by third-party partners may include, but are not limited to:

• Artist-designed footwear;

• Apparel;

• Canvas prints;

• Accessories;

• Home décor;

• Lifestyle products;

• Educational products;

• Creative merchandise; and

• Other products introduced in the future.

SIMJA may engage, replace, discontinue, or add manufacturing, printing, fulfilment, packaging, warehousing, distribution, logistics, or other production partners at any time where reasonably necessary to improve product quality, availability, efficiency, sustainability, innovation, customer experience, or business operations.

While authorised third-party partners may manufacture, package, or dispatch products on SIMJA's behalf, SIMJA remains responsible for managing customer orders, customer service, and fulfilling its obligations under applicable consumer protection laws.

Information about our current manufacturing and fulfilment partners may be provided elsewhere on our website for customer convenience. Such information is descriptive only and does not form part of these Terms and Conditions.
 

16. Risk and Title

Ownership ("title") and responsibility ("risk") for products supplied by Beamsley & Co Limited, trading as Simja – Spectrum Imagination Mary Jane Art and Spectrum Minds ("SIMJA"), are governed by this section, subject always to any rights you have under applicable consumer protection laws.

Transfer of Title

Ownership of a product passes to you when:

• Full payment for the order has been successfully received by SIMJA; and

• The product has been dispatched for delivery or otherwise made available to you,

unless otherwise required by applicable law.

For Original Artwork, Fine Art Prints, commissioned works, or other products where ownership is expressly stated to transfer under different conditions, those specific terms will apply.

Ownership of the physical product does not transfer any copyright, intellectual property rights, licensing rights, moral rights, reproduction rights, or other proprietary rights relating to the artwork or Creative Works embodied in the product.

Those rights remain the exclusive property of Beamsley & Co Limited unless expressly assigned in writing.
 

Transfer of Risk

Risk of loss or damage to a product generally passes to you when:

• The product is delivered to the delivery address you provided;

• Delivery is accepted by you or a person authorised to receive the delivery on your behalf; or

• The courier or delivery service confirms successful delivery,

subject to your rights under applicable consumer protection laws.

If a parcel is delivered in accordance with the delivery instructions you have provided (including authority to leave instructions where available), responsibility for the security of the parcel passes to you once delivery has been completed.

Incorrect Delivery Information

You are responsible for ensuring that the delivery information provided at the time of ordering is complete and accurate.

SIMJA is not responsible for delays, additional delivery charges, failed deliveries, or losses resulting from:

• Incorrect or incomplete addresses;

• Incorrect recipient information;

• Failure to collect a parcel from a collection point;

• Failure to respond to courier communications;

• Refusal to accept delivery; or

• Other circumstances arising from inaccurate information supplied by the customer.

When an order is returned to SIMJA or one of our fulfillment partners due to incorrect delivery information, additional shipping charges may apply before the order can be re-dispatched.

Lost or Damaged Shipments

If a product is lost or arrives damaged in transit, SIMJA will work with the relevant fulfilment partner and shipping carrier to investigate the matter and, where appropriate, provide a replacement, repair, refund, or other remedy in accordance with:

• Our Returns & Refund Policy;

• Applicable consumer protection legislation; and

• The policies of the relevant fulfilment or shipping provider.

Customers should notify SIMJA as soon as reasonably practicable after becoming aware of a lost or damaged shipment and provide any information or photographs reasonably requested to assist with the investigation.

Multiple Shipments

Where an order is fulfilled in multiple shipments, ownership and risk pass separately for each shipment as it is delivered.

The delivery of one shipment does not affect the ownership or risk associated with any remaining shipments that are still in transit.

Consumer Rights

Nothing in this section limits or excludes any rights or remedies that cannot lawfully be excluded under applicable consumer protection legislation, including the Consumer Guarantees Act 1993 (New Zealand), Australian Consumer Law, the Consumer Rights Act 2015 (United Kingdom), or other mandatory consumer protection laws that apply to your purchase.
 

17. Chargebacks, Fraud & Payment Disputes

SIMJA is committed to resolving customer concerns fairly, promptly, and in good faith. If you experience an issue with your order, we encourage you to contact us before initiating a payment dispute or chargeback so that we have the opportunity to investigate and, where appropriate, resolve the matter directly.

Nothing in this section limits your rights under applicable consumer protection laws or your right to dispute unauthorised or fraudulent transactions.

Contacting SIMJA First

If you believe there is an issue with your order, payment, or delivery, we encourage you to contact SIMJA as soon as reasonably practicable.

Many issues, including damaged items, manufacturing defects, incorrect products, shipping concerns, or payment errors, can often be resolved more quickly through our customer support process than through a formal payment dispute.

Payment Disputes and Chargebacks

If a chargeback or payment dispute is initiated through your bank, credit card provider, payment processor, or other financial institution, SIMJA reserves the right to respond to the dispute using information reasonably necessary to demonstrate that the order was validly placed, processed, manufactured, and fulfilled.

This may include, where applicable:

• Order confirmations;

• Payment transaction records;

• Customer correspondence;

• Product customisation details;

• Production and manufacturing records;

• Quality control records;

• Fulfilment confirmations;

• Shipping records;

• Courier tracking information;

• Delivery confirmations;

• Photographs of products prior to dispatch;

• Proof of replacement or refund previously offered;

• IP address or account activity where relevant and lawfully retained; and

• Any other information reasonably required to respond to the dispute.

SIMJA will provide only information reasonably necessary for the investigation and in accordance with applicable privacy laws.

Fraud Prevention

To protect our customers, artists, suppliers, and business operations, SIMJA may investigate transactions that reasonably appear to involve:

• Unauthorised use of a payment method;

• Identity theft;

• Fraudulent orders;

• Deliberate misuse of chargeback processes;

• False claims regarding delivery or receipt;

• Repeated abusive refund requests;

• Attempts to obtain products without payment; or

• Other unlawful or dishonest conduct.

Where appropriate and permitted by law, SIMJA may delay processing, cancel an order, refuse future orders, suspend customer accounts, or report suspected fraudulent activity to the relevant payment provider or authorities.

False or Fraudulent Claims

Customers must not knowingly submit false or misleading claims regarding:

• Non-delivery;

• Damage;

• Manufacturing defects;

• Payment disputes;

• Product authenticity;

• Refund eligibility; or

• Any other matter relating to an order.

Where SIMJA reasonably determines that a claim has been made fraudulently or in bad faith, we reserve the right, to the extent permitted by law, to:

• Decline the claim;

• Contest the chargeback or payment dispute;

• Refuse future orders;

• Suspend or close customer accounts; and

• Pursue any other remedies available under applicable law.

Nothing in this section limits a customer's right to make a genuine complaint or exercise their statutory consumer rights.

Evidence for Custom and Print-on-Demand Products

Many SIMJA products are individually manufactured after an order is placed, including products fulfilled through Printful, POPCUSTOMS, and future fulfillment partners.

For these products, production generally begins shortly after an order has been accepted and payment has been authorised.

Accordingly, SIMJA may rely on production records, manufacturing confirmations, fulfilment records, and shipping documentation when responding to payment disputes or chargebacks involving custom-made or print-on-demand products.

Cooperation During Investigations

Customers agree to cooperate reasonably with any investigation relating to a payment dispute, chargeback, suspected fraud, or unauthorised transaction.

This may include providing photographs, order details, delivery information, or other documentation reasonably requested to assist in resolving the matter.

Consumer Rights

Nothing in this section excludes or limits any rights or remedies that cannot lawfully be excluded under applicable consumer protection legislation, including rights relating to unauthorised transactions, faulty goods, or mandatory consumer guarantees.