TERMS + CONDITIONS
The following TOS and any other rules posted on our Site (collectively the "TOS") constitute an agreement between The MINIMAL STUDIOS LLC ("MINIMAL", "we", "our", "us") and you, the visitor, governing your access and use of all content and functionalities available at the MINIMAL website, related micro-sites accessed through the URL www.weareminimal.com, related domain names, and any other website or micro-site of MINIMAL (collectively the "Site").
By visiting the Site, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time and your continued use of this Site following such change shall signify your agreement to be bound by the modified TOS.
By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where MINIMAL feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. MINIMAL offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to MINIMAL. We will only take Advance Purchase orders for stock that has been scheduled for delivery. Your rights regarding Advance Purchase are the same as those for any other purchase at MINIMAL. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period. Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order.
If the issuer of your credit/debit card refuses to authorize payment to MINIMAL, we will not be liable for any delay or non-delivery.
OUT OF STOCK
If we don't have an item that you have ordered in stock, we'll notify you by email immediately. Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.
Please note that we aim to dispatch all orders within 48 hours. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. MINIMAL is not responsible for any delays caused by destination customs clearance processes.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the content as herein described, including all HTML and other code contained in this site, shall remain at all times vested in MINIMAL and/or are the property of their respective owners. All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the content only as expressly authorized by MINIMAL and/or its third party licensors. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this site. MINIMAL tries to ensure that the information on this site is accurate and complete. MINIMAL does not warrant or represent that MINIMAL's Content is accurate, error-free or reliable or that your use of MINIMAL's Content will not infringe rights of third parties. Your use of the Web Site is at your risk. MINIMAL does not warrant that the functional aspects of the Web Site or MINIMAL's Content will be error free or that this Web Site, MINIMAL Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or MINIMAL's Content results in the need for servicing or replacing property, material, equipment or data, MINIMAL is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. MINIMAL and its suppliers make no warranties about MINIMAL Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. MINIMAL reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that MINIMAL is not liable to you or any third party for any such withdrawal.
NO COMMERCIAL USE
This site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.
While MINIMAL will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of New York.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
At our request, you agree fully to defend, indemnify and hold harmless MINIMAL immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this site, or the use by any other persons accessing this site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.
We are looking forward to a mutually respectful and long relationship with you. So your privacy is important to us. We'll tell you how we protect it.
WHAT INFORMATION DO YOU COLLECT?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. With your permission, we may send you emails about our store, new products and other updates.
HOW DO WE GET YOUR CONSENT?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
HOW DO I WITHDRAW MY CONSENT?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you at anytime, by contacting firstname.lastname@example.org
WILL MY INFORMATION BE SHARED?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include MINIMAL STUDIOS LLS. We may release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
IS MY CREDIT CARD INFO SAFE?
Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is not retained.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
QUESTIONS AND CONTACT INFORMATION
We're happy to help. Contact us at email@example.com