TERMS + CONDITIONS
Welcome to weareminimal.com’s terms and 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 (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify MINIMAL immediately of any breach of security or unauthorised use of your account. Although MINIMAL will not be liable for your losses caused by any unauthorized use of your account, you may be liable for MINIMAL's losses or others due to such unauthorized use.
The purchase of merchandise through MINIMAL is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York. In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The Site is available only to individuals and others who meet the MINIMAL terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to MINIMAL, and who have authorized MINIMAL to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, MINIMAL reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
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.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
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 designer 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. MINIMAL will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. 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.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
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.
MINIMAL will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax may only be charged on orders shipped to Florida. No other tax or import duty will be applied to orders shipped within the USA.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during selling period.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and MINIMAL will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of New York, USA, and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of MINIMAL.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Payment can be made by Visa, MasterCard, American Express, and any other methods which may be clearly advertised on the site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to WEAREMINIMAL.COM. Payment will be debited and cleared from your account upon completion of the packing of your order by MINIMAL. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
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. Occasionally, high demand causes us to run out of certain items. 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.
MINIMAL Printed and Virtual Gift Cards are sold subject to the following terms and conditions:
No fees are imposed on MINIMAL Gift Cards and they do not expire.
- Gift Cards can be redeemed against all products on the www.MINIMAL.com site.
- Gift Cards are non-transferable, can only be used on the MINIMAL site for which they are issued and may not be returned or redeemed for cash.
- If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders.
- If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
- If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
- Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
- MINIMAL is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address, this is the sole responsibility of the purchaser.
- MINIMAL is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
- MINIMAL reserves the right to cancel a Gift Card if we deem such action necessary.
- Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes which can be applied to Printed Gift Cards orders.
- Sales tax and shipping is applicable on any products purchased with a MINIMAL Gift Card.
- Shipping is applicable on Printed Gift Cards.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you. MINIMAL insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by MINIMAL, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that MINIMAL can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorise MINIMAL to leave the package(s) at the shipping address without obtaining a signature and release and indemnify MINIMAL from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.
Please note that we aim to dispatch all orders within 24 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.
If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
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.
Opinions expressed on MINIMAL blog are the personal opinions of the authors and do not reflect the views of MINIMAL. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to MINIMAL a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to72 hrs to be displayed but MINIMAL does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail email@example.com MINIMAL reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
The personal opinions of any third parties with whom we are associated are their own and do not necessarily reflect the views of MINIMAL and we accept no responsibility for any such views expressed in any media.
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.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on this Site to other websites or resources operated by parties other than MINIMAL, including advertisers. MINIMAL has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
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.
- (a) Complete Terms: The TOS constitute the whole legal agreement between you and MINIMAL and govern your use of the Services and completely replace any prior agreements between you and MINIMAL in relation to the Services. Notwithstanding the foregoing, you understand that MINIMAL may make changes to the TOS from time to time. When these changes are made, MINIMAL will make a new copy of the TOS available at http://www.MINIMAL.com. You agree that MINIMAL is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.
- (b) Modifications to the Services: MINIMAL is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which MINIMAL provides may change from time to time without prior notice to you. You further acknowledge and agree that MINIMAL may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at MINIMAL's sole discretion, without prior notice to you.
- (c) Confidentiality: You understand that MINIMAL grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MINIMAL reserves the right to revoke these exceptions either generally or in specific cases.
- (d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that MINIMAL has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences including any loss or damage which MINIMAL may suffer) of any such breach.
- (e) Rights Not Waived: You agree that if MINIMAL does not exercise or enforce any legal right or remedy which is contained in the TOS (or which MINIMAL has the benefit of under any applicable law), this will not be taken to be a formal waiver of MINIMAL's rights and that those rights or remedies will still be available to MINIMAL.
- (f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
- (g) Governing Law: The TOS, and your relationship with MINIMAL under the TOS, shall be governed by the laws of the State of New York. You and MINIMAL agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
- (h) Violation of TOS: Please report any violations of the TOS by emailing firstname.lastname@example.org
- (i) Independent Relationship: You and MINIMAL are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and MINIMAL. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.
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.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. 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 email@example.com
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. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also 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.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
IS MY CREDIT CARD INFO SAFE?
If you choose a direct payment gateway to complete your purchase, then our website provider stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). 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 deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
DO WE DISCLOSE INFO TO THIRD-PARTY SERVICES?
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service
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. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
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.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
QUESTIONS AND CONTACT INFORMATION
We're happy to help. Contact us at firstname.lastname@example.org