TERMS & CONDITIONS

1 - THESE TERMS

1.1 - These terms of use govern your use and access to our services, including our website (hereafter “Website”). By using our website, you agree to these terms regardless of whether you are paying user or a non-paying visitor. If you are using our Website as a representative of an entity, you are agreeing to these terms on behalf of that entity.

1.2 - You should also read our Privacy Policy which sets out how we collect and use your personal information.

2 - CHANGES OF TERMS

2.1 - We may amend these terms from time to time by posting the updated terms on our Website. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Website and our services after the changes come into effect means that you agree to be bound by the revised policy.

3 - AVAILABILITY OF OUR SERVICES

3.1 - We are constantly changing and improving our Website and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible.

3.2 - We reserve the right to limit your use of our Website and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Website or any services we provide.

3.3 - We try our best to ensure that our Website is always available, but we do not guarantee that the operation of or access to our Website will be uninterrupted or continuous. Our Website may be interrupted for maintenance, repairs, upgrades, network or equipment failures.

3.4 - You are responsible for configuring your information technology, computer programs and platform or system in order to access our Website. We do not guarantee that our Website will be free from bugs or viruses.

 

4 - YOUR ACCOUNT AND PASSWORD

4.1 - In registering for an account on our Website, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.

4.2 - You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.

4.3 - We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.

4.4 - You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.

4.5 - You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.

5 - USE OF THE WEBSITE

5.1 - You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Website.

5.2 - We give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and use our Website, including any software or application as part of the services we offer. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Website as provided by us and in the manner as permitted by these terms.

5.3 - This license to use our Website will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.

5.4 - You must not copy, modify, distribute, sell, lease, loan or trade any access to the Website or any data or information on it.

5.5 - You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.

5.6 - If you believe your intellectual property rights have been infringed, please contact us by emailing us at contact@minimalgadget.com

6 - OUR RIGHTS

6.1 - All intellectual property rights subsisting in the Website or the products or services we provide belong to us or have been licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Website in any way, or create any derivative works with respect to any such content or component.

6.2 - We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Website. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Website.

 

7 - FEEDBACK

7.1 - We value and welcome feedback on our Website. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Website or any products or services we offer, without any payment to you.

7.2 - You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.

8 - LIMITATION ON LIABILITIES

8.1 - Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.

8.2 - To the fullest extent permitted by law, we expressly limit our liabilities in connection with or arising out of the provision of the Website as follows:

• (a) we provide the Website and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Website is at your own risk;
• (b) we give no assurance, representation or warranty of any kind (whether express or implied) about the Website and any products or services we provide;
• (c) we do not guarantee that the information or content you find on the Website is always accurate, truthful, complete and up-to-date;
• (d) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
• (e) we are not responsible for any delay or disruption in our Website or any defect, viruses, bugs or errors; and
• (f) we are not responsible for the conduct of or any content or information submitted or posted by any user of the Website (whether online or offline).

8.3 - To the fullest extent permitted by law, Our Entities are not liable to you or others for:

• (a) any indirect, incidental, special, exemplary, consequential or punitive damages;
• (b) any loss of data, business, opportunities, reputation, profits or revenues; or
• (c) relating to the use of our Website or any products or services we offer.

8.4 - We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Website or providing the products or services we offer.

8.5 - If you are using the Website as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.

8.6 - Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Website or for any products or services we offer over the last twelve (12) months.

9 - YOUR REPRESENTATION

9.1 - If you are using the Website on behalf of an entity, by using the Website you represent that you have the necessary rights and authority to agree to these terms (and our Privacy Policy, Acceptable Use Policy and other documents referred to herein) on behalf of that entity.

10 - INDEMNITY

10.1 - You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Website and/or (iii) any misrepresentation made by you.

10.2 - You also agree to fully co-operate with us in the defense or settlement of any claim in relation to or arising out of our Website or these terms.

11 - TERMINATION

11.1 - These terms will continue to apply until terminated by either you or us as follows.

11.2 - You may stop using the Website any time by deactivating your account.

11.3 - We reserve the right to suspend or terminate your access to our Website, if we reasonably believe:

• (a) you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
• (b) you are using the Website in a manner that would cause a real risk of harm or loss to us, other users, or the public;
• (c) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
• (d) our provision of the Website to you is no longer possible or commercially viable.

In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law. 

12 - CONTACT

12.1 - If you have any questions about these terms or the Acceptable Use Policy, please contact us at contact@minimalgadget.com.

 

TERMS AND CONDITIONS FOR SALE OF PRODUCTS

 

1 - OUR PRODUCTS

1.1 - The images and the packaging of the Products on website and/or advertising materials are for illustrative purposes only. Although we make every effort to display the colors accurately, Products (including their packaging) that you purchase may vary slightly from those images.

 

2 - ORDER MANAGEMENT

2.1 - You may place Orders with us as instructed on our Website. Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

2.2 - If we are unable to accept your Order, we will let you know in writing and will not charge you for the Product ordered. This might be because:

• (a) the Product ordered is out of stock;
• (b) there are unexpected limits on our resources which we could not reasonably plan for;
• (c) we have identified an error in the price or description of the Product;
• (d) we are unable to meet a delivery deadline you have specified;
• (e) your attempted transaction has been flagged as high-risk for fraud.

 

3 - DELIVERING THE PRODUCTS

3.1 - We will deliver the Products to the address as specified in your Order as soon as reasonably possible on or about the estimated delivery dates as set out in our confirmation email. The costs of delivery will be as displayed to you on our Website.

3.2 - If our supply of the Products is delayed by an event outside our control, then 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 end the contract and receive a refund for any products you have paid for but not received.

3.3 - A Product will be your responsibility from the time we deliver the Product to the delivery location you specified or you (or a carrier organized by you) collect it from us.

3.4 - You own a Product once we have received payment in full, unless otherwise specified in the T&C’s.

4 - WARRANTY AND PRODUCT DEFECTS

4.1 - We warrant that on delivery, and for a period of 3 months from the date of delivery (the “Warranty Period”), the Products will:

• (a) be of merchantable or satisfactory quality;
• (b) be fit for purpose held out by us;
• (c) be free from material defects in design, material and workmanship; and
• (d) conform with their description given on our Platform in all material aspects.

4.2 - Any warranty given by us under this clause does not apply to any defect in the Products arising from:

• (a) fair wear and tear;
• (b) willful damage, abnormal storage or working conditions, accident, or negligence by you or by any third party;
• (c) your failure to operate or use the Products in accordance with any instructions (including instructions relating to storage, installation, use and maintenance) given by us;
• (d) any alteration or repair by you or by a third party; or
• (e) us following any of your specification or requests.

4.3 -  If you have any questions or complaints about any Product, please email us.

5 - PRICE AND PAYMENT

5.1 - The Order shall be paid for by payment card once the Order has been validated. Your account shall be debited immediately after acceptance of these T&C’s and validation of the Order, when the confirmation email is sent.

5.2 - We use a secure payment method. Consequently, we cannot be held liable for any fraudulent or improper use of your means of payment, over which we have no control.

5.3 - You must pay for the Products before we dispatch them.

6 - LIMITATION OF LIABILITY. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU.

6.1 - Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of MINIMAL to you in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid or payable under this Agreement.

6.2 - In no event shall MINIMAL be liable to you for any loss of business, loss or opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Native Union had been made aware of the possibility of you incurring such a loss.

 

Last Updated: March 22, 2021