TERMS & CONDITIONS
TERMS & CONDITIONS
These terms and conditions outline the rules and regulations for the use of MIMINOO’s Website.
MIMINOO, a Modern Kids Society Inc. Brand, is located at:
ACCEPTANCE OF THE TERMS & CONDITIONS
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use MIMINOO’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Switzerland. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
ONLINE SHOPPING TERMS & CONDITIONS
These terms apply to the ordering, purchase and delivery of Goods from the Website and In-Store, and form a contract between you and MIMINOO. As a customer, you agree that these Terms (as amended from time to time) will apply to all of your Orders.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.
COMPLIANCE WITH TERMS
You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and MIMINOO for the supply of Goods.
PLACING ORDERS FOR GOODS
You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
You may Order from MIMINOO if you are aged 16 years, and have an active email account or a telephone number at which you can be contacted.
If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one Order.
MIMINOO reserves the right to accept or reject your Order for any reason at any time. If MIMINOO rejects your Order you will receive a refund of any money paid.
Your Order becomes a sale when your Order is received and processed.
AVAILABILITY OF GOODS
From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.
We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. MIMINOO Online will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us.
MIMINOO reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, and MIMINOO Online will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
You acknowledge and agree that:
- all pictures and images of Goods displayed are for illustrative purposes only;
- any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
- where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).
PRICE AND PAYMENT
When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee. Our prices are expressed in USD but will be charged in the currency of your payment method.
All Prices are exclusive of taxes. Any fees and charges (including Delivery Fees) imposed by these Terms also exclude taxes where applicable.
MIMINOO reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause above will apply).
Payment methods are specified on the Website at the time you place your Order. They may include MIMINOO Gift card, Reward card, credit card, PayPal, Cash or Money Transfert. The name on any credit card or MIMINOO Card used for payment must match the name on the Order. Other methods of payment, including cash, can be used for In-Store Orders, but not for Orders placed through the Website or the Customer Service Centre. Cheques cannot be used as a payment method for any purchases from MIMINOO, including Orders.
Any payment for an Order must be cleared by MIMINOO before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
Lay-by is not available for Orders.
ORDER CANCELLATIONS AND RETURNS
Unless provided for under these Terms or as otherwise agreed by MIMINOO, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.
If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.
Goods can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
MIMINOO will process any refunds within a reasonable time of agreeing to do so.
If the original payment was made:
- on a credit card, refunds will be processed on the same card as the original payment was made.
- by a combination of Gift Cards and credit card then:
- refunds will be processed on the same card as the original payment was made first.
- Return card for remaining amount will be emailed to the email address entered at the time you placed your order.
- using Paypal, refunds will be processed back to the account through Paypal.
For In-Store Orders, where you paid in cash, you can obtain a refund by visiting a MIMINOO store.
Same Day Delivery Orders cannot be cancelled or changed once submitted. Same Day Delivery Goods can only be returned at a MIMINOO store.
Unless otherwise stated, MIMINOO and/or it’s licensors own the intellectual property rights for all material on MIMINOO. All intellectual property rights are reserved. You may view and/or print pages from http://www.miminoo.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from http://www.miminoo.com
- Sell, rent or sub-license material from http://www.miminoo.com
- Reproduce, duplicate or copy material from http://www.miminoo.com
Redistribute content from MIMINOO (unless content is specifically made for redistribution).
HYPERLINKING TO OUR CONTENT
The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
- We may consider and approve in our sole discretion other link requests. If you are interested in linking to our website, you must notify us by sending an e-mail to email@example.com.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of MIMINOO’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
RESERVATION OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.