Last updated: March 01, 2023
Introduction
Welcome to mini-brands.shop (the “Website” or “Service”). This website is operated by Mini Brands (“Mini Brands”, “we”, “our”, “us”). These Terms of Service (“Terms”) govern your use of our website and services provided through the Website (collectively, the “Service”).
Please read these Terms carefully before accessing or using our Service. By accessing or using any part of the Service, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
You must be at least 13 years of age to use the Service. If you are under 13, you may not access or use the Service. If you are between 13 and 18 years of age, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Your Account and Site Usage
If you create an account on the Service, you are responsible for maintaining the security of your account and for all activities that occur under your account. We may monitor and review new accounts before you may sign in and use our Service.
Providing false or inaccurate information during the account creation process may result in the immediate termination of your account. You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damages that you may incur as a result of your failure to comply with this Section.
Users of the Service are account holders who purchase products (“Users“). You agree not to use the Service for any illegal or unauthorized purpose, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating accounts by automated means or under false or fraudulent pretenses.
Service Description
Mini Brands operates an e-commerce website that sells miniature collectible branded products. Users can browse and purchase miniatures of popular toy, food, car, garden, fashion, and plant brands.
The Mini Brands website showcases photos and descriptions of available miniature products. Registered users can add items to a shopping cart, complete purchase transactions, create wishlists, write product reviews, and access order history.
Mini Brands provides information about new product releases, promotions and sales events, collectible series, surprise items, and other announcements through the website and email newsletter.
Purchases and Payment
When you purchase products through the Service, you agree to pay the prices displayed, which include any applicable taxes. We automatically charge applicable taxes.
We accept most major credit and debit cards, as well as PayPal. You represent and warrant that you are authorized to use any payment method you submit. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
Pricing and availability of any products are subject to change at any time. We reserve the right to refuse or cancel any order prior to shipment. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product descriptions or prices, or problems identified by our credit and fraud avoidance department. We will contact you if all or any portion of your order is canceled.
Shipping and Delivery
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery times, which depend on your selected delivery method. We may ship products in multiple packages.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and are not guaranteed. We are not liable for any delays in shipments.
Returns and Refunds
If you are not completely satisfied with the products you have purchased, you can return them for a full refund as long as the products are unused and in their original packaging. Products must be returned within 30 days of delivery.
To initiate a return, please email us at [email protected] with your order information. We will provide instructions and arrange pickup of the return shipment.
Refunds are generally processed within 3-5 business days after we receive the returned products. Refunds are applied to your original payment method.
User Content
You are solely responsible for all text, information, graphics, videos, and other content that you upload, publish, or display on or through the Service (“User Content“). You may not upload, post, or transmit User Content that:
- Infringes any third party’s copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, trade dress, trade names, service marks, moral rights, privacy rights, rights of publicity, or other proprietary rights.
- Contains any unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive content.
- Encourages illegal behavior or violates any applicable law.
- Falsely states or misrepresents your affiliation with another person, entity or association.
- Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
You grant Mini Brands a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service. You can remove your User Content by specifically deleting it. However, you acknowledge that Mini Brands may retain archived copies of your User Content.
We have the right to remove any User Content at our sole discretion due to legal or reputational risks. We are not responsible for any loss or harm related to your User Content.
Our Proprietary Rights
The Service and all materials therein or transferred thereby, including software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Mini Brands Content”), and all intellectual property rights related thereto, are the exclusive property of Mini Brands and its licensors.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license or rights in or to the Service or Mini Brands Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
We grant you a personal, limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Service and Mini Brands Content for your personal use only, subject to and in accordance with these Terms. No Mini Brands Content may be used in connection with any commercial endeavors except those that are specifically authorized by us.
User Feedback
We welcome any comments, questions, concerns, or suggestions you may have about the Service. Please send us feedback.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to us are non-confidential and will become the sole property of Mini Brands.
We will own exclusive rights to the feedback, without acknowledgement or compensation to you. We will be entitled to use the feedback for any purpose without restriction or compensation to you.
Indemnification
You agree to indemnify, defend, and hold Mini Brands and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, successors, and assigns harmless from any and all claims, actions, suits, proceedings, and demands, losses, liabilities, damages, costs, debts, and expenses (including attorneys’ fees) that arise from or relate to:
- Your use of the Service or the Mini Brands Content;
- Your User Content;
- Your violation of these Terms; or
- Your violation of any rights of a third party.
If you are obligated to provide indemnification pursuant to this provision, we may, in our sole discretion, control the defense and settlement of any third-party claims at your expense.
Disclaimers and Limitation of Liability
The Service and all Mini Brands Content are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Mini Brands disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Mini Brands makes no warranties that (a) the Service or Mini Brands Content will meet your requirements or expectations; (b) the Service will be available on an uninterrupted, timely, secure, or error-free basis; or (c) any defects in the Service or Mini Brands Content will be corrected.
Mini Brands will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages arising out of or in connection with the use of the Service or Mini Brands Content, even if Mini Brands has been advised of the possibility of such damages.
Our maximum liability arising out of or relating to the use of the Service or Mini Brands Content will not exceed one hundred U.S. dollars ($100).
Governing Law
These Terms and your access to and use of the Service and Mini Brands Content will be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
Any dispute between the parties that is not subject to arbitration will be resolved in the state or federal courts of the State of Delaware, and the United States, respectively, sitting in the City of Wilmington, Delaware.
Arbitration Agreement and Class Action Waiver
You and Mini Brands agree that any dispute arising out of or relating to these Terms or the use of the Service will be resolved through individual arbitration rather than in court.
This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
You agree that by entering into these Terms, you and Mini Brands are each waiving the right to a trial by jury or to participate in a class or representative action. All claims subject to arbitration will be arbitrated on an individual basis. Claims will not be joined or consolidated unless agreed to by all parties.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity.
Any arbitration will be confidential, and neither you nor Mini Brands may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Modifications
We may amend these Terms from time to time to: reflect updates to the law, our Service, or business practices; implement new features or services; or address new issues. We will post notice of the changes on the Website and update the “Last Updated” date at the beginning of these Terms.
Your continued use of our Service constitutes acceptance of the amended Terms. We recommend that you review these Terms periodically for any changes. The amended Terms will be effective upon posting. If you do not wish to agree to the amended Terms, you must stop using the Service.
Termination
We may terminate your access to and use of the Service at our sole discretion, at any time and without notice to you. You may cancel your account and stop using the Service at any time by sending an email to [email protected].
Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. We reserve the right to retain and use your data as permitted by applicable laws.
Termination will not limit any of Mini Brands’ other rights or remedies at law or in equity. Sections regarding Mini Brands Content, Disclaimers/Limitation of Liability, Indemnification, Governing Law, and Miscellaneous will survive termination of these Terms.
Contact Us
If you have any questions about these Terms or our Service, please contact us at:
Mini Brands
120 N Market St, Suite 500
Wilmington, DE 19801
United States
Email: [email protected]
