Welcome to MINIMAL. Here are the legal terms and a few important notes:
Supplemental Terms applicable to The Minimalist Box and other Special Offers sold by MINIMAL-owned Editor’s Pick shop.
- Any Special Offers by the Editor’s Pick shop are special campaigns and/or offers (typically only for a limited promotional period) and different from the primary business model of MINIMAL where transactions are solely between the Sellers and Buyers using getminimal.com as a virtual platform to complete transactions. The Special Offers sale and purchase transactions are contracts formed between MINIMAL and the Buyers.
- In the unlikely event that any items in The Minimalist Box becomes unavailable or unsuitable, GCL shall exercise its sole discretion in replacing such item with another item with at least equivalent Recommended Retail Price.
- Every effort has been made to clearly and fairly identify and represent products. Price comparisons and other product information are collected from manufacturers specifications, advertised prices, manufacturers’ recommended retail pricing and shipping quotations. GCL does not guarantee the accuracy of this information.
- GCL does not manufacture any of the items offered in the Special Offers (including The Minimalist Box). GCL shall not be held responsible for any damages that occur due to an allergic reactions, or as a result of any other unforeseen occurrence.
- GCL shall also not be held liable for any damages resulting from the misuse of any product. Therefore, it is the sole responsibility of the customer to read all product instructions carefully, to use the product strictly for the purpose it was designed for, and to ensure that the product is used in a safe and reasonable manner.
- Customers who purchased The Minimalist Box (four seasons full set) will receive a monthly delivery from March to December 2017 (a total of 10 deliveries around every 15th of the month). Delivery of other Special Offers are according to the terms specified in each case.
- For customers who bought The Minimalist Box may seek partial refund of your purchase on or before 1 April 2017 (the “Cut Off Date”). GCL does not accept any return of delivered item(s) and shall only refund pro-rata the unfulfilled deliveries as of 1 April 2017 (i.e. 9 out of 10 or 4 out of 5 deliveries); You may received 90% or 80% accordingly, of what you have paid for the merchandise “The Minimalist Box” by making a formal refund request before the Cut Off Date via email to us at email@example.com. For other Special Offers, refund policy is as stated in the Editor’s Pick shop policy from time to time.
- getminimal.com provides a virtual platform for Seller and Buyer to complete sale and purchase transactions and communicate with other Users on the website.
- The contracts formed at the conclusion of each transaction is solely between the Seller and the Buyer.
- Our Services connect people and businesses around the world to make, sell and buy ethical beauty products. Depending on how you use our Services, you may be a Buyer, Member, User and/or Seller. Please kindly familiarize yourself with the Terms applicable to you.
- The Site’s Currency is US Dollars (USD) meaning you may choose to display prices in other currencies for your ease in shopping and comparing prices, but you will ultimately be charged in its equivalent value in USD.
- Acceptance of Terms
- Acceptance. The following terms and conditions (the “Terms”) apply to the services available from the domain and sub-domains of getminimal.com, related sites and mobile applications (“the “Services”) designated by Growwings Company Limited. The Terms are a legally binding contract between you and Growwings Company Limited. By using any of the Services (including accessing and browsing getminimal.com), you accept these Terms. If you do not accept these Terms, you may not use the Services.
- Amendments. The Terms may be amended in whole or in part by GCL from time to time without prior notice to you. Amendments to the Terms will be effective immediately upon the posting of the amended terms and conditions on getminimal.com. Your continued use of the Services represents your agreement to be bound by the Terms as amended.
- Languages. Translation of the Terms (if any) made available on the domain and/or sub-domains of getminimal.com is provided for reference only and the English version shall always prevail.
- Licence. We grant you a limited, non-exclusive and revocable licence to access and make use of getminimal.com. This licence does not include any resale or commercial use of getminimal.com or its contents; any derivative use of getminimal.com or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by us in a separate licence, your right to use any software, data, documentation or other materials that you access or download through getminimal.com is subject to these Terms.
- Communications. We may communicate with you by e-mail notices on getminimal.com. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communication be in writing.
- In the Terms, the following expressions have the meaning set out below:
“Buyer” means any person that purchases any Item on getminimal.com with or without payment.
“eShop” means the virtual shop that Seller runs on getminimal.com to offer any Item for sale to Buyer.
“getminimal.com” or “Website” means the website which is currently at http://www.getminimal.com and any successor, related site(s) or mobile application(s) designated by GCL.
“GCL” means Growwings Company Limited, a limited company incorporated in Hong Kong and the Website owner.
“Item” means any goods, products or services offered or sold to Buyer by Seller.
“Member” means a user with a valid member account issued by getminimal.com.
“MINIMAL” or “we” or “us” or “our” means GCL.
“Seller” means any person or legal entity that offers any Item for sale in getminimal.com.
“Seller Agreement” means an agreement titled MINIMAL Seller Agreement made between a Seller and GCL.
“User” or “you” means any person directly or indirectly using the Services, regardless of whether he or she is registered as a Member. For the avoidance of doubt and without prejudice to the generality of the foregoing, User shall include any Buyer or Seller.
- In the Terms, unless the context otherwise requires:
- headings are for convenience only and shall not limit, extend, vary or otherwise affect the construction of any provision of the Terms;
- words and expressions importing the singular include the plural and vice versa; and
- words and expressions importing one gender include both genders and the neuter, and references to persons include natural persons, bodies corporate or unincorporated, sole proprietorships, partnerships, associations, enterprises, branches and all other forms of organisations and entities.
- In the Terms, the following expressions have the meaning set out below:
- Legal Capacity and Authority. Users should ensure that they are able to lawfully enter into and form contracts under the law. If you are registering with getminimal.com as a business entity, you personally represent that you have the authority to legally bind that entity.
- Responsibility. In becoming a Member in getminimal.com, you must provide complete and accurate personal information during account registration and continue to have a valid email account. You are solely responsible for any activity on your account, so it is important to keep your account password secure. Your account is not transferable and we do not recommend that you share your account with other people.
- Selling. In order to be a Seller in getminimal.com, you need to have applied and approved by us to be a Seller and have a valid Seller Agreement.
- Buying. As a Buyer, you must not fail to make payment for item that you purchase, or in any way circumvent or otherwise avoid payments payable to us.
- Relationship. For the avoidance of doubt, the Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you (whether as User, Member, Seller and/or Buyer) and us. We reserve the rights to refuse access to or use of getminimal.com and/or the Services to anyone, at any time and at our sole and absolute discretion.
- Responsibility for Your Content. You understand that you are solely responsible for your content posted through the Service. You represent that you have all necessary rights to your content and that you’re not infringing or violating any third party’s rights by posting it.
- Inappropriate, False or Misleading Content. There are certain types of content we do not want posted on in the Website and/or Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any law or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
- Rights You Grant Us. By posting any content (including and not limited to reviews, comments and ratings) on getminimal.com and/or related sites applications, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content to provide the Services and to promote MINIMAL, an e-Shop, or the Services in general, in any formats and through any channels, including across any MINIMAL Services or third party website or advertising medium.
- Our Intellectual Property Rights. All rights in connection with getminimal.com are expressly reserved. You may not, without our prior written permission, in any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of getminimal.com, or commercialize, copy or on-sell any information on Items obtained from any part of getminimal.com that comprise intellectual property of us.
- Third Party Contents. We are not responsible for third party contents or claims on copyrights, trademarks and/or licences. Content on getminimal.com may be provided by third parties, either as a result of submission by Users or by selection by us. Any opinions, advice, statements, descriptions, services, offers, information or other content expressed or made by third parties on or through getminimal.com are solely those of the respective authors or distributors and neither we nor our affiliates shall be liable for the contents therein. We shall not be liable for any damages resulting from any infringement of copyrights, trademarks or other proprietary rights in any third party content. Unless required by law, we shall have sole discretion regarding the removal of the allegedly infringing materials from our Website.
- As a Seller
- Eligibility. You become a Seller when you are approved by MINIMAL as such and you are subject to both the Terms and the Seller Agreement you entered into with us.
- Transaction between Seller and Buyer Only. You agree and understand that each transaction is made by and between a Seller and a Buyer only; and MINIMAL shall not be considered as a party to the transaction.
- Sellers’ Representation. Representations regarding 100% no animal testing | 100% no animal ingredients | 100% no polluting substances of each Item you sell via getminimal.com are true as of the date of the Seller Agreement and repeated in each sale to the Buyers. Buyers shall be able to rely on such representations as part of the goods description under the Sales of Goods Ordinance and/or any applicable laws. In the event that any representations are or will no longer be true, GCL has the rights to immediately terminate your account, your Seller Agreement with us and any further dealing with the Seller.
- Quality and Availability. It is a Seller’s responsibility to ensure that it has sufficient stock and delivery capability to fulfill a purchase order via getminimal.com. Each Seller guarantees that its Items are authentic and quality. A Seller should answer Uses’ enquiries in relation to its Items and provide reasonable after sales services to Buyers.
- Delivery. Upon getminimal.com informing Seller of the details of a purchase order, including payment confirmation and recipient address provided by Buyer, Seller must swiftly handle such order and deliver the corresponding Item(s) to the recipient address using such postal services and within the promised delivery window (if any) as represented in the Seller’s eShop.
- Disputes. Each seller agrees to resolve any disputes directly with a Buyer or with the assistance provided at the discretion of GCL, and in accordance with the Terms.
- Avoiding MINIMAL Fees and Commission. You agree not to circumvent or otherwise avoid payment of our fees and commissions. This will include, but is not limited to, any attempt to circumvent or avoid payment to us by redirecting User to link(s) outside of getminimal.com by providing link(s) in your Item detailed pages that refer to or promote sales outside of getminimal.com. You must not market or export any content (including but not limited to any reviews, ratings, comments) to any venue other than getminimal.com or for the purpose of marketing your eShop or Items sold on getminimal.com. Linking your getminimal.com content from or to other buying and selling websites is not permitted.
- Taxation. Sellers shall comply with all applicable laws in relation to the payment of tax. Sellers are solely responsible for paying any and all taxes associated with sales via getminimal.com and fees payable in relation to the use of this Website, or any other tax liabilities incurred through using the Services.
- As a Buyer
- Eligibility. You become a Buyer when you confirm a purchase order on our Website. You need to be above the age of 18 and either have a valid Member account or with record your personal information including, name, contact number, email and delivery address to us.
- Transaction between Seller and Buyer Only.
- By confirming an order you have entered into a binding contract with the Seller to purchase the Item. You agree and understand that each transaction is made by and between a Seller and a Buyer only; and we shall not be considered as a party to the transaction.
- Some order status or messages may be delivered directly to your registered email account, therefore please make sure that the account is valid before purchase.
- Once an order is confirmed, you shall pay through the online payment method (for example PayPal) provided at once. A confirmed order is a legally binding contract between the Seller and the Buyer. Additional fees may be applied when an order is cancelled.
- You consent that your personal data may be disclosed to the Seller or other third parties for the purpose of effectuating the transactions through getminimal.com and delivering the Items.
- If you are having any problem in connection with an Item ordered or purchased, you should direct your queries first to the Seller.
- Online Payment Service Provider. The payment methods we provide may change from time to time. Any online payment made will be made through third party online payment service providers. It is that service provider (ie. not us) that is responsible for the safety and privacy of user’s payment details. The processing of online payment(s) is solely the responsibility of the online payment service provider and is subject to the terms and conditions of that company. We accept no responsibility for any loss or damages that may arise as a result of the making of a payment through these online service providers.
- Seller Items. All Items offered, introduced or mentioned in getminimal.com by third parties (including, without limitation, advertisements) are not offered or provided by us. We take no liability whatsoever regarding the accuracy or reliability of any of the information contained therein. Since any contract for the purchase of Items will be between you and the Seller, you are strongly encouraged to make your own investigations if you feel that it is necessary or appropriate to do so before proceeding with any transaction. We make no representations or warranties, express or implied, with respect to availability, merchantability, fitness for purpose or any implied warranties relating to the Items listed on getminimal.com.
- No Warranties
- Items You Purchase. You understand that GCL does not manufacture, store or inspect any of the items sold through our Services. We provide the venue; the items on our platform are produced and sold directly by independent Sellers, so GCL cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to any Item must be brought directly against the Seller of the Item. You release GCL (including its directors, officers, employees, parent companies, subsidiaries, affiliates and agents) from any claims related to items sold through our Services, including for defective items, misrepresentations by Sellers or items that caused physical injury (like product liability claims).
- Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by Users through our Services. GCL is not responsible for the accuracy, copyright compliance, legality or decency of content posted by Users that you accessed through the Services. You release GCL (including its directors, officers, employees, parent companies, subsidiaries, affiliates and agents) from all liability relating to that content.
- People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that GCL does not screen Users of its Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
- Overall. getminimal.com and its services are provided on an “as is” basis without any kind of representations or warranties of any kind, express or implied, including without limitation the following:
- warranties of merchantability, fitness for purpose, title and non-infringement in respect of the Items sold on getminimal.com;
- that getminimal.com or its services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;
- that the information, content or materials included on the site will be as represented by Sellers, available for sale, lawfully able to be sold or that the Sellers or Buyers will perform their obligations;
- any implied warranty arising from course of dealing or usage of trade;
- any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of GCL; and
- to the full extent permissible under the applicable law, GCL disclaims any and all such warranties.
- Limitation of Liability
- To the fullest extent permitted by law, GCL (including its directors, officers, employees, parent companies, subsidiaries, affiliates and agents) will not be liable for any damage of any kind, including without limitation direct, indirect, incidental, punitive, special or consequential damages (including, without limitation any loss of profits, loss of revenue or loss of data) arising out of or in connection with these Terms or the Services (including and not limited to the access or use of getminimal.com, the transactions entered into through getminimal.com or those resulting from any Item purchased or obtained through getminimal.com, including (but not limited to) any damages for loss of profits, goodwill, use, data or other intangible losses resulting from (a) the use or inability to use the service of getminimal.com; (b) products, data, information, services or messages received or purchased directly from or via getminimal.com, or the replacement cost of products and services derived from such dealings; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party as a result of the service provided by getminimal.com or (e) any other matters relating to the service of getminimal.com).
- In no event shall GCL’s aggregate liability for any damages exceed one hundred ($100) US Dollars or the amount you paid GCL in the past twelve months, whichever the lesser.
You agree to defend GCL (including any of its officers) and indemnify and hold GCL (including its directors, officers, employees, parent companies, subsidiaries, affiliates and agents) harmless from and against any and all claims, cost, losses, damages, judgments, penalties, interest and expenses (including legal fees) arising out of any claim (being any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or an entity) that relates or arises out of your use of getminimal.com. GCL (including any of its officers) reserves the right to handle its legal defense however it sees fit, even if you are defending and indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
- Termination By You. As a Buyer, you may terminate usage of our Services any time without any notice. Terminating your account is not, however, equivalent to successfully cancelling any existing confirmed purchase orders or any outstanding payment you owe via getminimal.com. As a Seller, you may terminate your account according to the terms in your Seller Agreement with us.
- Termination By Us. GCL, in its sole discretion, may refuse service to anyone for any reason, including and not limited to refusal of access to or use of getminimal.com by any person, without advanced notice. GCL (including its officers and employees) will not be liable to you for the effect of such termination, including but not limited to you losing any information and content associated with your account.
- Terms Enforcement. GCL reserve the right to review and take appropriate actions to deal with any violation of these Terms, including, without limitation removing, disabling or suspending use by any User that violates these Terms, to claim from you for all losses and/or damages as a result of your breach and to report any activity that we suspect to have violated any relevant law or regulation to appropriate law enforcement agencies.
- Discontinuation of Services. GCL reserves the right to change, suspend or discontinue any Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you.
- Survival of Terms. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
- No Agency
No agency, partnership, fiduciary, trustee, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.
- No Waiver
If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of that right. We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any term of these Terms will not constitute a waiver of our right to subsequently enforce such term or any other terms of these Terms.
- You acknowledge and agree that if you decide to browse or use the services provided on getminimal.com, you do so entirely at your own risk. In no event shall GCL (including its directors, officers, employees, parent companies, subsidiaries, affiliates or agents) be liable for any loss or damage, direct or indirect, general or special, compensatory, consequential, incidental, arising from or in connection with or otherwise associated with your browsing or use of getminimal.com.
- We take no responsibility for any of the Items offered or provided on getminimal.com. We have no control over the quality, fitness, safety, reliability, legality or any other aspect of any of the Items that you may purchase or sell on getminimal.com.
- We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any third party content. Under no circumstances will GCL be liable for or in connection with any errors or omissions in any third party content or embedded links, any loss or damage caused by your reliance on or any other harm arising from any third party content.
- Any material downloaded or otherwise obtained through the use of the services on getminimal.com is done at your own risk and discretion and you shall be solely responsible for any damage to your computer system or damage or loss of data resulting from the download of any information.
- If you have a dispute with one or more Users or any third party in relation to your use of getminimal.com, you release GCL (and its directors, officers, employees, parent companies, subsidiaries, affiliates or agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. We encourage you to exercise caution and use common sense and practice safe buying and selling when using getminimal.com.
- As GCL is not the agent of either Seller or Buyer for any purpose, GCL will not act as either party’s agent in resolving any disputes between them arising out of or in connection with any transaction. GCL urges Sellers and Buyers to work with each other in good faith to resolve such disputes amiably.
- Governing Law
These Terms are governed by the laws of Hong Kong Special Administrative Region of the People’s Republic of China. Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules. The law of this arbitration clause shall be Hong Kong law and the place of arbitration shall be Hong Kong.