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Customer Service & Phone Orders 1800 280 686

Terms & Conditions of Use & Sale

Information About Us:

 

  • We provide an online we shop service to you via our website www.minifidget.com which is a trading names and style of Minifidget. We are retailers of Products we sell which are produced for Us by other manufacturers. Our Customer Service email address is support@minifidget.com. Any reference to“www.minifidget.com” also means “Minifidget”, “Product” and “Goods”.

 

These Terms & Your Contract:

 

  • Only these Ts&Cs will be considered as relevant notice of any offer in relation to you, your purchase and any subsequent contract entered into with us.

 

Your Status:

 

  • By placing an order through our website, you warrant that: you are legally capable of entering into binding contracts; andyou are at least 18 years old, or the age of ‘Majority’ in your own country’s legal jurisdiction.You hereby warrant that this condition has been fulfilled.you are resident in one of our Serviced Countries; and you agree to be bound by these Ts&Cs.

 

How the Contract is formed between You & Us:

 

  • By placing an order through our website, you warrant that: you are legally capable of entering into binding contracts; andyou are at least 18 years old, or the age of ‘Majority’ in your own country’s legal jurisdiction.You hereby warrant that this condition has been fulfilled.you are resident in one of our Serviced Countries; and you agree to be bound by these Ts&Cs.

 

After submittinHow the Contract is formed between You & Us:

 

  • g your request for products to us, you will receive an e-mail acknowledging it. Please note that this does not mean that your request has been automatically accepted. Your requestonly constitutes an offer to Us to purchasethe Product/s (“Order”, “Goods”, “Purchase”). All Orders are subject to acceptance by us, and we will confirm such acceptance by sending you an e-mail that confirms your Order has been accepted. The contract between You and the Supplying Merchant will only be formed when we send you such Confirmation, and our subsequent dispatch email to you indicating that Your Order has been fulfilled and is on its way to you. As we are a ‘dropship’ business model (that is we act as a conduit shopping business between You and the Supplier), You may also be subject to special Ts&Cs regarding delivery and any returns or refunds of the Supplying Merchant.
  • The Contract will relate only to those Product confirmed. We will not be obliged to supply any other Service or Goods whether expected or not.
  • These Terms and Conditions apply to all Orders and supersede all others. The receipt of acknowledgement of an Order by you, constitutes your acceptance that such conditions herein are the only conditions that apply to the contract, not any other purported terms put forward by you or anyone else.

 

Definitions and Interpretation:

 

  • In this Agreement the following terms shall have the following meanings:
  • “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;
  • “minifidget” and “www.minifidget.com” are trading names of www.minifidget.com “Service” means collectively any online facilities, tools, goods, innovations, services or information that Wemake available through the website either now or in the future;
  • “Services” means the services available to you through this website;
  • “Order” means the service you have requested is accepted by Us;
  • Payment Information” means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
  • “Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
  • “Premises” means our contact details office located as shown above;
  • “System” means any online communications infrastructure that We make available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
  • “User” / “Users” means any third party that accesses the Website and is not employed by Us and acting in the course of their employment; and
  • “Website” means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions.

 

Business Customers:

 

  • These Terms and Conditions also apply to any customers procuring Goods and Services in the course of a business.

 

Intellectual Property:

 

  • Subject to the exceptions specifically mentioned in these Terms and Conditions, all Content included or appearing on our Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of www.minifidget.com, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable International intellectual property law and other laws.
  • You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless this is for your own personal information use, or for any other reason unless given express written permission to do so by Us.Fair Use of material from the Website may be re-used for Your own personal storage or reference purposes without written permission, where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

 

Third Party Intellectual Property:

 

  • Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the respective manufacturers or distributors of such products as may be applicable.
  • Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

 

Copyright Policy

 

  • Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the respective manufacturers or distributors of such products as may be applicable.
  • Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

 

Copyright Policy

 

  • All information shown in Our website is copyright towww.minifidget.com You may not copy any of its content for any commercial purposes or for any ‘reviews’ or articles for publication, without Our express written permission.
  • Any and all reference to any trademarked or copyrighted product or material belonging to another, are hereby expressly acknowledged as being the property of their respective owners.

 

Links to Other Websites:

 

  • This Website may contain links to other sites. Unless expressly stated, these sites are not under our control. We assume no responsibility for the content of such web sites and disclaim all liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

 

Use of Our Website Communications Facilities:

 

  • When using the enquiry, order form or any other Messaging System on the Website you should do so in accordance with the following rules:
  • You must not use obscene or vulgar language;
  • You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, homophobic, sexist or racist;
  • You must not submit Content that is intended to promote or incite violence;
  • It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
  • The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  • You must not impersonate other people, particularly employees and representatives of our company or website or our affiliates or any other person; andYou must not use our System for unauthorised masscommunications such as “spam” or “junk mail”.
  • You acknowledge that for quality & security purposes, We reserve the right to monitor any and all communications made to us or using our System, and You acknowledge that We may retain copies of any and all communications made to us or using our System, for the relevant period required by law (which in the case of the UK or EU is 7 years).
  • You acknowledge that any information you send to us through our System or post to Us, may be modified by us in any way and you hereby waive your moral right to be identified as the author of any such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

 

User Accounts:

 

  • In order to procure Goods and Services on this Websiteyou are required to create an ordering account function(however temporary), which will contain certain personal details and Payment Information, which may vary, based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
  • All information you submit is accurate and truthful; Youagree you have authority or permission to submit Payment Information where such permission may be required; and You will keep this information accurate and up-to-date. Your creation of an account is further affirmation of your representation and warranty. Payments shall be made via Our appointed Payment Processing Service (iePaypal, Shopify or Payoneer) at Our choosing. You will also note that You will additionally be bound by the Payment Processor’s own set of Ts&Cs.
  • It is recommended that you keep any Account details secret, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared or revealed to another person. If you use a shared computer, it is recommended that you do not save your account details in your internet browser.
  • If you have reason to believe that another person without consent has obtained your account details, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until the provision of Services or despatch of goods has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, We accept no liability or responsibility for any loss and you should make contact with the third party payment service provider detailed in the Purchase Information, ie Your card company.
  • When choosing any username and login details, you are required to adhere to the terms set out above in Clause12.3. Any failure to do so could result in the suspension and/or deletion of your Account.

 

Products, Pricing, Availability& Delivery Policy:

 

  • Whilst every effort has been made to ensure that all descriptions of Products available viaour site correspond to the actual Services and goods offered, We are not responsible for any variations or errors in these descriptions.
  • Where appropriate, you are required to select the correct level of ordering and delivery services You require. Any delivery charges are set out clearly on Your order page and will be added to Your basket prior to purchase. We cannot discount or combine postage where such facility does not exist.
  • We accept no responsibility if you make an error in ordering by mistake and find later it is not fit for your purpose, if the goods have been opened and/or used.
  • The person completing the online order is the Customer, and is responsible for the payment of the goods and giving the correct postal details for delivery. You agree that until paid for, any goods belong to the supplying company. At that point, both the title (ownership) and responsibility for the goods passes to You and becomes Your property.
  • We are not responsible if you give the wrong delivery address details, and your goods are despatched there due to Your error, and classed as ‘lost in post’.You alone will be responsible for retrieving the goods at your own expense and time.Once a package is shown in tracking as being successfully delivered, we cannot process or re-ship replacements.
  • As the delivery function is passed to a third party to fulfil, we cannot guarantee a specified time of delivery, or any definite delivery times. Provided thatwe reasonably accept in Our absolute judgement that theProducts were damaged or broken during the delivery process, you will be entitled to a full refund including the cost of returning the items to Us (This applies to deliveries within the UK only).
  • Any ‘loss’ will only be confirmed as lost once the relevant postal carrier has registered the item as lost. If the postal carrier or courier service cannot deliver the package to you at the address you provided on Your order, it is your responsibility at Your cost to retrieve the package at the local post office or depot or to call/contact them and have it re-delivered.
  • We are not responsible for any sales taxes, customs duties or other taxes charged by any customs department. Kindly check with the customs organisation in your own home country, regarding any policies and possible extra charges. You must comply with all applicable laws and regulations of the country for which Our Products are being despatched to. We will not be liable or responsible if you break any conflicting laws or restrictions on import.
  • All pricing information on the Website is correct at the time of going online.We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.In the event that prices are changed during the period between an Order isplaced and our processing that Order and taking payment, provision of the Goods shall commence as per your Order and you will be charged the original price.Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor's display of any colour will be thoroughly accurate.

 

Communications& Orders:

 

  • All notices and communications shall be given to us via our website or by email to support@minifidget.com
  • Such notice will be deemed received onthe day of sending, if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

Orders and Provision of Services:

 

  • No part of this Website constitutes an automatic contractual offer capable of acceptance. Your Order to Us constitutes only a contractual offer that we may, at Our sole and absolute discretion, accept. We reserve the right to reject or decline any Order enquiry at our own discretion, without giving any reason to do so.
  • Confirmation of the Services/ Goods ordered including full details of the main characteristics of those Services or Goods;Itemised pricing for the Services/Goods ordered including, where appropriate, any taxes, delivery and other additional charges;estimated times and dates for delivery and details of the cancellation policy once Our Services have begun;
  • If we, for any reason, do not accept your Order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that non accepted Order will be refunded via the original method of payment within 14 calendar days.
  • Payment for the Services shall be taken via your chosen payment method shown on Our website.

 

Supply of Services.

 

  • The provision of Our Services shall commence with immediate effect once you submit your completed order to Us and once payment is received. For any UK & EU orders only, as Our Services will begin immediately at Your request and in any event within 14 calendar days of Our acceptance of Your Order, Youhereby expressly acknowledge that your statutory cancellation rights under the Distance Selling Regulationscould be affectedby not applying to certain Orders, such as for “Consumables”.

 

Cancellations& Refunds:

 

  • In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made as quickly as possible of your informing Us.
  • We aim to deal with any refund requests in a transparent and fair way. Under the UK & EU Consumer Contract Regulations (incorporating the Distance Selling Regulations), You have a legal right to cancel an order for items sold via Our website during the so called “Cooling Off” Period set out below. This means that, during the 14 day Cooling Off Period, if you change your mind or for any other reason you decide you do not want Our Products, you can notify us of your decision to cancel the order and you are entitled to a full refund of the purchase price of any unopened, saleable, and unusedproducts purchased within this time period.
  • We will process the refund due to you within 14 (fourteen) days of receiving Our products back from You, but in any event, in accordance with your consumer rights according to the country you reside in. Your legal right to cancel will end fourteen (14) calendar days from the date Our Products are delivered to You.
  • To receive a refund under UK/ EU jurisdiction law, you MUST report your cancellation/refund request to our Customer Services Team within the said Cooling Off Period. If you send us your cancellation notice by e-mail then your cancellation is effective from the date you sent us the e-mail. Such refunds donot apply to any “Consumables” and are not sold under any warranty, nor are they eligible for any refund. Your statutory rights are not affected by these conditions.
  • Upon submitting an eligible request to return items, We will provide you with instructions on how to proceed. If we do not receive back the package of Goods and the cancelled order from you, then You will not qualify for any refund or credit note.
  • With the exception of faulty, damaged or mis-described goods, any UK/EU requests for a refund made after the Cooling Off Period (for the purchase price and delivery costs of any of our Products) will be denied. As a consumer, you have legal rights in relation to Goods that are faulty or not as described under the Sale of Goods Act (UK only).
  • Further advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect these legal rights. If you have returned Products to us because they are faulty or mis-described, we will refund the price in full, along with any applicable delivery charges and any reasonable costs you incur in returning the Goods to Us. As long as the issue has been reported as soon as it is noticed and the faulty Products are within their warranties. Your statutory rights are not affected by these Ts&Cs.
  • We reserve the right to refuse any refund request that does not substantially meet our requirements as stated in these terms and conditions. Your statutory rights are not affected by these requirements.
  • We reserve the right to refuse any refund request that does not substantially meet our requirements as stated in these terms and conditions. Your statutory rights are not affected by these requirements.
  • In the event that You have any complaints, concerns, Service problems and or requests, you should contact us via support@minifidget.com

 

Product Warranty & Returning for a replacement.

 

  • Except as expressly stated below, we do not give any representation, warranty or undertaking in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring the Products are entirely or partially suitable for your purposes. Any warranty or defect issues are the responsibility of the Supplying Merchant.
  • In the event of a demonstrable defect in the workmanship or materials, we offer the following warranties;a full refund if faulty or damaged. However, no refund can be given just because You don’t like the Product or You made an error in ordering.

 

Disclaimers:

 

  • We make no warranty or representation that this Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure or that all information provided will be accurate. The information appears on an “as is” basis. We make no guarantee of any specific results from the use of any Products supplied through our website.
  • Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own online security for their personal details and their computers.

 

Changes to Our Services and General Information:

 

  • We reserve the right to change the Website, its Content or these Terms and Conditions at any time. Such changes shall be updated on our website as and when such changes occur. In such event You will be bound by any changes to the Terms and Conditions from the first time you use the Website following such changes.
  • If We are required to make any changes to Terms and Conditions by law or new legislation, these changes will apply automatically to any Orders currently pending in addition to any Orders placed by you in the future.

 

Availability of the Website:

 

  • We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  • We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

Limitation of Liability:

 

  • To the maximum extent permitted by law, Weaccept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any direct, indirect, consequential, special or exemplary damages arising from the use of Our Website or any information contained therein, or from using any Products ordered from Us. Users should be aware that they use the Website and its Content and the products entirely at their own risk.
  • Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
  • Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of Consumer Law, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable by a competent legal authority, that term is to be deemed severed from these Terms and Conditions but such deletion shall not affect the validity and enforceability of the remainder.

 

Privacy& Any Conflict of Tcs&Cs:

 

  • The Use of the Website is also governed by our privacy policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the appropriate link.
  • In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
  • In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these current Terms and Conditions shall prevail unless it is expressly stated otherwise.
  • Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between You and Us.
  • Website Modifications and Revisions - We have the right to change, modify or revise our Website at any time without prior notification to You. By using our Website, you agree to be bound by any changes, modifications and revisions. We suggest that you review this page regularly in order to be fully aware of our up-to-date terms and conditions.

 

Non Reliance on Information:

 

  • The content on our Website is provided for general information only. It is not intended to offer or be capable of becoming advice on which you should rely. Should you wish, you can obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
  • The packaging of the Products may vary from that shown on images on our Website.
  • We are committed to continual improvement and Product choice. As a result we reserve the right to change, adapt, add to, withdraw or otherwise change the designs, functionality, appearance and availability of any Products at any time.

 

Liability for the Website:

 

  • We cannot warrant or guarantee the accuracy or completeness of all or any information published on the Website. We hereby exclude all representations, warranties, conditions or other terms (express or implied) that relate to or may apply to the Website and the use of our Website.

 

Use Of Products & Health Notices:

 

  • You hereby expressly warrant that You take full responsibility for the use of Products sold via our website. If you have any concerns, you should refer to the label and instructions for use of the actual product itself. We do not uphold nor make, any medical or psychological claims regarding the Products shown for sale on Our website. Any such claims that may be displayed or made, are from personal experiences, opinion or suggestion of the Product suppliers themselves, and are not intended to be taken absolutely literally.
  • We do not guarantee or warrant that use of any Products shown on Our website have no risk or are safe to use. If you have any doubts, You should consult qualified medical professional before using Our Products.
  • Some Products may contain small components and can be choking hazards to both adults as well as children and animals. Consequently, the Products should be kept out of the reach of children and pets and from the mouth. Subject to our liability provisions outlined above, We are not responsible for any harm, loss, or allergic reaction that maybe be caused by Your using Products supplied through Our Website.

 

ApplicableLaw and Jurisdiction:

 

  • These Terms and Conditions and the relationship between You and Us shall be governed by and construed in accordance with the Laws of Canada.You hereby agree to submit any disputes, clarifications or claims to the exclusive jurisdiction of the Canadian Courts.
  • These Ts&Cs were last updated May 2017.