Terms Of Service
Last Modified: May 17, 2023
In consideration for permitting your access to our website and virtual online store hosted at https://minitopshop.com and other domains and sub-domains (collectively the “Website”) and further good and valuable consideration, you agree as follows:
These Terms of Service (the “Terms“) form a legally binding agreement that governs your access to and use of our Website. By using our Website, you, the user (“you” or “your“), represent and warrant that (a) you are at least 18 years of age; and (b) you have read and understood these Terms and agree to be bound by them.
If you are using the Website on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, “you” and “your” will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms, which form an agreement with Mini Top Shop.
Privacy
We use the personal information you provide us in accordance with our privacy policy, which is incorporated by reference and available online at privacy policy. Using our Website, you consent to such processing and represent that all information provided by you is accurate.
Electronic Communications
Visiting https://minitopshop.com/ or sending emails to Mini Top Shop constitutes electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mini Top Shop is not responsible for third-party access to your account resulting from theft or misappropriation of your account. Mini Top Shop and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Children Under 18
If you are under 18, you may use https://minitopshop.com/ only with the permission of a parent or guardian.
Cancellation/Refund Policy
Cancellations are only accepted for full-priced items within 60 minutes after an order is placed. You have 30 days from the date your receive your order to initiate and return your item(s) for a refund or store credit (The product must be in good condition and in its original packaging). We will reject any returns not made within this window. Due to the bespoke nature of some of our handmade products, we cannot accept returns/exchanges or offer refunds for any handmade item.
Links to Third Party Sites/Third Party Services
https://minitopshop.com/ may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Mini Top Shop, and Mini Top Shop is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Mini Top Shop provides these links to you only as a convenience. The inclusion of any link does not imply endorsement by Mini Top Shop of the Site or any association with its operators.
Certain services made available via https://minitopshop.com/ are delivered by third-party sites and organizations. By using any product, service or functionality originating from the https://minitopshop.com/ domain, you as a result of this acknowledge and consent that Mini Top Shop may share such information and data with any third party with whom Mini Top Shop has a contractual relationship to provide the requested product, service or functionality on behalf of https://minitopshop.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://minitopshop.com/ strictly under these terms of use. As a condition of your use of the Site, you warrant Mini Top Shop that you will not use the Site for any unlawful or prohibited purpose by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Mini Top Shop or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions in any such content and will not make any changes to it.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Mini Top Shop content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and make no other use of the content without the express written permission of Mini Top Shop and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mini Top Shop or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Mini Top Shop has no obligation to monitor the Communication Services. However, Mini Top Shop reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Mini Top Shop reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Mini Top Shop reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mini Top Shop’s sole discretion.
Always use caution when giving out personally identifying information about yourself or your children in any Communication Service. Mini Top Shop does not control or endorse the content, messages or information found in any Communication Service. Therefore, Mini Top Shop expressly disclaims any liability concerning the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized Mini Top Shop spokespersons, and their views do not necessarily reflect those of Mini Top Shop.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to https://minitopshop.com/ or Posted on Any Mini Top Shop Web Page.
Mini Top Shop does not claim ownership of the materials you provide to https://minitopshop.com/ (including feedback and suggestions) or post, upload, input, or submit to any Mini Top Shop Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mini Top Shop, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid to the use of your Submission, as provided herein. Mini Top Shop is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Mini Top Shop’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated, and administered by Mini Top Shop from our office within Canada. If you access the Service from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use the Mini Top Shop Content accessed through https://minitopshop.com/ in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Mini Top Shop, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mini Top Shop reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with Mini Top Shop in asserting any available defenses.
Arbitration
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the Canadian Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms of Service or any disputes arising as a result of these Terms of Service, whether directly or indirectly, including Tort claims that are a result of these Terms of Service. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms of Service.
Class Action Waiver
Any arbitration under these Terms of Service will occur individually; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Mini Top Shop agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Mini Top Shop. And/or its suppliers may make improvements and/or changes in the site at any time.
Mini Top Shop and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Mini Top Shop and/or its suppliers hereby disclaim all warranties and conditions concerning this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Mini Top Shop and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Mini Top Shop or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site or with any of these terms of service, your sole and exclusive remedy is to discontinue using the site.
Termination/Access Restriction
Mini Top Shop reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Quebec. You with this consent to the exclusive jurisdiction and venue of courts in Quebec in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not affect all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mini Top Shop due to this agreement or use of the Site. Mini Top Shop’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mini Top Shop’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mini Top Shop concerning such use. If any part of this agreement is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above. In that case, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mini Top Shop concerning the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mini Top Shop concerning the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The express wish to the parties that this agreement and all related documents be written in English.
Age Restriction
You may not use or engage with the Platform if you are under thirteen (18) years of age. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by law.
- Any other content prohibited by Applicable Law in the jurisdiction from which the message is sent.
Miscellaneous
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this agreement or the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Website shall be subject to this agreement unless explicitly stated otherwise in writing. We reserve the right to change this agreement from time to time. Any updates to this agreement shall be communicated to you. You acknowledge your responsibility to review this agreement from time to time and be aware of any such changes. By continuing to use and engage with the Website after any such changes, you accept this agreement as modified.
Changes to Terms
Mini Top Shop reserves the right, in its sole discretion, to change the Terms under which https://minitopshop.com/ is offered. The most current version of the Terms will supersede all previous versions. Mini Top Shop encourages you to review the Terms to stay informed of our updates periodically.
Contact Mini Top Shop
If you have questions about this policy or need help exercising your privacy rights, please contact us.
