Terms and Conditions for Mini Fashion Monsters
HOW DOES MINI FASHION MONSTERS WORK?
The Services are a mobile and online platform that allows users to (i) list children’s apparel and other items for sale by posting photos and other content relating to such items, (ii) browse, search, discuss and purchase such items, (iii) participate in an online community focused on children’s fashion and (iv) and engage in other activity relating to the foregoing. Any user that buys one or more items through the Services is referred to herein as a “buyer”, and any user that lists one or more items for sale on the Services is referred to herein as a “seller”. A user may be both a buyer and a seller.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether publicly posted or privately transmitted to Mini Fashion Monsters or the Services, are collectively referred to herein as “Content.” The submitting user retains ownership of Content submitted by such user. Notwithstanding the user’s ownership of the Content, the submitting user grants Mini Fashion Monsters a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable license to use, reproduce, modify, publish, translate, distribute, and display such Content (in whole or part) on the Services and for any other reasonable purpose. Without limiting the foregoing, such license shall extend to the use of any submitting user’s Content in marketing emails, share pages, or other advertising materials that we may develop or distribute from time to time
Mini Fashion Monsters has not, and will not, review, monitor, or edit the Content for accuracy, authenticity, timeliness, integrity, or completeness. Mini Fashion Monsters shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers violating the Terms or to be illegal or otherwise inappropriate for the Services. Mini Fashion Monsters, in its sole and absolute discretion, may preserve Content and may also disclose or otherwise use Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Mini Fashion Monsters, users of the Services or the public.
Without limiting the generality of the foregoing, we advise you that the Services contain features that allow users to send non-public messages to each other and that any messages or other information sent between or among users using such features are considered Content hereunder. While it is not our policy to generally monitor or review user messaging activity, we advise you that we may review, disclose and use the information contained in any such messages for any of the purposes described above.
In order to maximise the user experience in using the Services, and avoid, eliminate or minimise some of the disruptive, disrespectful and non-productive activity you often encounter at other websites and blogs, we ask you to follow these rules: (a) do not upload to, distribute through or otherwise publish through the Services any Content that is libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable or that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law; (b) do not use the Services in any manner that could be offensive, including but not limited to posting Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) only use the Services in a manner consistent with all laws and regulations and in accordance with these Terms; (d) do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose; (e) only submit Content for which you have the copyright or other specific permission to distribute electronically; (f) do not violate, plagiarise, or infringe on the rights of third parties, including without limitation copyright, trademark, trade secret, privacy, publicity or other proprietary rights; and (g) do not, without our express written approval, distribute or otherwise publish any Content containing any solicitation of funds, advertising, affiliate marketing offers, link referral codes, junk mail, “spam,” chain letters or pyramid schemes.
OUR LICENSE TO YOU
The Services, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs, and other material and information contained on, or utilized in the provision of, the Services, are the property of Mini Fashion Monsters, its users, or its content suppliers, as applicable, and are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. Mini Fashion Monsters hereby grants you a limited, non-exclusive, non-transferable personal license to use the Services only for (i) personal or informational purposes and (ii) for the limited commercial purpose of buying and selling items posted to the Services in accordance with these Terms. The term of such license is limited to the period that you maintain a valid user account and otherwise comply with these Terms. You may print and/or download and store portions of the Services for such purposes, so long as you retain all copyright and other proprietary notices contained within the Services. Except as expressly authorized by Mini Fashion Monsters in writing, you may not use, copy, distribute, modify, or create derivative works from, disclose, display, transmit, or post or any portion of the Services for any purpose, create internet “links” to the Site or App or “frame” or “mirror” the Site or App on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to Mini Fashion Monsters and/or its licensors.
LISTING AND SELLING
By listing an item on the Services, you represent and warrant that you and all aspects of the item comply with these Terms. You also represent and warrant that you may legally sell the item. You must accurately describe your item and all terms of your offer on the Services. Your listings may only include text descriptions, graphics, pictures, and other content relevant to the sale of that item. All items must be listed in an appropriate category.
You may not do any of the following in using the Services at any time: (i) use another user’s account without permission, (ii) alter an item’s price after it has sold, (iii) make or attempt to make direct arrangements with a buyer or a seller to use a payment method other than the approved payment methods available through the Services, or (iv) take any action which is deliberately designed to circumvent, reduce or manipulate Mini Fashion Monsters transaction fees. Your failure to comply with any of the foregoing constitutes grounds for our immediate termination of your ability to use the Services.
Creating a user account with Mini Fashion Monsters and listing items for sale through the Services is free. Prices for items listed on the Services are always displayed to buyers on a “shipping included” basis. In other words, the price displayed in an item listing (the “Listing Price”) is the total price the buyer will pay to purchase the item and have it packaged and shipped to him or her by the seller. The Services permit sellers to offer discounts on an individual item or multiple-item orders from a single buyer and, in such cases, the “Listing Price” of an item as used herein means to the price displayed for such item after giving effect to such discount.
An “Order” refers to an item or group of items purchased by a single buyer from a single seller in the single “Cart” checkout on the Services. When an order is placed, we charge the seller of the Order a transaction fee equal to 10% of the aggregate Listing Price of all the items in the Order. The amount the seller makes for the Order (the “Seller Proceeds”) is thus 90% of the aggregate Listing Price for the items in the Order. You are responsible for paying all applicable taxes associated with using the Services (other than taxes on Mini Fashion Monsters’s income).
Unless otherwise stated, all fees are quoted in Pounds Sterling (GBP). Our fee policy is subject to change. We will post any permanent changes to our fee policy by updating these Terms in accordance with the first paragraph of the Terms. We may also choose to temporarily change the fees for certain services for promotional events; such changes are effective when we post the temporary promotional events on the Services or otherwise provide notice to you. We may waive or reduce our fees for certain users or groups of users at our sole discretion. We may, at our sole discretion, change some or all of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service. In certain situations, including but not limited to a void or invalid transaction, we may issue a reimbursement of applicable fees to a seller.
Sellers pay for shipping on Mini Fashion Monsters. As a seller, when listing an item, you should factor in the cost of packaging and shipping the item in setting the Listing Price. Sellers may combine multiple items purchased in a single Order into a single package and may offer discounts to buyers to account for the reduced shipping costs associated with such combined packaging. All orders must be shipped using a trackable shipping method offered by the Royal Mail (“RM”), United Parcel Service (“UPS”), Federal Express (“FedEx”), DPD Group (“DPD”) or another shipping service recognized by the Services. As a convenience to our users, we have built features into the Services that allow the seller of an Order to purchase a Royal Mail shipping label for the Order directly from Mini Fashion Monsters. When an order is placed by a buyer, the seller must confirm the Order by either (i) purchasing a Royal Mail shipping label for the Order from Mini Fashion Monsters through the Services or (ii) purchasing trackable postage for the Order outside of Mini Fashion Monsters (at an approved shipping service) and entering the tracking number in the Order confirmation screen on the Services.
SELLER PROCEEDS RESULTING FROM A SALE WILL NOT BE CREDITED TO THE SELLER’S ACCOUNT (AS DESCRIBED BELOW) UNTIL THE SHIPPING LABEL IS SCANNED OR THE TRACKING SERVICE USED OTHERWISE INDICATES THAT ORDER HAS BEEN SHIPPED.
Mini Fashion Monsters provides a shipping estimator tool in the listing process to help sellers estimate shipping costs. This tool provides an estimate only for use in calculating the Listing Price. The seller’s actual shipping cost will be determined at the time the seller purchases postage after an Order is placed (either by purchasing a label from Mini Fashion Monsters or by purchasing trackable postage outside of Mini Fashion Monsters). If the seller purchases a shipping label for an Order from Mini Fashion Monsters, Mini Fashion Monsters will generate and provide (in electronic format) a Royal Mail shipping label for the Order based on shipping weight or other information the seller enters during the listing process and confirms after the Order is placed. The seller must package the items in the Order and print and affix the shipping label to the package, using the seller’s own printer, tape, and packing materials. The seller must then ship the package by dropping it off at a Royal Mail Post Office. If the shipping weight of the package exceeds the maximum weight applicable to the label purchased by the seller or the package does not otherwise meet applicable Royal Mail requirements, the package may be returned to the sender by Royal Mail, or the buyer may be required to pay additional postage before the Royal Mail will deliver the package. If you are a buyer that has been required to pay additional postage and would like to seek reimbursement from the seller, please contact us at hello@Minifashionmonsters.com
The seller of an Order must ship the Order within 7 days of the date of purchase or the Order will be automatically cancelled, and the buyer’s purchase price will be refunded. If you are unable to ship an item within 7 days, please contact us at hello@Minifashionmonsters.com
We hold all Seller Proceeds resulting from Orders placed on the Services in a single deposit account established by Mini Fashion Monsters with a commercial bank for the benefit of our users. We keep individual sub-account records for each Mini Fashion Monsters seller (each a “Mini Coinage Account”). The balance in a user’s Mini Coinage Account is referred to herein as the user’s “Mini Coinage”. When an order is placed, the anticipated Seller Proceeds relating to such Order will appear in the seller’s Mini Coinage Account in “pending” status (“Pending Mini Coinage”). Pending Mini Coinage is not available for withdrawal and may not be used by the seller for any purpose except as the Services may otherwise permit. When the tracking number for a packaged Order indicates that the Order is on its way to the buyer, the Seller
Proceeds related to such an Order will be released to the seller’s Mini Coinage Account in the form of Mini Coinage that is available for withdrawal (“Redeemable Mini Coinage”). Redeemable Mini Coinage can be cashed out to your PayPal account or bank account or used for future purchases on the Services.
In connection with our friend’s referral program (discussed below) or other promotional activity, we may from time to time credit a user’s Mini Coinage Account with restricted funds (“Mini Coinage Credits”) that may be used for future purchases on the Services (or for other purposes that the Services expressly permit) but may not be cashed out or otherwise used by you for any other purpose. The receipt and/or use of Mini Coinage Credits may be subject to expiration dates and such other terms and conditions as we may from time to time establish in our sole discretion with or without notice to you.
In order to redeem Mini Coinage, you must link your PayPal account. Once you have provided your authorization for the transfer, you will not be able to cancel the bank transfer. We reserve the right to establish a minimum amount of any such transfer. We do not currently but may in the future allow alternative methods of withdrawing Redeemable Mini Coinage from a user’s Mini Coinage Account. We reserve the right to establish a maximum period during which users may maintain a Mini Coinage Account balance and require a withdrawal of all Redeemable Mini Coinage in such manner as we reasonably deem appropriate at the expiration of such period or upon the happening of such other events as we may deem appropriate, such as the closure of a user’s Mini Fashion Monsters user account. We reserve the right to cancel, suspend or delay cashouts for purposes of fraud detection and prevention. Mini Coinage does not earn interest.
Our return policy is available at https://minifashionmonsters.com/faq and is incorporated herein by reference.
CREDIT CARD TRANSACTIONS
To the extent you as a buyer affect any transaction on the Services using a credit card, you must have a valid credit card on file, and we will (or a third-party credit card processor may) store your credit card information. We (or such a third-party credit card processor) will verify your credit card information (including expiration date and billing address) but will not charge your credit card unless you conduct an activity through the Services that require your credit card to be charged. By agreeing to pay for a transaction with your credit card, you authorize us to charge your credit card. We may from time to time offer certain rewards (such as Mini Coinage Credits) to existing users that refer new users to the Services using an invite code provided by us to such existing users or a similar method. We may also make similar rewards available to such new users using an invite code or that.
The Services are not intended for use by children. If you are under 13, you may not submit or post any information or material on the Services or otherwise provide such information to Mini Fashion Monsters, including but not limited to personally identifiable information. Users of the Services have the option of submitted information about their children. Please refer to our privacy https://minifashionmonsters.com/faq for more information about your options and how we use this information.
Mini Fashion Monsters may terminate or limit a user’s ability to use the Services in Mini Fashion Monsters’s absolute discretion and for any reason. Mini Fashion Monsters may terminate your use of the Services for reasons that include but are not limited to, the following: (1) violation of these Terms; (2) abuse of resources on which the Services rely or attempt to gain unauthorized entry to the Services; or (3) as required by law, regulation, court, or governing agency order. Mini Fashion Monsters’s termination of any user’s access to the Services may be effected without notice and, on such termination, Mini Fashion Monsters may immediately bar any further access to the Services. Mini Fashion Monsters shall not be liable to any user or other third party for any termination of that user’s access to the Services. In the event of termination, Mini Fashion Monsters reserves the right to delete, or not delete, a user’s Content at Mini Fashion Monsters’s sole discretion.
The Services may provide links to other websites maintained by third parties. Mini Fashion Monsters exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products, services, or other materials on such websites. Your access and use of such linked websites, including information, material, products, and services therein, is solely at your own risk.
RESPONSIBILITY FOR USE; WARRANTY DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend, and hold Mini Fashion Monsters and its officers, directors, affiliates, employees, and agents harmless from any and all claims, demands, damages, costs, and liabilities including reasonable lawyers’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Services; his or her submission, posting or transmission of Content or his or her violation of the Terms.
Mini Fashion Monsters is not a party to, has no involvement or interest in, makes no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes, or any relations whatsoever between you and any other user, person, or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent, or judicious investigation, inquiry, research, or due diligence with respect to your interactions with others. You agree to indemnify and hold Mini Fashion Monsters and its members, governors, officers, directors, employees, and agents harmless from and against any third-party claim, cause of action, demand, or damages related to or arising out of your interactions with others.
Should you have a dispute with one or more users, or an outside party, you release Mini Fashion Monsters and its officers, directors, affiliates, employees, and agents from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We encourage users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. We reserve the right but have no obligation, to become involved in any way with disputes between you and any other user of the Services.
The Services are only a venue for users to interact with other users to list, discuss, buy and sell items. Mini Fashion Monsters is only providing a service and is not otherwise involved in any transaction between buyers and sellers who use the Services, and Mini Fashion Monsters does not obtain title to any listed or purchased items, nor does it act as a buyer, seller, or agent in connection with any such transaction. Mini Fashion Monsters does not control the Content posted to the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Content and makes no representation whatsoever with respect to underlying goods posted for sale or sold through the Services. Under no circumstances will Mini Fashion Monsters be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted or displayed via the Services or as a result of any transaction conducted by any user in reliance on such Content. Each user, by using the Services, may be exposed to Content that is offensive, indecent, or objectionable. Each user must evaluate, and bear all risks associated with the use of the Services and Content, including any reliance on the accuracy, completeness, timeliness, integrity, or usefulness of the Services or any such Content.
FOR ANY TRANSACTION THAT IS INITIATED OR CONDUCTED THROUGH THE SERVICES, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS, OR OTHER REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE RELEVANT ITEM(S). PLEASE USE CAUTION AND COMMON SENSE AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICES.
Without limiting the generality of the foregoing, Mini Fashion Monsters advises you that the sale and resale of certain items posted for sale through the Services, such as cradles, car seats, and certain toys, may be subject to the regulation governing the resale of such items, manufacturers’ recalls or other rules and regulations relating to the protection of children and consumers. Any user who posts any such item to the Services represents and warrants that the posting and any resale of such item are in full compliance with all such rules and regulations and is not subject to any such manufacturer’s recall. Mini Fashion Monsters makes no representation or warranty whatsoever in connection with the sale or resale of any such item and shall have no liability whatsoever in connection with the improper or illegal sale or resale of any such item by any user.
Mini Fashion Monsters does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside of Mini Fashion Monsters’ control. When you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply, and Mini Fashion Monsters shall have no liability whatsoever for such charges, rates, or other fees.
EACH USER’S USE OF THE SERVICES ARE AT HIS OR HER SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MINI FASHION MONSTERS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR COMMUNICATIONS. MINI FASHION MONSTERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MINI FASHION MONSTERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF MINI FASHION MONSTERS OR CONTENT ACCESSED THROUGH MINI FASHION MONSTERS (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON MINI FASHION MONSTERS AND LINKS IN CONTENT ACCESSED THROUGH MINI FASHION MONSTERS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
“Mini Fashion Monsters” and “Minifm” are a registered trademark of MiniFM Ltd. All other marks, names, and logos mentioned on the Services are the property of MiniFM or, as applicable, the person displaying or using such mark, name or logo. Your use of the “Mini Fashion Monsters” mark or other marks, names, and logos set forth on the Services without the prior written consent of the applicable owner is strictly prohibited.
Mini Fashion Monsters respects the intellectual property rights of others and requires that the people who use the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible through Services in a way that constitutes copyright infringement, you may notify us by providing the Copyright Agent (defined below) with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorised to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Mini Fashion Monsters to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Content, you may send a written counter-notice containing the following information to the above-described designated agent: (1) your physical or electronic signature; (2) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; (4) a statement that you will accept service of process from the person who provided notification of the alleged infringement.
The Terms constitute the entire agreement between each user and Mini Fashion Monsters and govern each user’s use of the Services, superseding any prior agreements. The Terms and the relationship between each user and Mini Fashion Monsters shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions, and each party shall submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. These Services are controlled and operated by Mini Fashion Monsters from its offices within the United Kingdom. Mini Fashion Monsters makes no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access these Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship of any kind between Mini Fashion Monsters and any user.