2. Any reference to "you" and "your" means you as a customer of our Products and/or as a user of our Website. Any reference to "we", "us", "our" or "Minor Figures" is to Minor Figures Limited, UK company number 09086859, registered office at Unit 12a Uplands Business Park, Blackhorse Lane, London, England, E17 5QJ.

3. Please read these terms and conditions carefully before ticking the box agreeing to subscribe to our Plan or ordering our Product.  You understand that by subscribing or placing an order, you agree to be legally bound by these terms and conditions. Please print a copy of these terms and conditions for future reference.

4. By placing an order through our Website, you warrant that:

4.1 You have authority and are capable of entering into legally binding contracts;

4.2 You are over 18 years old

4.3 You are a resident in the EU, the EEA, Switzerland or the UK (the "Serviced Countries") and

4.4 You are accessing our Website from that country.

5. Plan

5.1 When you sign up to order Products, you are signing up to a rolling Plan to purchase our Product.   

5.2 You acknowledge that we operate our Plan with the assistance of third parties and you agree to us using such third parties and sharing your data with them. Currently we use Jika Inc (trading as Skio) and Shopify, but we reserve the right to change these and if we do, we will give you notice of the change.

5.3 Skio is hosted by Shopify.  You agree to use Skio through which to order Products and Shopify to pay for Products.

6. Right to Cancel this agreement

6.1 You have a right to cancel this agreement within 14 days of agreeing these terms and conditions for the Plan ("Cancellation Period").

6.2 To exercise your right to cancel, within the Cancellation Period you must request cancellation of your Plan via our portal at atomised.minorfigures.com/a/account/login

6.3 We will then arrange a collection of your Welcome Box including all hardware and unused Product and deduct a [€30.00] collection and processing fee. We will issue a refund for any unused Product you return.

6.4 We reserve the right to terminate your Plan if we suspect any fraud.

 

7. Products

7.1 We will supply Products that conform materially to their description on our Website.

7.2 We will take reasonable care to ensure that representations and descriptions of Products appearing on our Website are correct. We have made reasonable efforts to display as accurately as possible the appearance of the Products.

7.3 Our Products comply with legal requirements in the United Kingdom and the EEA.

7.4 The labelling or packaging of the Products you receive may differ from the images of these which you see on our site.

7.5 If we are not able to supply you with a Product for any reason, we will inform you of this by email and we will not process your order and we will not charge you, or we will refund you if you have already paid for the Products, including any delivery charge.

7.6 We will try our best to supply exactly what you have ordered, but we reserve the right to substitute any Product that we cannot practically supply with reasonably similar Products. If you are unhappy with the substitution, please contact us and we will not charge you for substitutes that are reasonably not acceptable to you.

7.7 We reserve the right to change suppliers, formulations and ingredients from time to time.

7.8 You are responsible for inspecting the Products on delivery and storing them and using them correctly in accordance with the instructions provided.

7.9 We accept no liability for any loss, damage or injury arising as a result of your incorrect storage, or incorrect use of our Products.

7.10 You are responsible for checking our packaging for allergens and ensuring you bring these to the attention of all users of the Products we supply to you.  Our packaging is labelled to show allergen advice.

8. Delivery

8.1 It is your responsibility to ensure you have provided us with a correct delivery address and instructions.

8.2 You may cancel or change recurring deliveries at any time up to the date notified to you and before we process your reoccurring order.

8.3 We will send you notice that we have dispatched your Products when we have dispatched them.

8.4 Delivery will be complete when we deliver Products to the delivery address you have specified. The Products are at your risk once delivery is complete.

8.5 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the relevant Products, including delivery charges.

8.6 If you are not able to take delivery of the Products at your delivery address when we attempt delivery, we shall return the Products to our depot and notify you.  You may arrange an alternative delivery date at your expense.  No refund shall be made.

8.7 Delivery dates are estimates only and we have no liability for any losses arising from delay in delivery.

8.8 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If nobody is available to receive the Products, we will use reasonable efforts to follow any special delivery instructions you have provided.

9. Right to Return Products

9.1 If a Product is defective, you should contact us and report such defect as soon as possible and in any event within five (5) days of delivery, giving full details of the defect with photographic evidence and telling us whether you require replacement Product or a refund to: atomised@minorfigures.com.

9.2 We will refund you or supply a replacement (whichever you require) within fourteen (14) days of the date on which we either receive the Product back from you, or the date on which we have agreed with you that the Product is defective and we have agreed in writing that you may dispose of it.

9.3 Refunds will be by the method you used to pay us.

10. Price and Payment

10.1 The Product price is as per the Order Form.

10.2 We reserve the right to change Product prices and delivery charges from time to time, but changes shall not affect orders in respect of which we have sent you confirmation of dispatch.

10.3 We may offer discounts from time to time and these may only be applied to future orders and cannot be exchanged for cash or refunds. We reserve the right to cancel discounts at any time.

10.4 We may allocate credit to your account in certain circumstances, such as when you sign up, refer a friend or as a marketing incentive. Credits cannot be exchanged for cash and are non-transferable and will expire when stated to expire. Any unused credit on your account will automatically expire if you terminate your Plan.

10.5 Your Plan will automatically renew until it is upgraded, downgraded or terminated.

10.6 You authorise us and our third party payment providers to take payment and/or to charge your payment card for the relevant amounts and at the relevant times. Dispatch of the Products is subject to our being able to charge your payment card.  It is your responsibility to update your payment card details as necessary.

10.7 We use shopify.com's payment services to carry out and process your payments.

11. Liability and Indemnity

11.1 Nothing in this agreement shall exclude or limit our liability for:

11.1.1 death or personal injury caused by our negligence;

11.1.2 fraud or fraudulent misrepresentation;

11.1.3 any breach of the obligations implied by section 12 of the sale of Goods Act 1979 relating to legal title/ownership;

11.1.4 defective products under the Consumer Protection Act 1987, or;

11.1.5 any other matter for which it would be illegal for us to exclude or limit liability.

11.2 Subject to clauses 40 and 42, we shall not be liable for loss of profits, loss of income or revenue, loss of business, loss of anticipated savings, loss or corruption of data, information and software, or waste of management time.

11.3 Subject to clauses 40 and 41, if we fail to comply with these terms and conditions, we shall only be liable to you for the price you paid for the Products and any losses you have suffered as a result of our failure to comply which are a reasonably foreseeable consequence of our failure, subject to a maximum liability of £3000.

11.4 Subject to clause 40, you agree to indemnify us in respect of all damages, claims, losses and professional expenses incurred in relation to any claims by third parties caused or contributed to by your breach of these terms and conditions.

12. Data Privacy

12.1 We shall handle your personal data in accordance with applicable law. Please see our  privacy policy atomised.minorfigures.com/pages/privacy-policy and cookie policy atomised.minorfigures.com/pages/cookie-policy for more information.

13. Right to Terminate the Plan

13.1 You and we have the right to terminate these terms and conditions and this Plan at any time. If we wish to terminate we will give you written notice which will take effect on the date stated in the notice.  If you wish to terminate you must do so via our portal at atomised.minorfigures.com/a/account/login.

13.2 We shall cease charging you and delivering the Product to you from the date the notice to terminate takes effect (the "Termination Date").

13.3 You shall remain liable for all charges for Products up to the Termination Date.

13.4 Clauses 40 to 43 inclusive and clauses 47, 48, 55 and 57 shall remain in force between you and us after the Termination Date.

14. General

14.1 Notices: The address to which you must serve formal notice on us and the address to which we must serve formal notice on you is set out on the Order Form. Notices shall be deemed received 24 hours after you send them, unless you receive a return receipt indicating that your email has not been delivered and received.

14.2 Assignment: You may not transfer, assign, charge or dispose of this agreement or any rights or obligations arising under it without our prior written consent.  We may transfer, assign, charge or dispose of this agreement or any rights or obligations arising under it at any time.

14.3 Events beyond our control: We will not be liable for events beyond our reasonable control including but not limited to: acts of God, natural disaster; epidemic or pandemic; terrorist attack, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination, or sonic boom; any law or any action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; collapse of buildings, fire, explosion or accident; and any labour or trade dispute, strikes, industrial action or lockouts; non-performance by suppliers or subcontractors; and interruption or failure of utility service.

14.4 Our performance will be suspended in the circumstances described in clause 51 for the duration of the relevant events beyond our control and we will try to find a solution by which our obligations may be performed despite such event.

14.5 Waiver: A waiver of any right or remedy under this agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay in exercising any right shall not amount to a waiver of such right.

14.6 Severance: If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement and you and we shall negotiate in good faith to agree a replacement provision that achieves the intended commercial result of the original provision.

14.7 Entire agreement: The Order Form and these Terms and Conditions and any document referred to in them constitute the entire agreement between you and us and supersede all previous agreements between us.

14.8 Our right to vary these Terms and Conditions: We reserve the right to vary the Terms and Conditions from time to time is agreement from time to time.  We shall try to give you notice of variations, but shall not be obliged to.  Variations will be binding on you, unless you expressly notify us that you do not agree to any variation.

14.9 Law and jurisdiction: This agreement is subject to the laws of England and Wales and any dispute between us shall be subject to the exclusive jurisdiction of the courts of England and Wales.