Terms & Conditions
Welcome to Minim Studio! We are confident that you will adore your new guitar stand or guitar hanger. Before purchasing one of our elegant pieces, please take a moment to read these terms and conditions.
Acceptance
This website (Site) is operated by Minim Studio ABN 18 960 881 986 (we, our or us). It is available at minimstudio.co and may be available through other addresses or channels.
By accessing and/or using the Site you:
warrant to us that you have reviewed these Terms and Conditions, including our Website Terms of Use and our Privacy Policy (available on the Site) (Terms), with your parent or legal guardian (if you are under 18 years old);
warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
agree to use the Site in accordance with the Terms.
You must not use the Site and/or place an order for products through the Site unless you are at least 13 years old. If you are a parent or legal guardian permitting a person who is at least 13 years old but under 18 years old (a Minor) to use the Site, you agree to: (i) supervise the Minor’s use of the Site; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
Orders
You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other charges and taxes) at the time you place your order.
We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
When placing an order for bespoke design that is made to order (Bespoke Design), such as a Podium Stand, you must provide details about the type of guitar and any desired specifics, which will be passed on to the manufacturer.
It is your responsibility to check the order details, including selected products and pricing, and your chosen colour of products, before you submit your order through the Site.
For any special delivery instructions, please include these in the ‘notes’ section during checkout.
When you order and pay on the Site and your payment has been validated, we will provide you with order details, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
Price & Payments
You must pay us the purchase price of each product you order plus any applicable delivery and insurance costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery and insurance costs separately from the product price.
You must pay the Price using one of the methods set out on the Site.
You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.
For products available for pre-sale, you must pay the Price in accordance with this clause, and your products will be dispatched through a registered courier by the date specified on the Site.
Promotional Discount Codes
We may, from time to time, issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.
Availability and cancellation
All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
Bespoke Designs take approximately 8 weeks to create after you have placed an order. You will be informed of the expected delivery date of your Bespoke Design.
We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
Delivery, title and risk
If possible we will deliver the products to the delivery address you provide when making your order. We deliver worldwide. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
Delivery costs are set out on the Site.
We normally dispatch products within 3 business days of receiving an order. Exceptions to this timeframe apply, including when you have ordered a Bespoke Design, when products are available for pre-sale (in which case, products will be dispatched on the date specified on the Site), and for reasons otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
If you need to change the delivery date or delivery address, please notify us immediately in writing.
We may deliver the products using a range of delivery methods, including registered courier. Bespoke Designs may be delivered by the manufacturer. All deliveries must be signed for. If you are not home to accept your delivery, the delivery company will generally deliver the products to a nearby post office, and you will be left a slip with the details so that you can collect your products from the post office.
Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order, or, if you are not home to collect the products, as soon as they are delivered to a nearby post office.
Returns
We do not accept returns for change of mind or other circumstances
Australian Consumer Law
Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (ACL). In Australia, our goods come with guarantees which cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
Where you return the products to us to seek an ACL remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us. Where your claim is a valid claim under the ACL, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
Intellectual Property
All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
You must not, without our prior written consent:
copy or use, in whole or in part, any of our intellectual property;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
Limitations
Despite anything to the contrary, to the maximum extent permitted by law:
our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the Price paid by you to us for the products the subject of the relevant claim; and
we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
loss of, or damage to, the products, or any injury or loss to any person, including if the products are used for a purpose other than their intended purpose;
failure or delay in providing the products; or
breach of the Terms or any law, where caused or contributed to by any:
event or circumstance beyond our reasonable control; or
act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
General
Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when submitting your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
Photographs: We hope that you share pictures of your new products with your friends! If you provide us with photographs of the products including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and our social media.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
Governing law: These Terms are governed by the laws of Victoria, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.
For any questions and notices, please contact us at:
Minim Studio ABN 18 960 881 986
Email: hello@minimstudio.co
Last update: 28 October 2019