Please read these terms of agreement ("agreement" or "terms of service") carefully before using the website and services offered by YourMiniBar Ltd ("YourMiniBar.com"). This agreement sets forth the legally binding terms, conditions and policies for your use of the website at https://yourminibar.com/ (the "site") and all services provided by YourMiniBar.com on the site. By registering or using these services, you agree to accept the terms of this agreement, including the conditions and policies that are used for each registering service.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "merchant", the “merchants” or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all merchants of the Site.
The contents of this agreement include the main body, as well as all the terms, conditions and policies including (but without limitation) legal statements, privacy provisions et cetera, that have been or will be published or released by YourMiniBar.com. All terms, conditions and policies are an integral part of this agreement and shall have the same legal effect as the main body of this agreement.
YourMiniBar.com reserves the right to change some or all of the terms, conditions and policies of the service at any time. When YourMiniBar.com launches new terms of this agreement, the new terms shall come into force as the merchant presses the button “agree”. You log in or continue to use the “service”, which means that you have read and accepted the revised, updated agreement. If merchants do not agree to any alteration or updates of terms, conditions and policies, merchants must terminate this agreement according to the rules.
When you dispute with YourMiniBar.com, the latest agreement shall prevail. Unless separately stated, any new content that will expand the scope of the “service” shall be subject to this agreement.
1. YourMiniBar.com is a Marketplace YourMiniBar.com acts as a marketplace to allow merchants who comply with YourMiniBar.com's policies to offer and sell certain goods within an optimized-price format. YourMiniBar.com is not directly involved in the transaction between buyers and sellers. As a result, YourMiniBar.com has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. YourMiniBar.com cannot ensure that a buyer or seller will actually complete a transaction. Consequently, YourMiniBar.com does not transfer legal ownership of items from the seller to the buyer.
YourMiniBar.com cannot guarantee the true identity, age, and nationality of a merchant or a buyer. YourMiniBar.com encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that YourMiniBar.com is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other merchants, or outside parties on YourMiniBar.com. You use the YourMiniBar.com’s service at your own risk.
If you have disputes with the third party over your products, you and the third party shall not claim any rights and damage compensation of any kind and nature (including actual damage and indirect damage), no matter these claims, requirements and compensation of damages are known, ensured or released.
2. Membership Eligibility Age: YourMiniBar.com's merchant services are available only to, and may only be used by, individuals who are of 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. YourMiniBar.com may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use YourMiniBar.com's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the merchant and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by YourMiniBar.com's policies as stated in the Agreement and the YourMiniBar.com policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by YourMiniBar.com, each of which is incorporated herein by reference and each of which may be updated by YourMiniBar.com from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by YourMiniBar.com from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
As a legal person, you promise and guarantee that during the period of registration and agreement:
(a) you are legally established in accordance with local law, validly existing and in good operation;
(b) you have all the necessary legal qualifications, rights, capabilities and authorities to sign this agreement, fulfill duties accordingly and grant rights, licensing and authority required by this agreement, and have the permissions, approvals and licenses required by your business; and (c) you and your affiliates will comply with all applied laws to fulfill your rights and duties in this agreement.
Password: Keep your password secure. You are fully responsible for all activities, liabilities and damages resulting from your failure to maintain password confidentiality. You agree to immediately notify YourMiniBar.com of any unauthorized use of your password or any breach of security. You also agree that YourMiniBar.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than YourMiniBar.com without YourMiniBar.com's express written permission. Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on YourMiniBar.com you must provide and maintain valid payment information such as a valid PayPal account. If you do not comply with the aforementioned provisions, you assume all responsibility for losses.
Account Transfer: You may not transfer or sell your YourMiniBar.com merchant account and username to another party. If you are registering as a business entity, you should prove that you have the right to assign the agreement, and the validity should be vested in the entity.
Right to Refuse Service: YourMiniBar.com's services are not available to temporarily or indefinitely suspended YourMiniBar.com members. YourMiniBar.com reserves the right, in YourMiniBar.com's sole discretion, to cancel unconfirmed or inactive accounts. YourMiniBar.com reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing Joining and setting up a shop on YourMiniBar.com is free. YourMiniBar.com does not charge fees for listing an item for sale. Depending on your agreement with YourMiniBar.com, YourMiniBar.com will either take a percentage or a set amount of the sale price when the item sells. YourMiniBar.com may, at YourMiniBar.com's sole discretion, change some or all of YourMiniBar.com's services at any time. In the event YourMiniBar.com introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Euros (EUR).
In certain situations, including but not limited to a void or invalid transaction, YourMiniBar.com may issue a credit for the applicable fees to a seller's billing statement.
You are responsible for paying all fees and applicable taxes associated with using and selling on YourMiniBar.com.
Price: Price is the set product rate by merchant, including taxes, tariffs and any other applied costs. Merchants are required to list prices and shipping costs for the products they sell through the YourMiniBar.com Marketplace. YourMiniBar.com will pay merchants based on the prices and shipping costs that they list for their products, either paying out a percentage of the price and shipping cost or a set amount based on the price and shipping cost. YourMiniBar.com reserves the right to adjust the prices or shipping costs displayed to users within the movement range agreed by merchants to optimize sales for YourMiniBar.com’s merchants. This does not affect the amount or percentage YourMiniBar.com has agreed to pay the merchants for their orders. If merchants have not agreed with the movement range, YourMiniBar.com will never change their prices. In this case, merchants will pay the payment processing fees, all refund costs, and YourMiniBar.com will not promote their products (no notification, no DPA ads, no discount incentives).
A merchant's shipped transactions may be eligible for payment within 90 days of their shipment dates. YourMiniBar.com may unilaterally decide to delay the remittance and withhold the accounts payable to merchants or any other due payment according to this agreement, until receiving the confirmation of delivery. Transactions that cannot be confirmed as delivery may be ineligible for payment. YourMiniBar.com will pay merchants for their eligible transactions twice a month. This payment will be a net amount: the merchant's prices (product and shipping) less YourMiniBar.com’s charge, per the revenue share or cost.
4. Listing and Selling Listing Description: By listing an item on the Site, you warrant that you and all aspects of the item comply with YourMiniBar.com's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your YourMiniBar.com shop. Your listings may only include text descriptions, graphics, pictures and other contents relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical.
Shop Policies: All sellers are urged to outline shop policies for their YourMiniBar.com shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with YourMiniBar.com's site-wide policies. If there are any differences in shop policies and YourMiniBar.com policies, YourMiniBar.com policies prevail. Sellers are responsible for enforcing their own reasonable shop policies. YourMiniBar.com reserves the right to request that a seller modifies a shop policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: the transaction cannot be completed, due to laws, regulations, policies, natural disasters, wars, strikes and other unforeseen factors. The cost arising from not completing orders in time shall be undertaken by the merchant or the merchants.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding YourMiniBar.com transaction fees, misrepresent the item's location, or use another merchant's account without permission.
5. Prohibited, Questionable and Infringing Items and Activities You are solely responsible for your conduct and activities on and relating to YourMiniBar.com and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on YourMiniBar.com. If YourMiniBar.com makes any requirements at any time, merchant shall provide the written proof of having obeyed the product requirement of YourMiniBar.com and related law as soon as possible. The merchant assumes all responsibility for losses arising from delay.
Restricted Activities: Your Content and your use of YourMiniBar.com shall not:
a) Be false, inaccurate or misleading;
b) Be obscene or contain pornography, nudity, or adult material;
c) Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
d) Host images that are not part of a product listing;
e) Link directly or indirectly to, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on YourMiniBar.com;
f) List any item on YourMiniBar.com (or consummate any transaction) that could cause YourMiniBar.com to violate any applicable law, statute, ordinance or regulation, or that violates this agreement;
g) Be fraudulent (Fraud is the action taken by merchant to deliberately inform customers of false information or conceal the real situation to lure customers into making purchasing.) or involve the sale of illegal (Illegal goods refer to the commodity material, goods (including packaging) which contains illegal content.), counterfeit (Imitation is the product’s trademark being forged or imitated or the product being adulterated without the permission of the owner of registered trademark.) or stolen items (Stolen products refer to illegally possessing, secretly stealing or burgling public or private products);
h) Be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including, without limitation, YourMiniBar.com staff or other merchants), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
i) Violate (or involve the sale of products that violate) upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, YourMiniBar.com's Copyright and Intellectual Property Policy); Such prohibited behavior includes (without limitation): 1) selling or displaying items portraying the likeness of a celebrity (including portraits, pictures, names, signatures and autographs); 2) selling or displaying items bearing a third party brand or trademark that you are not authorized to display in such manner or 3) selling any pirated video or recording;
j) Modify, adapt or hack YourMiniBar.com or modify another website so as to falsely imply that it is associated with YourMiniBar.com;
k) Solicit business for, direct sales to, or promote any website, service, or entity outside YourMiniBar.com;
l) Violate this Agreement, YourMiniBar.com’s Merchant Policy any YourMiniBar.com site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
m) List any item of the following categories: illegal, prescription or recreational drugs,
Posts may not promote the sale of illegal, prescription or recreational drugs, tobacco products and related paraphernalia, unsafe supplements, weapons, ammunition or explosives, animals, adult products or services, healthcare products, real money gambling services, real/virtual/fake currency and any related items.
Third-party infringement Posts may not contain content that infringes upon or violates the intellectual property rights of any third party, including copyright or trademark. This includes, but is not limited to, the promotion or sale of counterfeits, such as goods that copy the trademark (name or logo) and/or distinctive features of another company's products to imitate a genuine product.
If YourMiniBar.com has reasonable doubts to believe the merchant consummates any transaction that was initiated using YourMiniBar.com's service that could cause YourMiniBar.com to violate any applicable law, statute, ordinance or regulation, or that violates the right of merchant’s account and pay customers or others according to specific compensation standard. All the payments YourMiniBar.com made include (but without limitation) refund, compensation and other fees. Merchants should agree to YourMiniBar.com’s decision on user refunds, if they believe they are unduly affected, they should follow YourMiniBar.com’s standard merchant dispute route. YourMiniBar.com will notice you the result and reserve the right of final explanation. YourMiniBar.com may decide to implement a policy that allows YourMiniBar.com to withhold payment or other due payments according to this agreement. If YourMiniBar.com has reasonable doubts to believe any actions or behaviors of the merchant may cause disputes, fees or other claims with customers, YourMiniBar.com has rights to delay payment to the merchant and withhold account payable or other due payments according to this agreement, until all investigations of those actions and behaviors have completed. If the merchant conducts above restricted activities or violates this provision, the merchant should pay EUR €500 as penalty per incidence.
You agree that YourMiniBar.com has no obligations to keep information, update information, or send you the latest information in the case of suspending or ceasing your account.
Without limiting YourMiniBar.com’s remedies for any violation of any provision above (or any other provision in any other agreement between you and YourMiniBar.com), if YourMiniBar.com (in its sole discretion) determines that you violate any of the above provisions, YourMiniBar.com may, temporarily or permanently, freeze your account (including, without limitation, all capital therein and any payment to you therefrom).
7. Resolution of Disputes and Release In the event a dispute arises between you and YourMiniBar.com, please contact YourMiniBar.com.
Any disputes arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration, using the English language. This agreement is governed by and construed in accordance with the laws of the United Kingdom without regard to conflicts of laws provisions thereof and may be modified or waived only in writing signed by both Parties. This Agreement sets forth the entire agreement between the parties hereto with respect to the subject matter hereof. If any provision of this Agreement is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and resolved by arbitration administered under the relevant Greek authorities; provided, however, that either party shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction. The language of the arbitration shall be in English. The prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses, including, without limitation, attorneys’ fees. Neither party may assign this Agreement without the other party’s consent; provided, however, that either party may assign this Agreement without the other party’s consent to a third party that acquires all or substantially all of such party’s stock, assets, or business to which this Agreement relates. Should you have a dispute with one or more users, or an outside party, you release YourMiniBar.com (and YourMiniBar.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands, actions, liabilities, rights, duties and damages (actual and consequential) of every kind and nature, known and unknown, determined or possible, certain and uncertain, natural or unnatural, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. YourMiniBar.com encourages merchants to report merchant-to-user disputes to your local law enforcement, or a certified mediation or arbitration entity, as applicable.
YourMiniBar.com, for the benefit of merchants, may try to help merchants resolve disputes. YourMiniBar.com does so in YourMiniBar.com's sole discretion, and YourMiniBar.com has no obligation to resolve disputes between merchants and users or between merchants and outside parties. To the extent that YourMiniBar.com attempts to resolve a dispute, YourMiniBar.com will do so in good faith based solely on YourMiniBar.com's policies. YourMiniBar.com will not make judgments regarding legal issues or claims.
8. YourMiniBar.com's Intellectual Property YourMiniBar.com, and other YourMiniBar.com graphics, logos, designs, page headers, button icons, scripts, and service names are copyright of YourMiniBar Ltd. in Greece. YourMiniBar.com's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Additionally, you agree that you will not:
a) Take any action that imposes, or may impose, in YourMiniBar.com's sole discretion, an unreasonable or disproportionately large load on YourMiniBar.com's infrastructure
b) Copy, reproduce, modify, create derivative works from, distribute or publicly display any merchant Content (except for your Content) from the Site or without the prior express written permission of YourMiniBar.com and the appropriate third party, as applicable
c) Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
10. Breach Without limiting any other remedies, YourMiniBar.com may unilaterally decide, without notice, and without refunding any fees, delay or immediately remove Content, warn YourMiniBar.com's community of a merchant's actions, issue a warning to a merchant, temporarily suspend a merchant, temporarily or indefinitely suspend a merchant's account privileges, terminate a merchant's account, prohibit access to the Site, and take technical and legal steps to keep a merchant off the Site and refuse to provide services to a merchant if any of the following applies:
12. No Warranty YourMiniBar.com, YourMiniBar.com's subsidiaries, officers, directors, employees, and YourMiniBar.com's suppliers provide YourMiniBar.com's web site and services "as is" and without any expressed, implying or statutory warranty or condition. YourMiniBar.com, YourMiniBar.com's subsidiaries, officers, directors, employees and YourMiniBar.com's suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from YourMiniBar.com shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
13. Liability Limit In no event shall YourMiniBar.com, and (as applicable) YourMiniBar.com's subsidiaries, officers, directors, employees or YourMiniBar.com's suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, YourMiniBar.com's services, or this agreement, including but without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
YourMiniBar.com's liability, and (as applicable) the liability of YourMiniBar.com's subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance are limited to the greater of (a) the amount of fees you pay to YourMiniBar.com in the 12 months prior to the action giving rise to liability, and (b) €100.
14. Indemnity You agree to indemnify and hold YourMiniBar.com and (as applicable) YourMiniBar.com's parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
15. No Guarantee YourMiniBar.com does not guarantee usable, timely, secure, correct, continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside YourMiniBar.com's control. YourMiniBar.com is not responsible for any services breaking down, including (but without limitation) system corruption or other situations that may affect receiving, processing, testing, completion or settlement of transaction.
16. Legal Compliance; Taxes You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any YourMiniBar.com service and, if applicable, your listing, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any sales of items you make on the Site (excluding any taxes on YourMiniBar.com's net income).
17. Sales, Custom and Value-added taxes In an effort to remain compliant with respective consumer legislations, YourMiniBar.com strongly encourages its merchants to maintain good standing with respect to custom and value-added taxes or VAT, where applicable.
Due to separate and applicable tax jurisdictions, purchases may be subject to specific sales, custom or value-added taxes, and the shipping time and associated cost may increase.
Merchants that sell regularly on the YourMiniBar.com platform may be required to reserve for VAT. Although YourMiniBar.com does not require sellers to have a VAT number to sell in YourMiniBar.com’s marketplace, merchants may be required to pay for VAT for conducting such business in the applicable tax jurisdictions. As a result, YourMiniBar.com strongly encourages its merchants to consult with their own tax experts and register for a VAT identification number and reserve such VAT dues accordingly.
You agree that you are responsible for all tax collection and payment among all parties of this agreement.
18. Severability If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
19. No Agency You and YourMiniBar.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Merchants have no right to represent YourMiniBar.com to make or accept any offers or acceptance. Merchants cannot make any statements at any circumstance that may cause conflict with this term. This agreement does not establish an exclusive partnership between merchants and YourMiniBar.com.
20. YourMiniBar.com Service YourMiniBar.com reserves the right to modify or terminate the YourMiniBar.com service for any reason, without notice, at any time. YourMiniBar.com reserves the right to alter these Terms of Service or other Site policies at any time, so please review the policies frequently. If YourMiniBar.com makes a material change YourMiniBar.com will notify you here, by email, by means of a notice on YourMiniBar.com’s home page, or other places YourMiniBar.com deems appropriate. What constitutes a "material change" will be determined at YourMiniBar.com's sole discretion, in good faith, and using common sense and reasonable judgment.
21. Choice of Law This Agreement shall in all respects be interpreted and construed with and by the laws of the Hellenic Republic.
22. Survival Sections 3 (Fees and Billing), 6 (Content), 7 (Resolution of Disputes and Release), 8 (YourMiniBar.com's Intellectual Property), 9 (Access and Interference), 10 (Breach), 11 (Privacy), 12 (No Warranty), 13 (Liability Limit), 14 (Indemnity), 15 (No Guarantee), 17 (Sales, Custom and Value-added taxes), 18 (Severability), 20 (YourMiniBar.com service), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
23. Notices Except as explicitly stated otherwise, any notices shall be given by postal mail to YourMiniBar.com; 1 Sansome Street; 40th floor; San Francisco, CA 94104 (in the case of YourMiniBar.com) or, in your case, to the email address you provide to YourMiniBar.com (either during the registration process or when your email address changes). Notice shall be deemed as proof of service 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, YourMiniBar.com may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to YourMiniBar.com. In such case, notice shall be deemed as proof of service three days after the date of mailing.
24. Disclosures The services hereunder are offered by YourMiniBar Ltd, located at …………..