Terms of service

GENERAL DESCRIPTIONWelcome to Benito Minimal. The terms "we," "us," and "our" refer to Benito Minimal. Benito Minimal operates this store and website, including all information, content, features, tools, products, and services to provide you, the customer, with a curated shopping experience (the “Services”). Benito Minimal uses Shopify technology that enables us to provide the Services.

The following terms and conditions, together with all policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By viewing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy and Data Handling Policy posted on this website. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.

SECTION 1: ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in the state or jurisdiction in which you reside and that you have given us your consent to allow any minors under your care to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing our online stores, browsing them, or purchasing any product or service we offer, you may be asked to provide certain data such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information you provide in our stores is correct, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and all activity under your account. You may not transfer, sell, or assign your account to another person, nor grant licenses tied to such account.

SECTION 2: OUR PRODUCTS
We have made every effort to accurately display our products and services in our online stores. However, please note that the colors or appearance of the product may differ from how they appear on your screen due to the type of device you use to access the store and its settings.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to those shown in our online stores.

All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction as applicable.

SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. Benito Minimal reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Benito Minimal confirms acceptance. We must receive and process your payment for your order to be accepted. Please review your order carefully before submitting it, as Benito Minimal may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided when the order was placed.

Your purchases are subject only to returns or exchanges in accordance with our Refund Policy posted on this website.

You represent and warrant that your purchases are solely for personal or household use and not for resale or commercial export.

SECTION 4: PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email you receive. Unless expressly stated otherwise, published prices do not include taxes, shipping, order handling, customs, or import fees.

Prices posted in our online stores may differ from those offered in physical stores, online platforms, or other outlets managed by third parties. From time to time, we may offer promotions on the Services that may affect pricing and are subject to terms and conditions different from these Terms. In the event of a conflict between promotion terms and these Terms, the promotion terms shall prevail.

For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit/debit card information you provided is true, correct, and complete; (ii) you are duly authorized to use such card for the purchase; (iii) your card issuer will honor the charges incurred by you; and (iv) you will pay charges incurred at the posted prices, including applicable shipping, handling, and taxes, if any.

SECTION 5: SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping companies, customs processing, or events beyond our control. Once we deliver the products to the shipping carrier, ownership and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, marks, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by Benito Minimal, its affiliates, or licensors, and are protected by U.S. and foreign copyright and other intellectual property laws.

These Terms allow you to use the Services solely for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Unless expressly stated herein, nothing in these Terms shall be construed as granting any license or right to you under any patent, trademark, copyright, or other intellectual property of Benito Minimal, Shopify, or third parties. Unauthorized use of the Services may constitute a violation of intellectual property laws. Benito Minimal reserves all rights not expressly granted herein.

The names, logos, product and service names, designs, and slogans of Benito Minimal are trademarks of Benito Minimal, its affiliates, or licensors. You must not use such marks without the prior written consent of Benito Minimal. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans within the Services are the trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS
As part of the Services, you may be provided access to client tools offered by third parties over which we have no control, monitoring, or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional third-party tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or managed by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, nor do we warrant, the accuracy of materials or third-party websites you choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.

We are not responsible for any harm or damages related to your access to third-party websites, or to the purchase or use of products, services, or resources from third-party websites. Please carefully review third-party policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to them.

SECTION 9: RELATIONSHIP WITH SHOPIFY
Benito Minimal uses Shopify technology, which enables us to provide the Services. However, any sale or purchase made in our store is conducted directly with Benito Minimal. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that occur between you and Benito Minimal, including injuries, damages, or losses caused by the purchased products or services. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Benito Minimal.

SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available on this website, and certain personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.

Since the Services are hosted on Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for you. To provide the Services, information you submit to the Services will be transmitted to and shared with Shopify and third parties who may be located in countries outside of your residence. For more information on how we, Shopify, and our partners use your personal information, please review our Privacy Policy available on this website.

SECTION 11: COMMENTS
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to meet our obligations and enforce our rights under the Terms of Service.

You also represent and warrant that: (i) you own all necessary rights to all Comments; (ii) you disclosed any compensation or incentive received in connection with submitting the Comments; and (iii) your Comments will comply with these Terms. We have no obligation to (1) treat your Comments as confidential; (2) provide compensation for your Comments; or (3) respond to your Comments.

We may, but are under no obligation to, monitor, edit, or remove Comments that we, in our sole discretion, determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or infringe intellectual property rights or these Terms of Service.

You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain libelous, unlawful, abusive, or obscene material, nor contain computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have placed your order).

SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:

(a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, state, or local regulations, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) to impersonate any other person or entity, or attempt to do so; (i) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm Benito Minimal, Shopify, or users of the Services, or expose them to liability.

You further agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) send spam, perform phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet. We reserve the right to suspend, deactivate, or terminate your account at any time without prior notice if we determine you have violated any part of these Terms.

SECTION 14: TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Comments, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which by its nature should survive termination.

SECTION 15: DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from reliance placed on such materials by you, any other visitor to the Services, or anyone informed of its contents.

UNLESS EXPRESSLY STATED BY BENITO MINIMAL, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NONINFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOU WILL BE ABLE TO USE THE SERVICES UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SECTION 16: LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BENITO MINIMAL, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Benito Minimal, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys’ fees, paid to any third party due to or arising out of (1) your breach of these Terms of Service or the documents incorporated herein, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification, with the understanding that failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim that imposes non-monetary obligations on you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including providing relevant documents.

SECTION 18: SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms together with our rights and obligations without your consent or notice to you.

SECTION 21: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction to which Benito Minimal belongs. You and Benito Minimal hereby submit to the jurisdiction of such courts.

SECTION 22: HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23: CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. You are responsible for checking our website periodically for changes. We will notify you of any material modifications to these Terms in accordance with applicable law, and such modifications shall take effect as of the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24: CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at benito.minimal@gmail.com.