Terms & Conditions

TERMS OF USE

Thank you for shopping at M. Gemi. These Terms of Use apply to our website (the “Site”), mobile applications and related services (collectively, the "Services"). The Services are provided by RCW, Inc. d/b/a M. Gemi ("M. Gemi" or "we," "us," "our" and similar references). By using the Services, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use and our Privacy Policy. If you do not agree with these Terms of Use and our Privacy Policy, you should not use the Services.

We may change, add or delete portions of these Terms of Use at any time on a going-forward basis at our sole discretion. It is your responsibility to check these Terms of Use for changes prior to use of the Services, and in any event your continued use of the Services following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will use reasonable efforts to notify you of any material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email or other means.

 

1.  Use of the Services.  You may use the Services only in accordance with and subject to these Terms of Use and our Privacy Policy (available here), which is incorporated herein by reference.  By using the Services, you represent that you are 18 years old or older and that all of the information, data and other materials you provide in connection with the Services are true, accurate, current and complete.  You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.  Use of the Services is void where prohibited by law.

 

2.  Purchases.

a. Order Processing.  Orders may only be placed using the Services for personal use and not for resale.  M. Gemi reserves the right, in its sole discretion, to not process or to cancel your order or to limit quantities.  For most orders, you will not be charged until your order ships from our warehouse. Custom moccasin orders are charged at the time your order is placed.   
b.  Taxes.  For M. Gemi’s Tax Policy, which may change from time to time, please click here.
c.  Shipping and Delivery.  For M. Gemi’s Shipping and Delivery Policy, which may change from time to time, please click here.
d.  Returns/Exchanges. For M. Gemi’s Return/Exchange Policy, which may change from time to time, please click here.
e.  Product Availability.  All offers of products as they are displayed via the Services are subject to availability.  M. Gemi reserves the right to change the items offered via the Services at any time and without notice.  The Services may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly.  If a product is not available for shipping promptly after your place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order.   M. Gemi shall not be liable if products are not in stock or otherwise not available.
f.  Product Descriptions.  M. Gemi uses reasonable efforts to display the products listed for sale via the Services as accurately as possible. However, M. Gemi does not warrant that product descriptions or other content are accurate, complete, reliable, current or error-free. If a product offered by M. Gemi is not as described, your sole remedy is to return it in accordance with these Terms of Use.
g.  Listed Price.  The pricing for all products available via the Services are in United States dollars and exclude taxes and shipping costs.  We strive to ensure all pricing information is correct.  If a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we reserve the right to not process or to cancel any orders placed for such product. 

 

3.  Additional Terms and ConditionsAdditional terms and conditions may apply to specific portions of the Services or products or services we offer, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of the Services or products or services we offer, the latter terms shall control with respect to your use of that portion of the Services or those products or services unless specifically noted below.  The following terms and conditions apply to the applicable features in connection with the Services:

a.  Gift Cards.  Gift Cards and their use, including provisions regarding loss, are subject to the Gift Card Terms and Conditions located here, as well as these Terms of Use and the Privacy Policy.
b.  Text Messages. If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is free from M. Gemi but charges from your carrier for text, data or other usage may apply and you are responsible for all such charges.
c.  “Make Some Room”.  For additional information about M. Gemi’s “Make Some Room” program, please click here.
d.  M. Gemi Application.  Your use of the M. Gemi Application is subject to the Licensed Application End User License Agreement (“EULA”) available here, except that Sections 11 and 12 of these Terms of Use shall control in the event of any conflict with any terms in the EULA.
e. Promotional Cards and Promotional Codes.  Promotional Cards, Promotional Codes and their use, including provisions regarding loss, are subject to the Promotional Card and Promotional Code Terms and Conditions located here, as well as these Terms of Use and the Privacy Policy.
f. Revised Referral Program.  Your use of the M.Gemi Referral Program is subject to additional terms and conditions, located here, as well as these Terms of Use and the Privacy Policy.
g. The Refresh. Your use of the M.Gemi The Refresh Program is subject to additional terms and conditions, located 
here, as well as these Terms of Use and the Privacy Policy. 

 

4.  Intellectual Property.

a.  Ownership.  The Services and all content available through the Services (including all intellectual property of any nature, whether registered or unregistered, including all text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) are the exclusive property of and owned by M. Gemi and its affiliates, and their respective licensors or content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.  You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained within the Services.  The “M. Gemi” trademark and all other M. Gemi related marks and logos, whether registered or not registered, displayed via the Services, as well as the domain name "MGemi.com," are and will remain the exclusive property of M. Gemi. Any reproduction, distribution, transmission, modification or use of any M. Gemi trademark for any purpose is prohibited.  You may not remove any copyright, trademark or other proprietary notice contained in the Services or any content contained therein.
b.  Limited License.  Subject to the terms and conditions of these Terms of Use, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying them via your internet browser or device only for the purpose of shopping for personal items sold via the Services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in writing in advance. Any breach of these Terms of Use shall immediately revoke the license granted in this paragraph without notice to you.
c.  Use Restrictions.  You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of M. Gemi or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use the Services to: (i) transmit via or through the Services any information, data, text, images, files, links or software except in connection with your authorized use of the Services or otherwise in response to specific requests for information by us; (ii) introduce to our Site or mobile applications or otherwise in connection with the Services any computer or website viruses, worms, Trojan horses and/or harmful code; (iii) obtain unauthorized access to any computer system; (iv) impersonate any other person, including but not limited to, a registered user of the Services or an employee of M. Gemi; (v) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (vi) misrepresent the identity of a user or use a false e-mail address; (vii) tamper with or obtain access to our Site or mobile applications or any component of any of them; (viii) conduct fraudulent activities; or (ix) collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
d.  Content You Submit.  You agree that any and all feedback, reviews, suggestions, designs, concepts, photographs, testimonials and other items or materials (except for your personal information which is handled in accordance with the Privacy Policy) disclosed or submitted to M. Gemi through the Services or by other means ("Submissions") are neither confidential nor proprietary to you and may be used by M. Gemi without restriction or compensation.  By making a Submission to M. Gemi, you grant to M. Gemi a nonexclusive, royalty-free, perpetual, irrevocable, assignable license to use, reproduce, modify, publish, translate, create derivative works from, distribute, display and otherwise fully exploit such Submission worldwide in any media for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person.  You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you are and shall remain solely responsible for the content of any Submission you make.  You agree that M. Gemi is under no obligation to review or use any Submission (including any messages) posted on or sent through the Services by you or any third party and assumes no responsibility or liability relating to any such Submission. M. Gemi, in its sole discretion, may monitor, not post or remove any Submission.

 

 

5.  Claims of Copyright InfringementM. Gemi respects the intellectual property of others, and we ask our users to do the same.  M. Gemi may, at its discretion, disable and/or terminate the accounts of users of the Services who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide M. Gemi with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent at the address below):

a.  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b.  a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c.  identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Services;
d.  your address, telephone number, and, if available, email address;
e.  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f.  a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf

M. Gemi’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o M. Gemi
401 Park Drive, 9th Floor
Boston, MA  02215
USA

By email:
assistant@mgemi.com

M. Gemi may update this contact information from time to time without notice to you. We will post the current contact information on this Site.

 

6.  Unavailability of Services; Termination; Fraud.  We may alter, suspend or discontinue these Services in whole or in part, at any time and for any reason, without notice or cost. In addition, the Services may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Services or your account, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Services or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship or recall from the shipper any order if fraud is suspected.

 

7.  LinksThe Services may contain links to other websites on the Internet that are owned and operated by third parties.  Such links should not be interpreted as an express or implied endorsement of such third party websites or any products or services that may be offered thereon.  You acknowledge that we have no liability or responsibility for the content or availability of such websites, the products or services available thereon or otherwise in connection with such third party websites, products or services.  Please review the terms and conditions that may be imposed by such websites, as they may be different from these Terms of Use.

 

8.  International AccessThe Services may be accessed from countries other than the United States. The Services may contain products or references to products that are not available outside of the United States.  Any such references do not imply that such products will be made available outside the United States.  If you access and use the Services outside the United States you are responsible for complying with your local laws and regulations.

 

9.  Disclaimer; Limitation of LiabilityEXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE, OR REQUIRED BY APPLICABLE LAW, M. GEMI MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE OR NON-INFRINGEMENT OF THE SERVICES, ANY CONTENT ON THE SERVICES OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  M. GEMI DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES WILL BE SECURE; THAT THE SERVICES OR ANY SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICES WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND.

IN NO EVENT SHALL M. GEMI OR TEAM LAUNCH, LLC, OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, DIVISIONS OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES (COLLECTIVELY, THE “RELEASEES”) BE LIABLE TO YOU, ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICES, ANY CONTENT OR INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY M. GEMI OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ANY RELEASEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE RELEASEES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO M. GEMI IN CONNECTION WITH THE APPLICABLE PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE RELEASEES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF M. GEMI.  If, notwithstanding the provisions of these Terms of use, ANY RELEASEE is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the SERVICES, ANY CONTENT ON THE SERVICES OR ANY PRODUCT OR SERVICES PURCHASED THROUGH THE SERVICES, SUCH RELEASEE’s liability shall in no event exceed US$100.00. 

Because some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such jurisdictions some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

 

10.  IndemnificationBy using the Services, you agree to indemnify, hold harmless and defend the Releasees from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Services; (ii) your breach of the Terms of Use; (iii) your violation of any law or the rights of a third party; or (iv) your Submissions. You agree to cooperate as fully as reasonably required in the defense of any claim. M. Gemi or the applicable Releasee reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the Releasees.

 

11.  Arbitration.

a.  General.  By using the Services, you agree that, except as specifically set forth below, all controversies, disputes, demands, counts, claims or causes of action between you and any Releasee arising out of, under or related to these Terms of Use, your use of the Services or the purchase or sale of any products or services via the Services (“Claims”) will be settled exclusively through binding arbitration. YOU AND M. GEMI ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR M. GEMI'S INDIVIDUAL CAPACITY AND IN SO DOING YOU AND M. GEMI HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, TO ASSERT OR PARTICIPATE IN A PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. 
b.  Process.  Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law.  The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”).  Except as modified by these Terms of Use, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”). The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Unless your claim is valued at more than $75,000, M. Gemi waives the right to recover an award of attorney's fees and expenses against you.  You agree that, except to the extent prohibited by applicable law, regardless of any statue or law to the contrary, any Claim you have must be commenced within one (1) year after the Claim arises.  For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
c.  Location of Arbitration.  Arbitration may be initiated in either Massachusetts or the county in which you reside. In the event that you select the county of your residence, M. Gemi or the applicable Releasee may transfer the arbitration to Massachusetts if it agrees to pay any additional fees or costs you incur as a result of the change in location in such amounts as determined by the arbitrator.
d.  Exceptions.  Notwithstanding anything to the contrary in this Section 11, either you or M. Gemi may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secret will not be subject to this arbitration provision. Any dispute not subject to arbitration will be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts located in Boston, Massachusetts. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures will not be deemed a waiver of the right to arbitrate.

 

12.  Governing LawThese Terms of Use (together with the Privacy Policy) and any Claims shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

 

13.  NoticeWe may give notice to you by email, a posting on the Site or other reasonable means. You must give notice to us in writing via email to assistant@mgemi.com or as otherwise expressly provided.

 

14.  MiscellaneousThese Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. The paragraph headings in these Terms of Use are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. Sections 1 – 4 and 7 – 14 will survive the expiration or termination of these Terms of Use or your right to use the Services for any reason.

Please report any violations of these Terms of Use to assistant@mgemi.com.

Last updated November 11, 2015

 

GIFT CARD TERMS AND CONDITIONS

Updated - March 18, 2015

The following Terms and Conditions, together with M. Gemi’s Terms of Use, govern the use of M. Gemi Gift Cards:

1.  No fees are imposed on Gift Cards, and if purchased, they do not expire.

2.  Certain Gift Cards that are not purchased are considered Promotional Cards, and the terms and conditions may vary. Promotional Cards may have an expiration date, as indicated at the time of issuance.

3.  Gift Cards can only be redeemed at the M. Gemi website toward the purchase of products available thereon. They cannot be applied to any orders previously placed or be redeemed for other Gift Cards.

4.  Gift Cards are non-transferable and may not be returned or redeemed for cash (except as required by law).

5.  If your order total is less than the value of the Gift Card, the remaining balance will continue to be available on the Gift Card and can be redeemed against subsequent orders.  You may check your Gift Card balance on the M. Gemi website or by calling customer assistance.

6.  To redeem a Gift Card you must enter the Gift Card information during checkout.

7.  All remaining balances exceeding the value of your  Gift Card must be paid by another Gift Card, credit card or debit card.

8.  If you return any item you purchased using a Gift Card, the amount paid using a Gift Card will be issued to you on a new Gift Card and will be eligible for redemption against subsequent orders.  You may check your Gift Card balance on the M. Gemi site.

9.  Electronic Gift Cards will be emailed to the recipient after payment has been processed, and physical Gift Cards will be shipped in accordance with our Shipping and Delivery Policy.  A confirmation will also be sent to the purchaser. 

10.  Delivery of an electronic Gift Card to an incorrect or non-existent email address is the sole responsibility of the purchaser.  Delivery of a physical gift card to an incorrect or non-existent shipping address is the sole responsibility of the purchaser.  We are not responsible if a Gift Card is lost, stolen, destroyed or used without permission.  Gift Cards will not be replaced if lost or stolen without proper proof of purchase. Please treat them like cash.

11.  Sales tax and shipping charges are applicable to any items purchased with a Gift Card. 

12.  We reserve the right to refuse, cancel or hold for review Gift Cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination, or for other violations of gift card policies.

13.  Please note that Promotional Cards are not gift cards, and the terms and conditions may vary.  Promotional Cards may have an expiration date, as indicated at the time of issuance.

 

PROMOTIONAL CARD AND PROMOTIONAL CODE TERMS AND CONDITIONS

UPDATED - October 12, 2015

The following Terms and Conditions, together with M. Gemi’s Terms of Use, govern the use of M. Gemi Promotional Cards and Promotional Codes ("Promotion"):

1.  No fees are imposed on Promotions.

2.  Promotions may have an expiration date, as indicated at the time of issuance.

3.  Promotions can only be redeemed at the M. Gemi website toward the purchase of products available thereon. They cannot be applied to any orders previously placed or be used toward the purchase Gift Cards.

4.  Promotions are non-transferable and may not be returned or redeemed for cash (except as required by law).

5.  If your order total is less than the value of the Promotion, the remaining balance will continue to be available on the Promotion and can be redeemed against subsequent orders. You may check your Promotion balance on the M. Gemi website or by calling customer assistance.

6.  To redeem a Promotion you must enter the Promotion information when prompted during checkout. Additional restrictions may apply, as indicated at the time of issuance.

7.  All remaining balances exceeding the value of your Promotion must be paid by another acceptable form of payment (Gift Card, credit card or debit card).

8.  If you return any item you purchased using a Promotion, the amount paid using a Promotion will not be reissued to you and will not be eligible for redemption against subsequent orders. You may check your Promotions balance and availability on the M. Gemi site.

9.  Delivery of an electronic Promotion to an incorrect or non-existent email address is the sole responsibility of the purchaser. Delivery of a physical Promotion to an incorrect or non-existent shipping address is the sole responsibility of the purchaser. We are not responsible if a Promotion is lost, stolen, destroyed or used without permission. Promotions will not be replaced if lost or stolen. Please treat them like cash.

10.  Sales tax and shipping charges are applicable to any items purchased with a Promotion.

11.  We reserve the right, in our sole discretion, to refuse, modify, cancel or hold for review any Promotion and orders for suspected fraud, for Promotions mistakenly issued in an incorrect denomination, or for other violations of the Promotion policies, in whole or in part for any reason or no reason to the extent permitted by law. If we suspect misuse of a Promotion, it may be suspended or terminated.

12.  Please note that Promotions are not Gift cards, and the terms and conditions may vary. Promotions may have an expiration date, as indicated at the time of issuance.

 

THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND D.C. (EXCLUDING, WITHOUT LIMITATION, ALL US TERRITORIES) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH) YOU MUST BE AT LEAST 18 YEARS OF AGE AND THE AGE OF MAJORITY. INTERNET ACCESS REQUIRED.

M.GEMI “Drop a Hint” Sweepstakes
Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.

1. Sweepstakes Period: The “Sweepstakes Period” starts November 27, 2015, 12:00:01 pm, Eastern Time (“ET”), (“Sweepstakes-Start”) and ends December 19, 2015, 11:59:59 am, ET ("Sweepstakes End”). The Sweepstakes Period will consist of three (3), separate weekly drawings (“Weekly Drawing”). You must enter in a specific Weekly Drawing to be eligible to win in that Weekly Drawing. Entries from one week are not rolled over to subsequent weeks.

Weekly Drawing periods will be:

  Entry Start Date
12:01:01 am
Entry End Date
11:59:59 pm
Drawing and
Announcement Date
Approx. 9:00 pm ET
Week 1 11/27 12/5 12/6
Week 2 12/3 12/12 12/13
Week 3 12/10 12/19 12/20

2. Eligibility: You may enter the Sweepstakes if you are a legal resident of the 50 United States or D.C. (void in all overseas U.S. territories, possessions, commonwealths and military installations), 18 years of age or older and the age of majority in your state of residence at the time of entry. Void where prohibited, licensed, restricted or taxed. Employees, officers, directors, agents and representatives and their immediate families (spouse, parents, children, siblings and each of their spouses regardless of where they live) or members of households of RWC, Inc. d/b/a mgemi.com (“Sponsor”) and TMACO, LLC d/b/a THE MARKETING AGENCY (“Administrator”) and their respective parent companies, subsidiaries, advertising, design, web design, web hosting and promotion and publicity agencies and anyone connected with the production or distribution of this Sweepstakes (collectively the “Sweepstakes Entities”), Instagram, Inc. (“Instagram®”) and anyone connected with the wholesale or retail distribution of shoes and/or boots are not eligible to enter or be awarded a prize.

3. How to Enter: This Sweepstakes is entered only via the Internet during the Sweepstakes Entry Period: The theme is “Drop a Hint.” You have complete creative freedom to write a hint for someone special in your life and take a photo of it or take any photo that conveys your “Drop a Hint” message.

i. Sign in to your Instagram account. If you do not have an Instagram account, you may sign up free at instagram.com.
ii. Upload the photo you created according to Instagram instructions. Entries may not exceed the size/type limitation as specified by Instagram.
iii. Add @mgemi, #dropahint, #sweepstakes, #lovemgemi and tag one (1) of your friends if you have one on Instagram (optional: tap Tag People from the Share screen).
iv. Make your photo "Public" and you will receive one (1) entry.

Limit of one (1) entry per Weekly Drawing per person or Instagram handle.

In the case of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed submitted by the authorized user of the Instagram handle shown with the entry. Entries must be sent electronically during the Sweepstakes Period and received by Saturday at 11:59:59 pm, ET of one of the three (3) Weekly Drawings (see schedule in #1, above), Entries must: (i) be original; (ii) be created solely by entrant and only show entrant and not anyone else; (iii) have not won awards or Sweepstakes; and (iv) not infringe on the rights of any third party or trademark. Entries may not contain references to commercial or copyrighted/trademarked products or creations (except Sponsor’s for which you are granted a limited use license) or, without limitation, pornography, lewd or inappropriate activities, sexual or racial slurs or connotations, offensive language, obscenities or any material that would be offensive to a group or to an individual. SPONSOR RESERVES THE RIGHT NOT TO CONSIDER AND DISQUALIFY ANY ENTRY IT DEEMS, IN ITS SOLE, SUBJECTIVE DETERMINATION, TO BE INAPPROPRIATE AND WILL NOT ENGAGE IN ANY FORM OF COMMUNICATION OR DISCUSSION ABOUT ANY SUBMISSION. ALL DECISIONS OF THE SPONSOR ARE FINAL AND CANNOT BE APPEALED. This promotion is in no way sponsored, endorsed, administered by or associated with Instagram. You understand that you are providing your information to Sponsor and the Administrator and not to Instagram. By using your Smartphone to upload a photo, message and data rates may apply depending on your plan (check with your carrier) and this method may not work on all phones or on all carriers.

4. Submission Limitations and Rights: By entering this Sweepstakes, you explicitly (i) certify that you meet the eligibility requirements as set forth in these Official Rules; (ii) grant to the Sponsor the right to use and publish the submitted entry in all media, including, but not limited to, online displays, television, cable, video productions, wireless applications and other media channels and applications, known and unknown, and for advertising, promotions, other Sweepstakes sponsored by the Sponsor and other purposes, without further consent or compensation, unless prohibited by law; (iii) represent and warrant that you have the right to grant to Sponsor the rights in the submitted Entry; (iv) certify that you are not affiliated with any commercial talent unions or guilds; (v) represent and warrant that you have not used or referenced any licensed material or any material owned or controlled by someone other than you in your submission, including, without limitation, graphics, trademarks or artwork as they may apply; (vi) represent and warrant that your submission is your sole and original work and you have not copied or plagiarized the content or the concept from other material; (vii) to the extent applicable in relation to the entry, hereby waive and agree not to assert any moral rights in and in connection with the entry.

5. Winner Selection: Each week during the Sweepstakes Period one (1) one potential winner will be selected in random drawings from all eligible entries received from 12:01:01 am on the Sunday of the Weekly Drawing in question to 11:59:59 pm ET on the Saturday of the Weekly Drawing in question. The potential winner’s Instagram handle will be posted the next day, Sunday, at approximately 9:00 pm ET @mgemi on Instagram. In addition, Sponsor will send a direct message to the potential winner’s Instagram account. Potential winner will need to send her/his email address, complete name and mailing address to Sponsor within five (5) days. Failure to do so in a timely manner will cause the prize to be forfeited for all time and an alternative potential winner will be selected in random drawings. A potential winner who responds properly in a timely manner will receive an Affidavit of Eligibility, Liability and (where legal) Publicity Release to complete and return via fax/scan, according to the instruction that accompany, within three (3) business days. Hard copy will be required to be mailed to be received within 10 days of fax/scan event above. Failure to do so in a timely manner will cause the prize to be forfeited for all time and an alternative potential winner will be selected in random drawings. It is an entrant’s responsibility to monitor her/his Instagram mail account and @mgemi on Instagram to see if s/he is a potential winner. Should a greater number of prize claims be received or notices sent out because of messaging, posting, emailing, mailing or programming errors or for any reason whatsoever, only the number of prizes stated in these Official Rules and their values will be awarded in Administrator’s sole discretion in accordance with the Official Rules.

6. Quantity, Prize, Approximate Retail Value (“ARV”): (3) Grand Prize — one (1) per Weekly Drawing: A “Year Supply of Shoes” awarded as 12 monthly promotion codes. Each monthly promotion code will be good for the purchase of one (1) pair of shoes, valued up to $400. One (1) promotion code will be valid for each of 12 consecutive months. ARV: Up to $4,800. Should the value of the pair of shoes chosen in any one month be less than $400, the difference will be forfeited and will not be awarded in cash or kind. Entrants acknowledge that the prizes are awarded “as is” and that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for any representation or warranty, expressed or implied, in fact or in law, relative to a prize or regarding the use, value or enjoyment of the prize. All prizes will be awarded if properly claimed according to the Official Rules and if there are sufficient entries.

7. General: Sweepstakes administration and verification will be supervised by the Administrator. By participating in this Sweepstakes, you agree to be bound by these Official Rules, Sponsor’s Terms & Conditions and privacy policies and the decisions of the Sponsor and the Sweepstakes Administrator. Sponsor and Instagram are not responsible for lost, late, misdirected, incomplete or garbled entries; for those who cannot access the Internet or cannot click-through to Instagram for any period of time or for entry information that is not captured correctly, or for any technical, hardware, software, telephone, Internet, virus contamination, network, human error, including errors by Sponsor’s or Instagram’s employees/agents in handling information, electronic malfunctions, force majeure or any other problems and for delay, failure or malfunction for any reason. Sponsor assumes no liability for damage caused to entrant’s or any other person’s/entity’s computer hardware, software or communications network, regardless of cause. Entries must be made by an individual from a stand-alone computing device and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program nor may you enter with multiple emails and/or multiple identities nor may you use any other device or artifice to obtain more than the maximum number of entries. Entries made from trade, consumer groups or third parties will not be accepted. All discovered entries made in violation of these Official Rules will be discarded. Sponsor reserves the right to terminate/cancel or modify Sweepstakes or disqualify any entrant if, in Sponsor’s sole judgment, it determines that the integrity or fairness of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure or any other cause. Should this Sweepstakes be terminated/cancelled, a potential winner will be selected by the Administrator from all non-suspect, eligible entries submitted in the week of cancelation/termination up to the time of cancellation/termination. Further drawings will not take place.

8. By entering this Sweepstakes, an entrant explicitly releases, discharges and holds harmless the Sweepstakes Entities and Instagram and their respective shareholders, successors, estates and assigns, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, third party claims, judgments, injuries, death, fines, penalties, losses, costs, expenses and demands whatsoever in law or equity, including all attorney or “expert” fees or costs, which you now have or may acquire, by reason of any personal injury, death, loss of or damage to others or to property, or any reason, occurring during or arising out of the Sweepstakes, your participation or inability to participate in the Sweepstakes; the acceptance, possession, travel related to, defect of, use, and/or inability to use or misuse the prize and any elements thereof. By accepting a prize, a winner waives the right to (i) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and (ii) claim any liability (including attorney's and/or “experts” fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). The right to receive the prize is non- assignable and non-transferable and no prize substitution, transfer, cash equivalent or exchange will be allowed except by Sponsor. A prize that is returned as undeliverable will disqualify the winner.

9. All federal, state and local laws and regulations apply. If any provision of the Sweepstakes shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All taxes are winners’ responsibility.

10. Sweepstakes Entities, Instagram and all production and hosting agencies shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules. This Sweepstakes is conducted in American English.

11. All entries submitted become the property of Sponsor and none will be acknowledged. Sponsor and Administrator collect personal information from you when you enter the Sweepstakes. The information collected is subject to the Sponsor’s Privacy Policy, which can be found by clicking http://mgemi.com/terms-conditions.html and Administrator’s Privacy Policy found at http://www.themarketingagency.com/html/privacyPolicy.html. By participating in the Sweepstakes, entrants hereby agree to Sponsor's and Administrator’s collection and usage of their personal information according to their privacy policies and acknowledge that they have read and accepted Sponsor's/Administrator’s privacy policy.

12. Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Suffolk County, Massachusetts, USA, and all entrants agree to Suffolk County as the venue for any legal action without regard to conflict of laws doctrine. Some jurisdictions will not recognize the exclusive jurisdiction of the Courts of Massachusetts or allow the limitation or exclusion of liability for incidental or consequential damages, in which case the above clause on jurisdiction and limitation may not apply to you.

13. For a final winners list, available on or about January 15, 2016, go to @mgemi on Instagram or mgemi.com. Winners will remain on the site for at least one (1) month.

Final winners:
@annika_wynne
@heather02127
@trendyonabudget

14. This Sweepstakes is sponsored by RWC, Inc, 401 Park Drive, 9th Floor, Boston, MA 02215 and administered by The Marketing Agency, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306.

 

SHIPPING AND DELIVERY POLICY

UPDATED - October 26, 2015

M. Gemi’s Shipping and Delivery Policy, which is which is incorporated into M. Gemi’s Terms of Use, is as follows:

1.  Shipping Method.  As part of the order procedure, you will be asked to select your preferred shipping method, and your shipping cost, if any, will depend on the method you select.  We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the site before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered. 

Most items will ship via common carrier (such as UPS, FedEx, or USPS) and require a valid shipping address. Some carriers generally will not ship to a P.O. Box or military address.

 

2.  Shipping Costs and TimingDuring the ordering procedure, we will inform you of the estimated time required for delivery and the various forms of delivery available for the goods purchased.  We provide free shipping on standard ground service to most destinations in the United States.

In some cases, certain delivery options may not be available, may require additional shipping fees or may take longer.  Items subject to these additional shipping and delivery charges will be displayed during the ordering procedures and may not be eligible for any reduced or free shipping offers. 

All orders placed before 5pm ET on business days for product in our warehouse will ship the same day. If such orders are placed after 5 pm ET, the order will ship on the next business day. This excludes any order designated a “Pre-Order”. Additionally, orders for physical Gift Cards will ship within 24 hours if placed on a business day, or on the next business day. For “Pre-Order” items that are not yet at our warehouse or available for delivery, you will be notified by email when the item is processed and shipped. A tracking number will be emailed to you when your order ships. This tracking number will allow you to check on the delivery status of your order.  Please be advised that deliveries are not  typically made on weekends or holidays.

If your order or a part of your order is not able to ship without material delay for any reason, Customer Service will contact you to provide more detail and an estimated shipping date. 

 

RETURN/EXCHANGE POLICY

UPDATED - January 4, 2016

M. Gemi’s Return/Exchange Policy, which is incorporated into M. Gemi’s Terms of Use, is as follows:

1.  Eligibility.  Unless otherwise noted, at the time of purchase, you may return or exchange any product purchased via the Services for a refund or credit (see Section 3 below).  Gift Cards cannot be returned. You must return or exchange any eligible item within fourteen (14) calendar days of the delivery date.  All items for return or exchange must be in their original condition, unused, unwashed, unaltered and undamaged.  Items must be in the original packaging (including, if possible, the original delivery box) and be accompanied by the original invoice. 

2.  Process.  To return an eligible item, login to your account to provide a reason code and then utilize the preprinted and prepaid return label that was included in your order documentation.  You may also request a return label by contacting Customer Service at assistant@mgemi.com.   

3.  Returns.  After your item is received and inspected, in most cases your refund will be processed and a credit will be automatically applied to your credit card or original method of payment. For returns related to products purchased during certain events, such as private sale events, your refund may be credited in the form of an electronic gift card, as noted at the time of purchase. Depending on your credit card company, it may take an additional 2-10 business days after your credit is applied to post to your account. Items that have been returned for a refund to your original form of payment will be refunded at the original purchase price plus applicable sales tax (if any). If a Gift Card was utilized in the original purchase, we will issue a new Gift Card for the value of the return refund. If the credit card used in connection with the purchase is expired or invalid, the refund will transfer over to your new card if it is with the same bank. If this is not possible, we will issue a check to the billing address on the credit card.

4.  Exchanges.  To exchange the same item for a different size or color, login to your account to process and pay the exchange. We will ship your new item in accordance with our Shipping and Delivery Policy. Return your exchanged item as outline in Section 2 & 3 above. For all other exchanges, please contact Customer Service at assistant@mgemi.com or 844-574-GEMI (4364). 

 

TAX POLICY

UPDATED - March 18, 2015

M. Gemi’s Tax Policy, which is which is incorporated into M. Gemi’s Terms of Use, is as follows:

We charge and collect state, local and county taxes for online transactions based on shipping address and as required by applicable laws and regulations.  An estimate of these taxes will be provided during the ordering process and the actual sales tax (if any) will be calculated when your order is shipped and may vary from the estimated tax. 

Applicable taxes will be applied to orders shipped to any location where we are required to collect taxes.  If we are not required to collect taxes, it is your responsibility to determine and pay any use taxes or similar taxes.  You cannot assume that your purchase is exempt merely because it is made over the internet.

No sales tax is charged when purchasing gift cards; however, purchases paid for with gift cards may be subject to tax.
 

 

REVISED REFERRAL PROGRAM TERMS AND CONDITIONS

UPDATED – July 8, 2016

These M.Gemi Referral Program Terms and Conditions are in addition to the M.Gemi Terms of Use to which you also agree by using the M.Gemi. To the extent the M.Gemi Terms of Use are inconsistent with these terms, these terms will control with respect to the M.Gemi Referral Program only. To the extent the Terms of Use are inconsistent with these terms, these terms will control with respect to the M.Gemi Referral Program only.

In order to be eligible for a Referral Credit, as defined below, the following conditions must be met with respect to two (2) referred customers:

1.  You must have a valid customer account on the M.Gemi website

2.  The referred customer must click on your link and must place an order on the M.Gemi website within 90 calendar days from your order date, and

3.  The referred customer must not cancel the order prior to shipment and the order must not be returned or refunded within the return period allowed by M.Gemi.

4.  The referred customer who purchased must be a new (and not a returning or existing) M.Gemi customer. M.Gemi will determine in our sole discretion whether the customer is new to M.Gemi.

After all referral conditions are met and inspected, in most cases, a Referral Credit equal to $250.00 of merchandise value  will be processed.  In most cases a promotional code or promotional gift card will be automatically be sent to the referrer within 30 days after the above conditions have been met... All promotional codes or M.Gemi gift cards issued as part of the M.Gemi Referral Program are considered promotional cards. Such promotional cards will be valid for redemption for 1 year from issuance. See the Gift Card Terms for additional details.

Participation in the M.Gemi Referral Program may require you to submit personal information about you and the customers you refer, such as name and email address. You agree to receive communications from us with regard to your participation in the M.Gemi Referral Program, and to allow us to communicate with your friends about your participation (for example, by disclosing to your friends that an invitation was sent by you). Any information collected from you or your referred customers as part of the M.Gemi Referral Program will be subject to M.Gemi's Privacy's Notice .

If you participate in an M.Gemi marketing program, you may not be eligible to receive a Referral Credit for any transaction for which you receive fees.

We may terminate your eligibility to earn a Referral Credit or terminate your account, or the accounts of M.Gemi customers you refer, if you or they take any of the following actions:

1.  Open multiple accounts, including with different e-mail addresses, for the same person in order to generate additional Referral Credits;

2.  Refer customers using spam, display advertising, sponsored links, unsolicited e-mails, or links on message boards or forums.

3.  Use false names, impersonate other people, or otherwise provide false or misleading information to us;

4.  Offer incentives to others who register new accounts;

5.  Violate these terms or any other terms and conditions on the M.Gemi website; or

6.  Participate in the M.Gemi Referral Program where doing so would be prohibited by any applicable law or regulations.

You are limited in the way you may talk/write about the Program.  You understand that for any communications you send you are sending them on your own behalf.  You are not acting as an agent of M.Gemi nor will you be deemed an employee of M.Gemi.  As such, while you can and should include your personal link in communications about the Program, you must not, without M.Gemi’s written permission, include any M.Gemi trademarks or other M.Gemi materials in your communications about this Program.  The content of all of your communications about this Program must be yours alone.  Do not misrepresent or embellish your relationship with M.Gemi or write, say or post anything you know is untrue or may be misleading. And, if someone has asked you to stop sending them messages about M.Gemi, respect that wish.

We reserve the right in our sole discretion at any time and without prior notice to you to add to, remove or otherwise change these terms, including without limitation: changing the amount of the Referral Credit, modifying how you may earn and spend Referral Credits, modifying the duration and expiration of Referral Credits, requiring minimum purchase amounts for use of credit eligibility, instituting maximum amount of referral credits that you may earn, and discontinuing the M.Gemi Referral Program entirely. We will post an updated version of these terms on the M.Gemi website, and you will be deemed to have accepted such changes by continuing to use the M.Gemi website or the M.Gemi Referral Program after the date such changes are posted.

By participating in the Program, you agree that M.Gemi will have no liability and that you will indemnify and hold M.Gemi harmless for any claim, action, liability, loss, injury or damage to you or any other person or entity due in whole or in part, directly or indirectly, by reason of your participation in the Program. You will not settle any claim without the prior written consent of M.Gemi.  Further, you agree that M.Gemi is not responsible for faulty referral links, any error, omission, interruption, defect or delay in transmission, order processing, or communication; technical or mechanical malfunctions; errors in these terms, in any Program-related materials; human-processing error; failures of electronic equipment, computer hardware or software; damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise.  UNDER NO CIRCUMSTANCES WILL M.GEMI BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE PROGRAM.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

 

REFERRAL PROGRAM TERMS AND CONDITIONS (SUPERCEDED)

UPDATED - July 8, 2016

This program was terminated on July 8, 2016 and superseded by the Revised Referral Program Terms and Conditions above, however we honor any eligible Referral Credits as defined within these terms. 

 

These M.Gemi Referral Program Terms and Conditions are in addition to the M.Gemi Terms of Use to which you also agree by using the M.Gemi. To the extent the M.Gemi Terms of Use are inconsistent with these terms, these terms will control with respect to the M.Gemi Referral Program only. To the extent the Terms of Use are inconsistent with these terms, these terms will control with respect to the M.Gemi Referral Program only.

In order to be eligible for a Referral Credit, as defined below, the following conditions must be met with respect to three (3) referred customers:

1.  You must have a valid customer account on the M.Gemi website

2.  The referred customer must click on your link and must place an order on the M.Gemi website within 90 calendar days from your order date, and

3.  The referred customer must not cancel the order prior to shipment and the order must not be returned or refunded within the return period allowed by M.Gemi.

4.  The referred customer who purchased must be a new (and not a returning or existing) M.Gemi customer. M.Gemi will determine in our sole discretion whether the customer is new to M.Gemi

After all referral conditions are met and inspected, in most cases,  a Referral Credit equal to the merchandise value of the highest valued pair of shoes in your order will be processed.  In most cases a credit will be automatically applied to your credit card or original method of payment within 30 days after the above conditions have been met . In some cases, we may not be able to, or choose not to, process a credit to your original form of payment. In such cases, we will issue you an M.Gemi gift card for the equivalent amount. For orders related to products that you have returned in accordance with the M.Gemi return policy, we will issue you an M.Gemi gift card for the equivalent amount.. All M.Gemi gift cards issued as part of the M.Gemi Referral Program are considered promotional cards. Such promotional cards will be valid for redemption for 1 year from issuance. See the Gift Card Terms for additional details. Depending on your credit card company, it may take an additional 2-10 business days after your credit is applied to post to your account.

Participation in the M.Gemi Referral Program may require you to submit personal information about you and the customers you refer, such as name and email address. You agree to receive communications from us with regard to your participation in the M.Gemi Referral Program, and to allow us to communicate with your friends about your participation (for example, by disclosing to your friends that an invitation was sent by you). Any information collected from you or your referred customers as part of the M.Gemi Referral Program will be subject to M.Gemi's Privacy's Notice .

If you participate in an M.Gemi marketing program, you may not be eligible to receive credits for any transaction for which you receive fees.

We may terminate your eligibility to earn a Referral Credit or terminate your account, or the accounts of M.Gemi customers you refer, if you or they take any of the following actions:

1.  Open multiple accounts, including with different e-mail addresses, for the same person in order to generate additional Referral Credits;

2.  Refer customers using spam, display advertising, sponsored links, unsolicited e-mails, or links on message boards or forums.

3.  Use false names, impersonate other people, or otherwise provide false or misleading information to us;

4.  Offer incentives to others who register new accounts;

5.  Violate these terms or any other terms and conditions on the M.Gemi website; or

6.  Participate in the M.Gemi Referral Program where doing so would be prohibited by any applicable law or regulations.

You are limited in the way you may talk/write about the Program.  You understand that for any communications you send you are sending them on your own behalf.  You are not acting as an agent of M.Gemi nor will you be deemed an employee of M.Gemi.  As such, while you can and should include your personal link in communications about the Program, you must not, without M.Gemi’s written permission, include any M.Gemi trademarks or other M.Gemi materials in your communications about this Program.  The content of all of your communications about this Program must be yours alone.  Do not misrepresent or embellish your relationship with M.Gemi or write, say or post anything you know is untrue or may be misleading. And, if someone has asked you to stop sending them messages about M.Gemi, respect that wish.

We reserve the right in our sole discretion at any time and without prior notice to you to add to, remove or otherwise change these terms, including without limitation: changing the amount of the Referral Credit, modifying how you may earn and spend Referral Credits, modifying the duration and expiration of Referral Credits, requiring minimum purchase amounts for use of credit eligibility, instituting maximum amount of referral credits that you may earn, and discontinuing the M.Gemi Referral Program entirely. We will post an updated version of these terms on the M.Gemi website, and you will be deemed to have accepted such changes by continuing to use the M.Gemi website or the M.Gemi Referral Program after the date such changes are posted.

By participating in the Program, you agree that M.Gemi will have no liability and that you will indemnify and hold M.Gemi harmless for any claim, action, liability, loss, injury or damage to you or any other person or entity due in whole or in part, directly or indirectly, by reason of your participation in the Program. You will not settle any claim without the prior written consent of M.Gemi.  Further, you agree that M.Gemi is not responsible for faulty referral links, any error, omission, interruption, defect or delay in transmission, order processing, or communication; technical or mechanical malfunctions; errors in these terms, in any Program-related materials; human-processing error; failures of electronic equipment, computer hardware or software; damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise.  UNDER NO CIRCUMSTANCES WILL M.GEMI BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE PROGRAM.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

THE REFRESH TERMS AND CONDITIONS

UPDATED – May 17, 2016

The following Terms and Conditions, together with M. Gemi’s Terms of Use, govern the use of the M. Gemi The Refresh Program. This program provides for an order discount when purchasing and keeping multiple items “Refresh”.

  1. 1. The order level discount amount applied on the full order value is displayed at checkout.
  2. 2. If you return any item you purchased using the Refresh, the refund amount will be net of the order level discount. See Return/Exchange Policy for additional information on refunds.

Privacy & Usage Policy

M. GEMI PRIVACY POLICY

Last Updated:  February 23, 2015

 

Thank you for using the M. Gemi website, application and/or other online services (collectively, the “Services”) operated by RCW, Inc. d/b/a M. Gemi (“M. Gemi”). 

We respect your privacy and want to protect your personal information, as set forth in this Privacy Policy.  You agree that by using the Services you acknowledge that you have read and consent to the collection, use and sharing of your information in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you should not use the Services.  This Privacy Policy does not apply to websites not operated by M. Gemi, including any to which the Services link or which link to the Services.

 

1.  INFORMATION COLLECTED

a.  User Provided Information.  We may collect and store any personal information you enter on our site or provide to us in some other manner. This includes identifying information, such as your name, address, email address, telephone number, billing and shipping addresses and financial information such as your payment method (valid credit card number, type, expiration date or other financial information).  In addition, if you choose to use certain features of the Services, we may require you to provide additional personal information such as shopping preferences and demographics. 

We may also collect and store personal information that you provide to us about other people.  If you use our Services to send others (friends, relatives, colleagues, etc.) a gift card, a product as a gift, information that may interest them or messages (such as invitations) through our system, we may store your personal information and the personal information of each such recipient.

b.  Automatically Collected Information.  We automatically collect information from your browser when you visit our site. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us and the referring website address.  If you use our mobile applications, this may include information such as geo-location data, device information for the mobile device on which the mobile application is installed and other information that you have consented to permit your mobile device or application to share with us.

When you visit our site, we may assign your computer one or more cookies to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click and the searches you conduct on our site. 

We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in email messages or newsletters to determine whether messages have been opened and acted upon.

We may use third-party advertising companies to help tailor content or to serve ads on our behalf. These companies may employ cookies and web beacons to measure advertising effectiveness (such as which web pages are visited or what products are purchased and in what amount). Any information that these third parties collect via cookies and web beacons is not linked to any personal information collected by us.

c.  Information from Other Sources.  We may also periodically obtain both personal and non-personal information about you from our affiliate Team Launch, LLC (“Launch”) and its affiliates, as well as from our business partners, contractors and other third parties, and we may add such information to our account information or other information we have collected.  In addition, if you access the Services using log-in credentials from another website (for example, Google or Facebook), we may obtain both personal and non-personal information from such other website.

We also use advanced analytics service providers, such as Inspectlet, to analyze how you interact and engage with our Service so we can learn and make enhancements to offer you a better experience. The collection and storage of your data by these service providers is governed by their respective privacy policies, which can be accessed here: Inspectlet Privacy Policy. You can opt out of the collection and storage of your data by Inspectlet at any time by using the links below:

Opt Out Inspectlet

 

2.  INFORMATION USE AND DISCLOSURE

We will only use and disclose your personal information in accordance with applicable law.

We may use information that we collect about you for internal purposes, such as:

-to deliver the products and services that you have requested and communicate with you about products or services that may be of interest to you;
-to support and enhance your use of the Services and provide you with customer support;
-to conduct research and analysis about your use of, or interest in, our products, services or content;
-to serve you content and advertising tailored to your interests on our site; 
-to enforce our terms and conditions and otherwise manage our business; and
-to perform functions as otherwise described to you at the time of collection.

We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality and supporting features offered through our site.  In addition, we may share information that you provide to us as well as information that we collect with third parties to serve you ads tailored to your interests on our site and on other websites.  

From time to time, we may share your personally identifiable information with our strategic and business partners, including our bank, insurance and audit firms, as well as business development partners.  We may share personally identifiable or other information with Launch and its affiliates and across our websites, applications, social media pages and other online platforms.  We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.

We may disclose such information in response to requests from law enforcement officials conducting investigations, subpoenas or court orders, or if we believe we are otherwise required to disclose such information by law. We also may release personal information where we believe disclosure is necessary to protect our legal rights, enforce our Terms of Use or other agreements or to protect ourselves or others.

Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy.  These entities or their servers may be located either inside or outside the United States.

We may use aggregated non-personal information for internal business purposes, such as improving our site.  In addition, we may share aggregated non-personal information (such as the number of daily visitors to our site) with any of the above parties.   We may also share aggregated information that contains no personally identifiable information with any other third party for any other purpose, including for marketing purposes and for conducting general business analysis.

 

3.  DATA SECURITY

We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only those employees and third parties who need access to your information in order to perform their duties are allowed such access. In addition, we use encryption in the transmission of your sensitive personal information between your device and our system, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information.  While we use precautions to safeguard your personal information, no system is completely secure and we cannot guarantee complete security of your personal information.

 

4.  UPDATING YOUR PERSONAL INFORMATION AND PREFERENCES

You may update your personal information and preferences as follows:

Account Information.  If you have an online account with us, you have the ability to review and update your personal information online by logging into your account.  You can also review and update your personal information by contacting us.

Marketing Communications.  You may choose not to receive marketing email communications from us by clicking on the unsubscribe link in the marketing emails. You may choose to opt out of receiving marketing communications through our mobile applications notifications and text notifications in the manner identified when you opt in to receive those notifications.  It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship email communications, such as service announcements, administrative notices and surveys, without offering you the opportunity to opt out of receiving them.

Location Data.  When you use our mobile applications, you can choose not to share your location data by adjusting the applicable settings on your mobile device (the manufacturer or your service provider should be able to provide assistance).

Cookies and Other Technologies.  As noted above, we use cookies, web beacons and similar technologies for purposes such as improving your experience using our site.  Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the features offered on our site.  Please also note that if you have multiple computers or change computers, or use multiple browsers, you will need to disable cookies for each such computer or browser.

Limiting Sharing.  We will use reasonable efforts to honor any request that we not share your personal information with third parties or Launch or its affiliates for direct marketing purposes.  You may make such a request by updating your information at www.mgemi.com or by sending a written request to the address below:

By mail:
M. Gemi
401 Park Drive, 9th Floor
Boston, MA  02215

By email:
assistant@mgemi.com

 

5.  Your California Privacy Rights

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for their direct marketing purposes. To make such a request, please send an email to assistant@mgemi.com or write to us at:

By mail:
M. Gemi
401 Park Drive, 9th Floor
Boston, MA  02215

By email:
assistant@mgemi.com

 

6.  CHILDREN’S PRIVACY

We do not knowingly or intentionally collect personal information from children under age 13.  If you are not 18 or older, you are not authorized to use the Services. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.

 

7.  ACCESS TO THE SERVICES FROM OUTSIDE OF THE UNITED STATES

If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States or other countries throughout the world. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Services, you consent to your information being collected, used and disclosed as described in this Privacy Policy.

 

8.  PRIVACY POLICY CHANGES

If we decide to change this Privacy Policy, we will post the revised Privacy Policy here so that you will always know what information we gather, how we might use that information and whether we may disclose it to anyone. Your continued use of the Services indicates your consent to the Privacy Policy as posted.

If you have any questions about this Privacy Policy, please contact us at:

By mail:
M. Gemi
401 Park Drive, 9th Floor
Boston, MA  02215

By email:
assistant@mgemi.com