Terms & Conditions
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 be 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.
g. Listed Price. The pricing for all products available via the Services are in United States dollars for customers located in the U.S., and Canadian dollars for customers located in Canada, 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.
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.
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.
5. Claims of Copyright Infringement. M. 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:
c/o M. Gemi
268 Summer Street, 6th Floor
Boston, MA 02210
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.
8. International Access. The 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.
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.
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.
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.
13. Notice. We 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 firstname.lastname@example.org or as otherwise expressly provided.
Last updated November 11, 2015
GIFT CARD TERMS AND CONDITIONS
Updated - March 18, 2015
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 - July 30, 2019
Promotional cards cannot be combined with any other promotions or discounts.
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. Via Italia guest brand products are not eligible for promotional discounts.
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.
SHIPPING AND DELIVERY POLICY
UPDATED - May 10, 2018
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 or Fedex/Landmark or DHL in Canada) and require a valid shipping address. Some carriers generally will not ship to a P.O. Box or military address.
2. Shipping Costs and Timing. During 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 to most destinations in the United States and Canada.
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 3pm ET on business days for product in our warehouse will ship the same day. If such orders are placed after 3pm 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.
UPDATED - July 30, 2019
1. Eligibility. Unless otherwise noted, you may return or exchange any product purchased via the Services for a refund or credit (see Section 3 below). Gift Cards and Mia Bags are final sale and are not eligible for return. 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. For Before They Go items, refunds will be credited in the form of an M.Gemi eGift Card. Items that were purchased at a Bloomingdale’s location, or shipped to an address outside of the U.S., may be eligible for return, subject to the other terms contained herein, but are not eligible for exchange.
2. Process. For most orders, you can visit https://mgemi.loopreturns.com/ to initiate a return or exchange of an eligible item. To initiate a return of an eligible item purchased at a Bloomingdale’s location, you must email email@example.com and include your Bloomingdale’s order number and return reason. To initiate a return of an eligible item shipped to an address outside the U.S., you must email firstname.lastname@example.org and include your order number, return reason.
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 of Before They Go items or 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. Return items must be in their original condition, unused, unwashed, unaltered and undamaged. If, upon inspection, we deem your return item to be used, altered or otherwise damaged, it may be ineligible for refund. If you have any questions about the condition of any item you are considering returning, please contact Customer Service at email@example.com or 844-574-GEMI (4364).
4. Exchanges. To exchange an eligible item for the same item in a different size, visit https://mgemi.loopreturns.com/ and select “Exchange for new size” when prompted. We will ship your new item as soon as your return item is placed in the mail. To exchange an eligible item for the same item in a different color, or for a different item altogether, visit https://mgemi.loopreturns.com/ and select “Shop Now” when prompted. For any other questions, please contact Customer Service at firstname.lastname@example.org or 844-574-GEMI (4364).
TEXT MESSAGES TERMS & CONDITIONS
UPDATED - July 29, 2019
You may elect to receive certain messages from M.Gemi at your mobile phone number, including messages to: (1) provide you with information you requested from M.Gemi; (2) inform you of M.Gemi products, services, marketing or promotional offers that may be of interest to you; (3) to respond to your inquiries regarding your account or purchases from M.Gemi; and/or (4) provide you with the ability to reorder, receive new product recommendations, and status updates regarding your orders. If you provide 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 without charge from M.Gemi but charges from your carrier for text, data or other usage may apply and you are responsible for all such charges. If you enroll to receive texts from us, you acknowledge and agree to be bound by the following terms:
You represent and warrant to us that you are authorized: (i) you are the owner of the mobile phone number you designate in M.Gemi’s system to receive communications from M.Gemi via Short Message Service or text ("Texts"), and (ii) you are solely responsible for any mobile message or data charges that may be incurred by communicating with us via Texts. You may register to receive Texts by entering and submitting your phone number in the provided submission form available on our website. By entering your phone number and/or by confirming your desire to receive Texts from us, you consent to these terms and to receive text message communications from M.Gemi as described herein. A text message will be delivered to the mobile number you provided confirming your enrollment once you have submitted your phone number. You are responsible for managing the types of texts (whether SMS or MMS) you receive.
By subscribing to receive Texts, you expressly consent and agree to accept and receive information regarding products you order. With your consent, we may also use automated or non-automated technology to send you additional promotional communications via text message to the cellular/mobile telephone number that you provide to us. You understand that you are not required to receive promotional text messages as a condition of purchasing goods or services from M.Gemi. The information in any message may be subject to certain time lags and/or delays.
We may send you an initial message confirming that we have received your opt-in. After that, the number of Texts you receive will vary depending upon how you use our Service and whether you take steps to generate additional Texts from us (such as by sending a HELP request).
By agreeing to receive Texts, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing us at email@example.com with "Revoke Electronic Consent" in the subject line.
To view and retain a copy of this disclosure or any information regarding your election to receive Texts, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email us at firstname.lastname@example.org with contact information and the address for delivery.
In order to cease receiving Texts, you may unsubscribe by replying STOP to any text message you receive or contacting M.Gemi Customer Service by email at email@example.com. You consent that following such a request to unsubscribe, you may receive one (1) final message from M.Gemi confirming that you have been inactivated in our system. Please allow up to ten (10) days to process your request. Following such confirmation message, no additional text messages will be sent to you unless you re-activate your subscription to receive messages.
By subscribing to receive Texts, you approve any message, voice and data charges from your mobile carrier. Check your carrier’s plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s).
M.Gemi is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.
You acknowledge and agree that the Texts may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By subscribing to receive Texts, you expressly consent to receive the Texts through automatic dialing technology, artificial and pre-recorded voice to the telephone or cell phone number you have provided to us.
M.Gemi reserves the right, in its sole discretion, to cancel or suspend any or all of the Texts, in whole or in part, for any reason, with or without notice to you.
UPDATED - March 18, 2015
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.
REFERRAL PROGRAM TERMS AND CONDITIONS
UPDATED – April 11, 2019
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 $50.00 of merchandise value will be processed. In most cases a promotional code or promotional gift card will be automatically 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.
Referred customer credit is valid on full priced styles only and cannot be combined with any other promotional offer.
Participation in the M.Gemi Referral Program may require you to submit personal information about yourself 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.