Terms And Conditions

Terms & Conditions

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 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.

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 Conditions. Additional 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. 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.

d. 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.

e. 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.

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 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:

By mail:

c/o M. Gemi

268 Summer Street, 6th Floor

Boston, MA 02210

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. Links. The 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 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.

9. Disclaimer; Limitation of Liability. EXCEPT 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. Indemnification. By 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 statute 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 Law. These 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. 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 assistant@mgemi.com or as otherwise expressly provided.

14. Miscellaneous. These 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 - July 30, 2019

Promotional cards cannot be combined with any other promotions or discounts.

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. 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

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 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.

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.

RETURN/EXCHANGE POLICY

UPDATED - July 30, 2019

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

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 bloomingdales@mgemi.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 assistant@mgemi.com 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. Items that have been returned for a store credit will be issued via an M.Gemi Gift Card. 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) with an $8 fee deducted to cover the costs of restocking and shipping. 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. 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. If a Gift Card was utilized in the original purchase, we will credit the original Gift Card used with the value of the return refund.

For returns of Before They Go Sale items or products purchased during certain events, such as private sale events, your refund may be credited in the form of an M.Gemi Gift Card, unless they fall under the small number of heavily discounted items marked Final Sale, as noted at the time of purchase.

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 assistant@mgemi.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. We only offer one complimentary exchange per order. 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 assistant@mgemi.com 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 assistant@mgemi.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 assistant@mgemi.com 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 assistant@mgemi.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.

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.

REFERRAL PROGRAM TERMS AND CONDITIONS

UPDATED – April 11, 2019

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 $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.