MIGNONNE GAVIGAN Terms and Conditions of Website Use

Last Updated: June 2020

 

1.  Acceptance of Terms and Conditions

This Website Terms of Use Agreement governs your use of the website located at www.mignonnegavigan.com (the “Site”) which is owned and operated by Mignonne Gavigan, LLC (the “Company,” “we,” “us” or “our”).  By accessing, browsing or using the Site or any pages of the Site, you are indicating that you have read and acknowledge and agree to be bound by this Website Terms of Use Agreement and any additional terms and conditions applicable to certain areas of the Site and posted in those areas of the Site, which are incorporated herein by reference (collectively, “Terms and Conditions”), and the Company’s Website Privacy Policy located at https://mignonne-gavigansmith.squarespace.com/privacy-policy/.  If you do not agree to every provision of these Terms and Conditions and the Company’s Website Privacy Policy, please do not access, browse or use the Site.  

These Terms and Conditions may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by posting the revised version of the Terms and Conditions on the Site.  You can determine when we last updated these Terms and Conditions by referring to the “Last Updated” legend at the bottom of these Terms and Conditions.  By accessing, browsing or using the Site following the posting of changes to these Terms and Conditions, you accept such changes.  You agree to use the Site for lawful purposes only in a manner consistent with any and all applicable rules, laws and regulations.  Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties.  We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions.  

2.  Membership & Elegibility

Mignonne Gavigan Rewards (the “Program”) is a rewards program offered by Mignonne Gavigan, Inc. to its customers. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. Employees, officers, directors, agents and representatives of Mignonne Gavigan and its affiliates are eligible for Membership but may be excluded from certain promotions. You must be age 18 years or older and a legal resident of the United States to be eligible for Membership.

By joining the Membership Program, you agree to be bound by these terms and conditions (“Terms”). The Program is void where prohibited by law.

Affiliates of Mignonne Gavigan may also have similar customer programs; Membership in the Program does not confer any rights or benefits in the program of any other Mignonne Gavigan affiliate.

3.  Earning and Redeeming Program Perks

Under the Program, you earn one (1) point (“point”) for every U.S. dollar spent on merchandise in the United States on MignonneGavigan.com.

Subject to the Termination provision of these Terms, points will expire if there is no account activity in 12 calendar months. Points may be redeemed for rewards to be determined by Mignonne Gavigan in its sole discretion; provided, however, that in order to redeem your points for any Reward, you must (1) accumulate a minimum number of points as established by Mignonne Gavigan and (2) make a purchase of merchandise from Mignonne Gavigan at mignonnegavigan.com at the time that you redeem your points. Other Mignonne Gavigan promotional codes may not be used at the time you are redeeming a reward. Program members may not redeem multiple of the same reward per transaction. Mignonne Gavigan may, in its sole discretion, allow points to be redeemable for other items of merchandise from time to time. However, points are never redeemable for cash and rewards redeemed may not be returned for cash or store credit.

Rewards are available with point redemption while supplies last and substitutions by Mignonne Gavigan may occur. Availability of rewards is not guaranteed and is subject to availability. You are not required to redeem a Reward during checkout. Due to the limited nature of the free deluxe Rewards, we regret that we are unable to reship or replace Rewards as a result of any damages, if you received the wrong item, or if one is missing from your order. In the event a Rewards arrives damaged, you received the wrong one, or one is missing from your order, please contact Mignonne Gavigan customer service at info@mignonnegavigan.com. Rewards are not able to be exchanged or returned.

4.  MG Crew

“MG Crew” status is conferred on those registered Mignonne Gavigan Rewards members who sign up for an account with us on MignonneGavigan.com. MG Crew status is good for the calendar year in which the Mignonne Gavigan Rewards member qualifies and the following full calendar year; after that, annual requalification is required. Mignonne Gavigan may, in its sole discretion, alter, limit, or modify the MG Crew program rules, regulations, benefits, eligibility for membership, or any other feature of the MG Crew program or may terminate the MG Crew program at any time in its sole discretion, without prior notice.

Free shipping rewards are representative of free domestic standard shipping (not expedited) within the United States. For members outside of the United States, or members in the United States wishing to ship their order to an international location, the free shipping reward will be capped at $12.00 and the balance of the shipping cost, as determined by Mignonne Gavigan and our carrier rates, as well as any applicable duties and fees will be paid by the Member.

5.  MG Minimalist

MG Minimalist status is good for 12 months from the date the level was reached; after that, annual requalification is required to maintain status. Mignonne Gavigan may, in its sole discretion, alter, limit, or modify the MG Minimalist program rules, regulations, benefits, eligibility for membership, or any other feature of the MG Minimalist program or may terminate the MG Minimalist program at any time in its sole discretion, without prior notice.

6.  MG Enthusiast

MG Enthusiast status is conferred on those registered Mignonne Gavigan Rewards members who spend a minimum of MG Enthusiast status is good for 12 months from the date the level was reached; after that, annual requalification is required. Mignonne Gavigan may, in its sole discretion, alter, limit, or modify the MG Enthusiast program rules, regulations, benefits, eligibility for membership, or any other feature of the MG Enthusiast program or may terminate MG Enthusiast program at any time in its sole discretion, without prior notice.

7.  Agreeing to Mignonne Gavigan's Privacy Policy & Email

Mignonne Gavigan values your privacy. The personal information collected from each member, including purchase history, will only be used and disclosed by Mignonne Gavigan for the purpose of the administration of the Mignonne Gavigan Rewards Program, internal analysis for marketing purposes, and as otherwise permitted by Mignonne Gavigan's Privacy Policy. By submitting an application for Membership in the Program, you agree to be bound by Mignonne Gavigan's Privacy Policy and Terms of Use. Please see Mignonne Gavigan's Privacy Policy and Terms of Use at www.mignonnegavigan.com. By submitting an application for Membership in the Program, you agree to receive advertising, marketing materials and other communications from Mignonne Gavigan. By signing up to join the Program, you will automatically be subscribed to receive Program emails. If you do not wish to receive these communications, you can request that they be discontinued.

8.  Changes, Termination And/or Removal From Program

Mignonne Gavigan may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Mignonne Gavigan website.

Mignonne Gavigan reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of Mignonne Gavigan may subject members to Membership revocation and will affect eligibility for further participation in the Program. Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled, any points in your account will automatically expire. Mignonne Gavigan reserves the right to make changes to its Website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

9.  Limitation of Liability

MIGNONNE GAVIGAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON MIGNONNE GAVIGAN's LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM MIGNONNE GAVIGAN AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.