Terms and conditions

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TERMS AND CONDITIONS FOR ONLINE PURCHASES

TERMS OF USE FOR MANGO U.S. SITES

GENERAL TERMS FOR ONLINE PURCHASES AND<br bold="[object Object]"/>USE OF MANGO U.S. SITES

Mango offers a service for retail consumers in the United States (“you” or “your”) to purchase Mango products on www.shop.mango.com/us and any website or mobile application operated by Mango for use in the U.S. (our “Sites” or “Site”). By using our Sites, you can purchase a selection of items available at our brick-and-mortar stores (“Mango Stores”) and also benefit from items, promotions, gifts, and exclusive offers available only online.

These TERMS AND CONDITIONS FOR U.S. ONLINE PURCHASES AND USE OF MANGO SITES establish the terms that apply to your U.S. online purchases and your visits to and use of our U.S. Sites (collectively, “Terms and Conditions”). For the terms of the MANGO Likes You Club, please see the MANGO Likes You Terms and Conditions posted on our Sites.

THESE TERMS AND CONDITIONS INCLUDE YOUR AGREEMENT TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST MANGO ON AN INDIVIDUAL BASIS AND TO WAIVE ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Our Privacy Policy and Cookies Policy contain important information about how and why we collect, use, and share information about you. We encourage you to read those policies to be informed about our practices with respect to personal information including our use of cookies, pixels, and other internet tracking technologies to collect personal information for targeted and other advertising, Site and account management, and Site usage analysis.

Please read these Terms and Conditions carefully. When you visit our Sites, set up a Mango account, or, or make an online purchase, you are confirming that you agree to these Terms and Conditions and our Privacy Policy and Cookies Policy. If you do not agree with our Terms and Conditions and our Privacy Policy and Cookies Policy, you should not continue to use our Sites or make purchases online.

If you are accessing or using this Site on behalf of a business or other organization, then you are entering into this accepting these Terms of Use on behalf of the organization and yourself, and you represent and warrant that you have the legal authority to bind the organization to these Terms and Conditions.

If you have any questions about these Terms & Conditions, please contact our Customer Services department as shown below.

You must be a retail customer of at least 18 years old to make a purchase using the Sites.

In the United States, Mango’s products are offered on the Sites in all fifty (50) states, the District of Columbia, Puerto Rico, certain US territories, and military APO/FPO/DPO addresses. If you live outside of these U.S. locations, you may order from the Sites only if your delivery address is within these locations.

Product Display

We do our best to keep the product information on the Sites up-to-date and accurate. But sometimes the information may be incorrect and product details, including price, are subject to change without prior notice. Not all products may be available at any time in all sizes and colours shown and products may be unavailable or discontinued. Because the colour of the items you see on your screen is limited by online photo transmission and your device’s display, we cannot guarantee that the colours that appear on your screen are an exact representation of the actual colours of the item. Mango does not assume any responsibility or obligation for the accuracy or completeness of product information shown on the Sites.

Product Pricing

All prices are in US dollars. You agree to pay the price that is stated in your order, as well as any applicable shipping expenses and taxes. While we try to provide accurate pricing information on the Sites, a price stated on a Site occasionally may be in error. If we discover a pricing error, we will attempt to notify you using the contact information provided in connection with your order, and we will give you the choice to cancel your order or pay the correct price.

The specific terms of any special offers, discounts, and other promotions are stated at the time they are offered and cannot be combined unless we specifically state otherwise. Eligibility for any promotions is determined at the time of your order. Promotion prices will be valid until the indicated date or while stocks last.

Order and Purchase Procedure

To place an order:

1. Select the items you wish to purchase and add them to the shopping basket by clicking on the corresponding icon.
2. The shopping basket contains the reference to the selected item, its name, size, colour and price in US dollars. The quoted price does not include shipping or applicable taxes, which will be applied at the checkout. These will vary according to the delivery method you select and the destination for your shipment.
3. To proceed with the purchase, some personal information will be required and will be included in our database to process the order and simplify future purchases via the Sites. The personal information you provide will be processed in accordance with our Privacy Policy. Please be sure the information you provide is accurate to avoid any confusion or errors in the shipment of your items.
4. Before your order is confirmed, you will see a detailed summary of the order listing the items ordered, the payment method you selected, the shipment method you selected, and the total price (including shipping and taxes). You confirm this information and your purchase by proceeding to the payment screen to complete your purchase.

As explained below under “Payment Methods,” purchases may be made by credit or debit card, or using a third-party (installment) payment service. The payment methods available at the time you place your order will be shown on the Site at checkout. Other payment methods will not be accepted.

Once your order and payment information are confirmed and the payment is processed, the order number will be displayed on the Sites, allowing you to track the order online at any time.

E-mail Confirmation

An automated order confirmation e-mail will be sent to the address your provided with acknowledgement of receipt, a description of the order, and the payment and shipping details you provided. The confirmation e-mail does not constitute final acceptance of your order. We reserve the right to verify the information you provided and to decline all or part of an order at our sole discretion.

If you do not receive a confirmation e-mail, this could be due to a temporary communications problem in the network or an error in the e-mail address entered. In both cases, you should contact Customer Services. Similarly, an e-mail will be sent when your order is processed and picked up for shipment.

If you create an account or make a purchase on the Sites, we may send you e-mail communications about our products and promotions. You will be able to opt-out of receiving these commercial e-mails from us by following the unsubscribe opt-out instructions provided in the e-mails. We will continue to send you emails regarding your orders or to provide information related to a purchase.

Availability of Products

All orders are subject to the products being available. If, after receiving an order, our warehouse determines that an item is out of stock, you will be notified immediately. The amount charged for the unsent item will be refunded to you, using the same payment method you used to purchase the item.

Right to Limit or Decline an Order

Mango reserves the right to limit, cancel, or decline to accept any confirmed order in its sole discretion for any reason, including but not limited to the following examples:

• There was an error in the price or other details of a product as shown on the Sites when the order was placed.
• The product ordered is unavailable.
• There are indications that the purchaser is a minor.
• The shipper was unable to deliver the order to the address provided.
• Our security systems indicate that the order may violate our requirements or be fraudulent.
• The order appears in Mango’s sole judgment to have been placed by a dealer, reseller, or distributor, and not by a retail consumer for personal use.

If Mango modifies or cancels an order or part of an order, we will attempt to notify you at the e-mail or billing address or phone number you provided when you placed the order. If Mango declines or limits an order, you will be reimbursed for the amounts paid when the order was placed, or for the part that was limited.

Mango does not permit the purchase of Mango products for subsequent resale and will not accept orders for an amount that exceeds $2,000, or for more than 40 items per customer. We reserve the right to limit or cancel the number of items bought per person, per household, or per order at its own discretion. These restrictions may affect orders placed under the same customer account, with the same credit card, and/or sharing identical billing and/or shipping addresses. If you wish to make purchases in excess of this amount or quantity for purposes other than resale, you should contact Customer Services, as described below, where you will be informed of the various options for making the desired purchase.

Total Price and Currency.

The prices shown on the Sites together with a product’s photo and description are quoted in US dollars. Shipping costs and taxes are not included with the product description but are shown before the order is confirmed.

Shipping Charges

You will be asked to select your shipping destination and method before placing your order so that you can see the shipment prices and corresponding state and local taxes included. If you subsequently modify the delivery address or shipping method, the prices displayed in the final summary of the order are subject to change.

Sales Tax

State and local sales taxes are charged (as applicable) according to the shipping address of your order or as required by applicable laws and regulations.

Where required, tax is also applied to the shipping and handling charges.

Payment by Credit or Debit Card. Mango accepts payments for purchases made via its Sites with the following credit or debit cards: Visa, MasterCard, American Express, Discover and Diners.

Your credit or debit card will be charged at the time you place the order online after confirming that the card information is correct. Online payments are processed by a third-party payment processor.

Payment via PayPal. Mango accepts payments made via Paypal.

Payment via Klarna. The Klarna method of payment is available for purchases of $50 or more payable in four (4) interest-free instalments. To use Klarna you must be a resident of the United States, be over 18 years old, and use a valid bank card for payment in four (4) installments. You may have to fulfil other requirements to be able to use this payment method.

Klarna accepts most credit and debit cards, except prepaid ones. There is no interest or charge for using a credit or debit card by Klarna, but depending on your bank, additional fees or interest may be charged. The due date for payments will be sent via e-mail. For more information visit www.klarna.com/us.

Loans to California residents are made or arranged pursuant to a California Financing Law License.

Payment via Afterpay. Afterpay is a service available for purchases of $50 or more. Afterpay allows you to make purchases now and pay for them in four (4) installments, to be made every two (2) weeks without any interest.

At checkout you can choose Afterpay as your payment method. First-time customers will need to register with Afterpay and provide payment details, while returning customers simply log in to make their purchase.

Use of Afterpay is subject to additional eligibility and other requirements. For more information, check the Afterpay Help Center.

Loans to California residents are made or arranged pursuant to a California Financing Law License.

Apple Pay. If you make your purchase from an Apple device using the Mango app, you can pay with Apple Pay. Simply select this payment method and confirm the purchase by double-clicking the side button on your device, or Touch ID. Then confirm the operation using Face ID, Touch ID, or your passcode, depending on the version of your iPhone or iPad.

This payment method is only available via the Mango app.

Mango uses the payment systems of established financial entities in e-commerce to protect the security of your payment information. Your card data is transferred directly and in an encrypted format (SSL) to the corresponding financial institution or the third-party payment processor. For payment by Visa, MasterCard and American Express, Mango only accepts SET transactions (Secure Electronic Transactions) using the 3D Secure international protocol, which can be identified and verified by Visa, MasterCard SecureCode and American Express Safekey logos.

The SET initiative is intended to better secure Internet transactions. When you make a payment through the secure payment gateway, the system will automatically check whether the credit card has been activated for SET. Next, it will connect with the issuing bank for your card, which will request authorisation for the operation via a personal authentication code. The operation will only proceed if the issuing bank for your card confirms the authentication code. In all other cases, the transaction will be rejected. We also have the GeoTrust SSL safety certificate for online transactions.

As an additional security measure, and to collaborate with other organisations in the prevention of Internet fraud, Mango reserves the right to verify the personal details you provide and take the appropriate steps (including the cancellation of the order) to determine whether goods are dispatched in accordance with the data stated on the order.

Shipping Options and Costs.

Mango uses a third-party courier service to ship the items purchased on our Sites. We offer several shipment options at different prices which are described when you place an online order.

The shipping cost is calculated depending on the method you chose and the items purchased. The exact shipping cost will be calculated each time an item is added to the shopping basket. You can see it on the order summary page before you confirm the order and before you enter your payment method information.

We may offer free delivery for orders over a specified amount shown on the Sites. Next day delivery may be available for an amount above the standard delivery fee depending on the item and the destination.

The shipping charges posted online may change from time to time without prior notice. Any changes will become effective upon being posted on the Sites. The shipping charges displayed at the time the order is placed will apply.

Mango ships to all U.S. states and Washington, DC. We also ship to U.S. territories, P.O. boxes and military APO/FPO/DPO addresses (please expect additional time for orders shipped to these addresses).

Delivery

In some cases where multiple products are purchased, you may have multiple delivery dates. You will be able to see at the checkout which articles are included on each delivery date, and the estimated delivery date for each delivery.

To minimize any delivery problems, including but not limited to incorrect addresses, you must complete the applicable form correctly, and it is advisable to leave a contact telephone number in the corresponding field.

E-mail confirmation and tracking

You will be informed by an email when an order leaves Mango’s warehouse after its confirmation, authorization, and verification of billing and credit information.

Orders can be tracked by clicking on the link provided in your order confirmation e-mail. Tracking will show the location of the goods from delivery to the carrier until reaching the destination.

Exchanges and Returns Policy

We want you to enjoy the Mango garments and other products you purchase on our Sites and in our Mango Stores. We accept items for exchange for size or return for refund on the following terms.

1. We will accept most full-price items in original condition to be exchanged for size or returned for refund if shipped to the Mango return center or returned to a Mango Store within thirty (30) days of the shipping date (for Site orders) except the following:
2. Gift cards are non-exchangeable and non-returnable.

• Within 14 days of shipment during an on-sale period.
• Within14 days of shipment for CAPSULE Collection items.
• Any other period specified for the item before confirming your purchase (such as special collection or designer).
• Items purchased as “Final Sale” cannot be exchanged or returned even with a receipt.
• When items in a single online order are delivered on different dates, the delivery date of the last product will start the exchange or return time period.

1. To receive an exchange or return, the item must be in its original condition with the original labels attached and not worn, soiled, damaged, washed, or altered (unless the defect existed at the time the item was shipped).
2. Items purchased on a Site may be exchanged at any Mango Store that has the correct size in stock and may be returned to any Mango Store, except that exchanges and returns cannot be made at stores located in airports, department stores, or stores located in Puerto Rico.
3. Only items ordered on the Sites may be returned using our free US Postal Service (“USPS”) return service explained below. Note that the USPS free return service is not available for purchases made in Mango Stores, or mangooutlet.com, in airport or department stores, or by using the iPad service available in Mango Stores.
4. All items sent by USPS or other shipment service must be properly packaged to prevent damage or loss and include the completed return form you received with your online order (or you can download a copy from your order details available on the Sites).
5. We will send you an e-mail to confirm that we received the item you sent to us and this e-mail will be your proof of the return. We will then process your exchange or refund as explained below.
6. Underwear, swimwear, and some accessories such as earrings cannot be exchanged or returned unless the hygienic safety seal is in place and intact and the label is attached to the garment.
7. Face masks cannot be exchanged or returned for health and safety reasons. Items that were personalised or altered cannot be exchanged or returned because they are made exclusively for you and cannot be offered for sale again.
8. Fragrances, candles and other cosmetics may be exchanged or returned only if in the original sealed packaging.

1. Gift cards are non-exchangeable and non-returnable.

Free USPS Dropoff Returns for Site Purchases

Our free USPS dropoff service may be used to send an item purchased on a Site back to Mango for exchange for size or return for refund within the 30 day or other applicable time period. Please check the Site for the most current details about obtaining a QR code for using this service.

1. Complete the return/exchange request form (included in the shipping package) to request a return or exchange:

• To request a size exchange, indicate on the form the new size you require.
• To request a return for refund, indicate the reason for the return (to help us improve our products).
• The item you wish to exchange or return; and
• The return form you received with the shipment of your order. Or, you can download a copy from the Site. You can find the form in your account or, if you do not have an account, you can find it at the My Orders/My Purchases link.

1. You have ten (10) working days from when you submitted your online request to deliver your package and show your QR code at any USPS location.
2. Prepare and seal a package and include:
3. The free USPS dropoff service is available if Mango sent the wrong item or the item is defective.
4. The USPS free return service is not available if you purchased your item in a Mango Store or placed your order at mangooutlet.com or via the iPad in Mango Stores.

• The item you wish to exchange or return; and
• The return form you received with the shipment of your order. Or, you can download a copy from the Site. You can find the form in your account or, if you do not have an account, you can find it at the My Orders/My Purchases link.

1. The free USPS dropoff service is available if Mango sent the wrong item or the item is defective.
2. The USPS free return service is not available if you purchased your item in a Mango Store or placed your order at mangooutlet.com or via the iPad in Mango Stores.

Returns of Orders Placed in Stores Via in-store iPad

Items purchased by placing an order using the iPad online order system available at a Mango Store may be returned for refund at any Mango Store within the 30 day or other specified time period (such as 14 days for CAPSULE collection items). Free shipping is not available for returns shipped to the Mango warehouse.

These items cannot be exchanged. To make a size change, you need to return the item (either in a Mango Store or by mail or shipping service, at your expense, as explained below under “Other exchanges and returns”) and then purchase the item in the new size. Returns cannot be made at a Mango Outlet Store or in airport or department stores.

Other Exchanges and Returns

If making an exchange or return either by USPS Dropoff Service using the QR code or return in a Mango Store is not available, items may be exchanged for size or returned for refund at your expense by mail or courier service to the following address:

MANGO RETURNS
C/O Carbel Easton One
1520 Van Buren Rd
Easton, PA 18045

These exchanges and returns must be made withing the 30 day or other specified time period. You are responsible for all expenses associated with these exchanges and returns. Mango will not accept packages sent postage or carriage due.

Mango is not responsible for these items if they fail to reach the warehouse and we recommend that you track and insure your package, at your expense.

Refunds

An item purchased on a Site may be returned for refund for any reason if it is returned to Mango within thirty (30) days of shipment (or shorter period specified at the time of purchase) and is in original condition for resale. When an item is received for return, Mango will inspect the item’s condition and you will be notified by e-mail once the item has been accepted for refund. Mango will promptly process the refund of the purchase price using the same payment method you used for the original purchase. It may take up to twelve (12) business days from the time we process the refund for your account to reflect receipt of the payment depending on the type of account and the bank you use.

If an item is returned within 30 days (or shorter period specified at the time of purchase) because Mango erroneously sent an item different from the one ordered or the quality of the item sent is not acceptable, Mango will confirm the error or defect and then refund the price of the returned item and the proportional part of the original shipping cost. The USPS Dropoff Service and QR code may be used for these returns. Please see the procedure outlined under “Free USPS returns for Site Purchases.”

For questions and suggestions about these Terms of Purchase, contact Customer Service by filling out this form or by post at the following address:

MANGO NY INC
405 Lexington Avenue (26th floor)
New York, NY 10174
USA

Toll-free telephone number: 1.866.6MNGMNG (1.866.666.4664)

Hours: Monday through Friday from 6:00 AM to 8:00 PM Eastern Time

Our Sites are open for business 24 hours a day, 7 days a week, 365 days a year.

We remind you that you should not provide your card details via e-mail, fax, or social networks. For more information, see our Privacy Policy and Cookies here.

Mango endeavors to provide individuals with disabilities with an accessible website. If you have questions, comments, or encounter any difficulty in using the Sites, please contact via contact@mango.com or 1.866.6MNGMNG (1.866.666.4664).

Welcome to www.shop.mango.com/us and other websites and mobile applications operated by Mango (“Sites”) that post a link to these Terms of Use for MANGO U.S. Sites (“Terms of Use”).

Please read these Terms of Use carefully before continuing to use any of our Sites. These Terms of Use are a legal agreement between MANGO and you. These Terms of Use apply each time you access or use this Site. Your continued use of this Site indicates your agreement to be bound by all terms and conditions in the currently posted Terms Of Use.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE THIS SITE.

If you are accessing or using this Site on behalf of a business or other organization, then you are entering into this accepting these Terms of Use on behalf of the organization and yourself, and you represent and warrant that you have the legal authority to bind the organization to these Terms of Use.

You understand and agree that we may change these Terms of Use at any time without prior notice by posting the updated Terms of Use on our Sites. The revised Terms of Use will supersede all prior versions and become effective at the time of posting unless specified otherwise. You should check this Site regularly for any new changes. Your continued use of a Site following any changes to these Terms of Use will indicate your agreement to the changes.

The General Terms section of the Terms and Conditions for Online Purchases and Use of Sites apply to your use of the Sites, as applicable. The General Terms contain important information including a class action waiver and an arbitration provision requiring you to arbitrate any claims you may have against MANGO on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. If there are any conflicts between the Terms and Conditions and these Terms of Use, the Terms and Conditions will control.

Our Privacy Policy and Cookies Policy contain important information about how and why we collect, use, and share information about you when you visit our Sites. We encourage you to read those policies to be informed about our practices with respect to your personal information including our use of cookies, pixels, and other internet tracking technologies to collect personal information for targeted and other advertising, Site and account management, and Site usage analysis.

Our Sites present general information about MANGO. Although we make reasonable efforts to post information that is current and accurate, MANGO does not assume any responsibility or obligation for the accuracy or completeness of information on the Sites.

All Content included on the Sites is the exclusive property of Mango, its Content providers, and applicable trademark owners. The Content is protected by copyright, trademark, and other applicable laws. The term “Content” includes all text, designs, graphics, trademarks, service marks, logos, icons, images, audio clips, downloads, interfaces, and software, any intellectual property held by Mango, and the selection and arrangement of any of these.

The copying, downloading and/or printing of Content included on the Sites are for your personal and non-commercial use only and is conditioned on your not modifying or deleting any copyright, trademark or other proprietary notice that appears on the Content. Any other use of Content contained on or obtained from the Sites, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any Content obtained from the Sites are expressly prohibited. Mango, its Content providers, and applicable trademark owners retain full and complete title to the Content provided on the Sites, including all associated intellectual property rights. Nothing on the Sites shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any Content, including any trademark, logo, or service mark displayed on the Sites, without the owner’s prior written permission, except as otherwise described herein. Mango reserves all rights not expressly granted in and to the Sites and their respective Content.

We may terminate or suspend your access to the Sites without prior notice or liability, for any reason whatsoever including, without limitation, if you misuse the Sites or breach these Terms of Use. Termination of access to the Sites will not waive or affect any right or remedy to which Mango may be entitled at law or in equity.

As a condition of your use of the Sites, you agree that you will not use the Sites or their contents including any feature, e-mail, or communication function for any purpose that is unauthorized, unlawful, or prohibited by these Terms of Use or by law. You will be responsible for any costs incurred by Mango or any other party (including attorneys’ fees) as a result of your misuse of the Sites as discussed under the Section Disclaimer of Warranties and Limitation of Liability. Misuse includes, but is not limited to, using the Sites or its functionality to:

• Disrupt or interfere with the normal operation and navigation of the Sites or the availability of the Sites to other users.
• Send phishing or other e-mails under false pretenses including any attempt to acquire another person’s data such as passwords, financial details, and government identification numbers or submit communications on the Sites other communications that conceal or falsify your identity.
• Disassemble, decompile or otherwise reverse engineer any software or other technology used in or available through the Sites.
• Transmit viruses, worms, defects, Trojan horses, corrupted files, or any other software or programs of a malicious or deceptive nature or that cause damage to computers or property of others.
• Transmit inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials; or defame, harass, stalk, threaten or otherwise violate the legal rights of others.
• Interfere with access or use of the Sites by other users.
• Send bulk emails or unsolicited commercial communications.
• Conduct any unauthorized or unlawful activity.

The Section “Ownership of Sites and Limited Right to Use Content” does not apply to comments, suggestions, ideas, materials and other submissions posted by users, including chats made using the Chatbot on the Sites (“User Comments”). User Comments are provided on a non- confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to use your User Comments in any way at our discretion, including for quality assurance. Any responses received from the Chatbot are non-confidential suggestions. Mango is not responsible for the responses received from the Chatbot.

You confirm that the User Comments you post on the Sites will not violate the rights of any third-party, including copyright, trademark, privacy or other personal or ownership rights. You agree that the User Comments you post on the Sites will comply with Section “Ownership of Sites and Limited Rights to Use Content” and will not contain any prohibited content, as described under Section “Prohibited Uses.” You are solely responsible for any User Comments you make and any failure to comply with Section under “Prohibited Uses” is a misuse of the Sites.

Although User Comments may be posted on the Sites, the posting of those submissions does not constitute Mango’s endorsement of any User Comments. The user who posts a User Comment is solely responsible and liable for any claim, including, without limitation, loss or injury for any intellectual property or other ownership rights, violations of personal or privacy rights, or any actual, consequential, punitive, or other damages made in connection with User Comments. We reserve the right to remove any User Comments at any time for any reason in our sole discretion.

This Sites may contain links to third-party websites, applications, platforms, social media, or other internet resources not under our control or operation. Mango does not endorse and is not responsible for or have control over how your information is collected or used by the operators of third-party resources, the contents of any linked location or any link contained within a linked location. Your access to and use of any linked third-party location may be conditioned upon the third-party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, malware, and any other harmful technology or content.

There are no warranties, express or implied with respect to our products beyond the description of the product displayed on the Sites or contained in the order confirmation. We are not liable for any damages of any kind arising from the non-conformity or use of our products, including but not limited to, direct, indirect, incidental, punitive and consequential damages, even if we are expressly advised about the possibility of such damages. If state laws that prohibit limitations on implied warranties or certain damages apply to you, the above disclaimers or limitations may not pertain to you and you may have additional rights.

If you discover an apparent defect in an item, you should bring the item to one of our Mango Stores or notify Mango within thirty (30) days of the delivery or purchase date. You can contact Customer Service by any of the methods listed in “Contact Information for Customer Service” so we can evaluate it.

You agree to indemnify, save, defend, reimburse and hold harmless Mango and its officers, directors, members, partners, employees, and representatives from and against any third-party claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), resulting from: (a) your use of the Sites; (b) your breach of any provision of these Terms of Use; and/or (c) your violation of any rights of another, whether by action or omission, in connection with this Sites.

Mango respects the intellectual property rights of others and requests that you do the same. If you believe that any Content appearing on the Sites has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Digital Millennium Copyright Act Agent named below:

MANGO NY INC
405 Lexington Avenue (26th floor)
New York, NY 10174
USA
E-mail

To be effective, the notification must include ALL the following:

1. a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;

1. identification of the copyrighted work claimed to have been infringed;
2. information sufficient to locate the allegedly infringing material;
3. name, address, telephone number, e-mail address and other information necessary to permit Mango to contact the person submitting the notification;
4. a statement that the person submitting the notification has a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law; and
5. a statement that the information in the notification is accurate and, under penalty of perjury, that the person submitting the notification is the copyright owner or is otherwise authorized to act on behalf of the copyright owner.

Mango is under no obligation take any action based on a notification of claimed infringement, and the absolute right and discretion to remove any information and/or material from the Sites remains with Mango.

These Terms & Conditions are governed by the laws of the State of Delaware without regard to conflicts of law principles. The waiver of any provision of these Terms and Conditions shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms and Conditions is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

If a dispute arises relating to your online purchase or these Terms and Conditions, we and you agree to first try to resolve the matter in good faith. The party asserting the dispute will send a notice to the other party by registered mail explaining the reasons and circumstances for the dispute. The receiving party will have thirty (30) days to respond to the notice.

Send your notice of a dispute to Mango Customer Service at the postal address shown under “Contact Information for Customer Service.” Mango will use your last billing address or shipping address of record to send a notice to you or respond to your notice you unless you indicate a different address.

MANDATORY ARBITRATION

IF WE ARE UNABLE TO RESOLVE THE DISPUTE THROUGH DISPUTE RESOLUTION WITH CUSTOMER SERVICE, YOU AND MANGO AGREE (“ARBITRATION AGREEMENT”) THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS ARBITRATION AGREEMENT, SHALL BE DETERMINED BY BINDING ARBITRATION ADMINISTERED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”). THE ARBITRATION SHALL BE CONDUCTED BY ONE (1) ARBITRATOR MUTUALLY AGREED UPON BY BOTH PARTIES. THE ARBITRATION SHALL BE GOVERNED BY THE JAMS CONSUMER ARBITRATION RULES (AVAILABLE AT WWW.JAMSADR.COM/ADR-RULES-PROCEDURES/) AND JAMS MINIMUM STANDARDS (AVAILABLE AT HTTPS://WWW.JAMSADR.COM/CONSUMER-MINIMUM-STANDARDS/) OR OTHER JAMS ARBITRATION RULES DETERMINED TO BE APPLICABLE BY JAMS (COLLECTIVELY, “JAMS RULES”).

WAIVER OF CLASS ACTIONS

BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS BROUGHT IN COURT AND TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. YOU AND MANGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. EXCEPT AS PROVIDED HEREIN, ALL DISPUTES RELATING TO THESE TERMS & CONDITIONS SHALL BE RESOLVED BY MANDATORY AND BINDING ARBITRATION AND MAY NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION OR PROCEED ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES, WITHOUT MANGO’S EXPRESS WRITTEN CONSENT.

Initiation of Arbitration, Fees and Costs, Other Disputes

To initiate arbitration, the party requesting the arbitration must file a completed written demand with JAMS (available at www.jamsadr.com/submit/) and provide a copy to the other party, as specified in the JAMS Rules and the parties may exchange non-privileged information relevant to the dispute as part of the arbitration.

The allocation of costs between the parties shall be made in accordance with the JAMS Rules. Unless prohibited by the JAMS Rules, each party will bear their own costs in connection with the arbitration. Any disputes regarding this Arbitration Agreement, including applicability, enforcement, validity, or interpretation, shall be resolved by the arbitrator. If any issues not addressed by the Arbitration Agreement need to be adjudicated by a court, the court must be a court of competent jurisdiction in the State of Delaware.

Exceptions to the Arbitration Agreement

You and Mango each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) any claim for the remedy of public injunctive relief. You and Mango agree that, if applicable, the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. Notwithstanding the provisions above, no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.