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J. Mendel

Privacy Policy

Legal

Privacy Policy

J. Mendel, Inc. (“J. Mendel,” the “Company,” “we” or “us”) respects your concerns about privacy. This Privacy Policy applies to personal information (such as name, contact details and payment information) we collect when you visit our website, www.jmendel.com (the “Site”). Our collection of your personal information helps us to improve your online experience and allows us to better communicate with you regarding our products and services. This Privacy Policy is intended to assist you in understanding what information we gather when you visit the Site, how we use that information and the safeguards we have in place to protect the information. This Privacy Policy only applies to information we collect at www.jmendel.com.

You agree that your use of the Site signifies your assent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the Site. INFORMATION WE COLLECT ONLINE AND HOW WE USE IT

Personal Information

For purposes of this Privacy Policy, “personal information” means any information by which someone can be personally identified, including name, postal address, telephone number, email address and certain financial information (such as your credit card number) if you choose to purchase products offered on the Site. We collect personal information from you only when you voluntarily provide us with this information, such as when signing up for our email newsletter to receive emails about our latest products and services.

Shopping

You may be able to purchase J. Mendel products and gift cards on the Site. To process your purchase, we ask for information such as your name, billing and shipping addresses, telephone number, email address and payment card information. We use this information to process your purchase, confirm your order and deliver the items to you. If you give us permission, we also may use your contact information to communicate with you about our products, services and promotions. If you purchase an item or gift card on the Site or ask us to deliver your purchase to someone else, we ask for the recipient's name, postal address and email address. We use this information to send the gift card or item to the recipient. If you ask us to do so, we also may use this information to notify the recipient of your gift before it arrives.

My Account

You may be able to register to create an account on the Site. To do so, we ask for information such as your name and email address. You also may provide your age and gender. Through the ["My Account" feature], you can store billing and shipping information so you won't have to enter it again when you make another purchase on the Site. You also can choose to have J. Mendel store details of your past purchases and payment card information for faster checkout. To use this feature, we ask you to provide your credit card information and the corresponding billing address. Electronic Newsletters

You may be able to sign up on this Site to receive electronic newsletters and promotional emails from J. Mendel, including special offers, event information and our latest products and services. To sign up, we may ask you for information such as your name, email address, postal address, gender and email preferences. We use this information not only to send you communications about our products and services, but also to tailor our newsletters to reflect your preferences.

Contact Us

If you communicate with us through the “Contact Us” link on this Site, we may ask you for information such as your name, email address, zip code and telephone number. We use this information to respond to and communicate with you about your questions and comments. Information We Collect by Automated Means

We gather certain non-personal information automatically by various means, including via cookies and clear GIFs (a.k.a. web beacons). This information includes IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Site and to gather demographic information about our customer base in the aggregate. We do not link this automatically-collected data to personal information.

Cookies

When you visit the Site, our web servers may automatically recognize certain non-personal information about you, such as your domain name, access provider, IP address, and browser language. The Site also uses a browser feature known as a cookie, which assigns a unique identification to your computer. The information collected from cookies allows us to provide better customer service to you and improve features of our Site in a variety of ways, including by determining whether you have visited the Site in the past and which pages of our Site you have visited. We also may use cookies and/or a technology known as clear gifs to help us confirm your receipt of and response to our emails and to provide you a more personalized experience. Please note that certain pages of the Site may not function properly if cookies are turned off. Please consult your web browser’s Help documentation for more information about how to turn cookies on and off for your browser.

Clear GIFs

We employ a software technology called clear GIFs, that help us better manage content on the Site by informing us what content is effective and to track the effectiveness of our marketing. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movement of web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear GIFs are embedded invisibly on webpages and are about the size of the period at the end of this sentence.

General

In general, we use personal information collected on the Site for the specific purpose for which it was volunteered and we take reasonable steps to assure that your personal information is reliable for its intended purpose and is accurate, complete and current.

HOW WE MAY SHARE INFORMATION

We do not sell, rent or otherwise disclose personal information about our customers to third parties except as described herein. We may share your information collected on this Site with our subsidiaries, affiliated companies, and unaffiliated service providers who perform services on our behalf. These service providers are not authorized by us to use or disclose personal information except as necessary to perform services on our behalf or comply with legal requirements. For example, we may also disclose certain financial and other information you provide to us to third parties that provide credit reporting, payment or order fulfillment services in order to verify your information, authenticate payments and process orders.

You have the right to limit how we share your personal information for marketing purposes among our subsidiaries, affiliated companies and unaffiliated service providers. Please see the section entitled “Managing Your Personal Information.”

We also must always reserve the right to disclose information about you as required by law, in response to legal process including law enforcement requests, and where needed to protect the safety, property, or legal rights of users of the Site, or J. Mendel or its affiliates or third parties.

We are not responsible or liable for any content presented by or contained on any independent website, including, but not limited to, any advertising claims or marketing practices. We also are not responsible or liable for any privacy or security policies of any third party sites to which we may provide links on the Site.

In the unlikely event that J. Mendel or substantially all of its assets are acquired by another company, or due to any merger, reorganization or liquidation, customer information will be one of the transferred assets. Your personal information will remain subject to any pre-existing privacy policy unless you consent otherwise.

OPT-OUT / CHOICE

We offer you certain choices about how we communicate with you and what information we collect from you. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds and free of charge to the processing of your personal information, and we will apply your preferences going forward.

If you do not wish to receive communications from J. Mendel in the future, you can unsubscribe by clicking on the unsubscribe link at the bottom of any J. Mendel communication that you receive, emailing us at info@jmendel.com with your request to be removed from our contact list or by calling customer service at 212-968-6260.

CHILDREN’S PRIVACY

We are concerned about the safety of children when they use the internet and do not knowingly request or collect personal information online from any person under the age of thirteen. SECURITY

We maintain appropriate administrative, technical and physical safeguards to protect the personal information you provide on this Site against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use and other unlawful forms of processing. [We use Secure Sockets Layer ("SSL") technology to protect the transmission over the Internet of your payment card data. You can check the security of your connection by looking at the URL line of your browser. When accessing a secure site, the first characters of the site address change from "http" to "https." If you are using a web browser or firewall that does not permit communications through secure sites, you will not be able to make purchases on the Site.] However, despite any security measures we have implemented for this Site, you should be aware that 100% security is not possible.

MANAGING YOUR PERSONAL INFORMATION

Subject to applicable law, we allow you to regularly review and update the personal information we have retained about you. You may obtain upon request a summary of the personal information on record with us. You also may request that we correct any such personal information about you, remove such information from our marketing databases or dispose of any or all personal information about you.

To make any request described above, or if you have any questions about this Privacy Policy, send an email to info@jmendel.com, or contact:

J. Mendel, Inc.
463 7th Avenue
New York, NY 10018
212-968-6260

Following any of these requests, some of your personal information may be retained for a period of time; for example, to follow-up on a request, resolve a dispute or for similar reasons. Some personal information also may continue to be stored on “back-up” files for financial, legal or technical reasons.

WHAT ARE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTIONS 1798.83-1798.84 (FOR CALIFORNIA RESIDENTS)?

California Civil Code sections 1798.83-1798.84 give California residents the right to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for their direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and address. If you are California resident and would like a copy of this notice, please submit a written request to: info@jmendel.com.

UPDATING THIS POLICY; NOTICES

The Company reserves the right, at its discretion, to change, modify, add, or remove portions of this Privacy Policy at any time. You should check this page periodically for changes. Your continued use of this Site following the posting of changes to this Privacy Policy will be considered your consent to those changes. In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development.

EFFECTIVE DATE

This Privacy Policy is effective June 1, 2012.

__________________________________

EU-U.S./SWITZERLAND-U.S. SAFE HARBOR PRIVACY POLICY

We are required to provide certain protections to any personal information that is transferred from the European Economic Area (“EEA,” which includes the twenty-seven Member States of the European Union (“EU”) plus Iceland, Liechtenstein and Norway) or Switzerland to the United States. As described in this section (this “Safe Harbor Policy”) and in our Privacy Policy, we adhere to the principles of both the U.S.-EU Safe Harbor and the U.S.-Swiss Safe Harbor Frameworks (the “Safe Harbor Principles”). General information about the Safe Harbor Principles may be found at www.export.gov/safeharbor.

NOTICE & CHOICE: All personal information that we collect will be used only for the purposes described in our Privacy Policy. When you first provide personal information to us, or as soon as practicable thereafter, we will notify you of the purposes for which we collect and use your personal information and the choices and means we offer you for limiting the use and disclosure of your personal information. We only disclose your personal information to third party service providers who perform services on our behalf. You always have the opportunity to choose to have us remove your personal information from our database and/or refrain from disclosing such information to any third party. Please send any such opt-out requests to Digital Marketing at the email address: info@jmendel.com.

For sensitive personal information, we will give you the opportunity to affirmatively and explicitly consent (opt-in) to the disclosure of such information to a third party service provider or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized, unless the processing is: (1) in your or another person’s vital interest; (2) necessary to establish legal claims or defenses; (3) required to provide medical care or diagnosis; (4) necessary to carry out our obligations related to employment law; or (5) related to data manifestly made public by you.

For purposes of this section, “sensitive personal information” shall mean personal information that reveals race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade union membership or that concerns an individual’s health.

DATA INTEGRITY: To the extent that we transfer any personal information from the EU/Switzerland to the United States, we take reasonable steps to assure that the information which is transferred is reliable for its intended purpose, accurate, complete and current.

SECURITY: We take reasonable measures to protect personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. We have put in place appropriate physical, electronic and managerial procedures to safeguard and secure personal information, which procedures are set forth in our Privacy Policy.

ONWARD TRANSFER (TO THIRD PARTIES): Any third party service provider that assists us in processing or maintaining our database of personal information is required by us to agree to provide at least the same level of privacy protection as is mandated by the Safe Harbor Principles.

ACCESS: You can ask to review and correct the personal information that we maintain about you as set forth in our Privacy Policy.

ENFORCEMENT: We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the Safe Harbor Principles. Any other controversy or claim arising out of or relating to our adherence to the Safe Harbor Principles, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable commercial rules, provided, further, that any arbitrator shall be either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and information technology. The arbitration panel should apply New York law, without regard to its conflict of laws principles, as well as the Safe Harbor Enforcement Principle issued by the U.S. Department of Commerce www.export.gov/safeharbor/SHPRINCIPLESFINAL.htm. In addition, the exclusive location for such arbitration shall be New York, NY. All decisions of the arbitration panel shall be final and binding on the parties, which waive any right to further appeal the arbitration award, to the extent an appeal may be lawfully waived.

We are also subject to the jurisdiction of the U.S. Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:

Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
consumerline@ftc.gov
www.ftc.gov

Terms of Sale

The following General Terms and Conditions of Sale constitute an agreement between J. Mendel, Inc. and you, the visitor, governing your purchase of any products offered on the J. Mendel, Inc. website, www.jmendel.com, and related domain names (collectively, the “Site”). “J. Mendel” means J. Mendel, Inc., a Delaware corporation with a principal place of business at 463 7th Avenue, New York, NY 10018, its officers, directors, shareholders, employees, agents, affiliates and subsidiaries.


J. Mendel may update these General Terms and Conditions of Sale at any time. You can view the most current version of this document at any time by clicking on the “Terms of Sale” link embedded at the bottom of each webpage of the Site.


PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF SALE (“TERMS OF SALE”) CAREFULLY BEFORE PURCHASING PRODUCTS ON THE SITE. THE PURCHASE OF ANY PRODUCTS OFFERED ON THE SITE IS SUBJECT TO THESE TERMS OF SALE. ANY RESALE OR DISTRIBUTION OF J. MENDEL PRODUCTS PURCHASED ON THE SITE IS STRICTLY PROHIBITED.


1. PURCHASING


Orders

The Site may be used to order a selection of J. Mendel products from J. Mendel, Inc. directly online via the Internet from the United States only. The delivery zone for J. Mendel products ordered via the Site is restricted to the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America. We do not yet ship orders outside of the United States.


While every effort is taken to try to ensure that the coloring, design and style of the J. Mendel products in the photographs displayed on the Site are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment. Accordingly, J. Mendel shall not be liable for any error or inaccuracy in the photographs or graphical representations of J. Mendel products displayed on the Site. If you have any questions about the products, you may contact our customer service department at the number provided below.


J. Mendel reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if J. Mendel has reasonable cause to suspect that such customer has violated these Terms of Sale or Terms of Use, or is engaged in any fraudulent activity or for any other legitimate cause.


Availability

All products are subject to availability. We reserve the right to limit the quantity of products we supply, supply only part of an order or divide orders. We also reserve the right to alter the terms or duration of any special offers or sale promotion. J. Mendel is not liable in case of [stock outage or unavailability of products.


Payment

Prices displayed on the Site are quoted in U.S. dollars. While we make reasonable efforts to provide accurate prices on our website, errors may occur. If we discover an error in the price of the merchandise you have ordered, we will give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we reserve the right to cancel the order.


Title to products you order on this website and risk of loss or damage to products passes to you upon delivery, provided that we have received payment in full for the products.


J. Mendel accepts the following forms of payment for online purchases:
• Visa
• MasterCard
• American Express
• Discover


The transaction amount will be charged to your credit card only after we have verified your card details received credit authorization, confirmed merchandise availability, and the order is fully prepared for shipment. The transaction amount is deducted automatically from your account once the order is submitted, the card is approved, and the merchandise is ready to be shipped. At this time we do not accept payments through debit card, check card or gift card.


We use Secure Sockets Layer ("SSL") technology to protect the transmission over the Internet of your payment card data. You can check the security of your connection by looking at the URL line of your browser. When accessing a secure site, the first characters of the site address change from "http" to "https." If you are using a web browser or firewall that does not permit communications through secure sites, you will not be able to make purchases on the Site


Sales Tax

J. Mendel charges state, local and county taxes for online transactions based on shipping address and as required by applicable laws. Please note that your on-screen transaction total reflects estimated tax. The actual sales tax will be calculated when your order is shipped and may vary from the estimated tax. Applicable state taxes will be applied to orders shipped to New York and Maryland.


Order Confirmation


All orders are subject to order and address verification and credit approval. Once your entire order is submitted, you will receive an order confirmation. If you do not receive this confirmation, the order may not be processed.


2. SHIPPING POLICY


Shipping and Delivery

All purchases are shipped via Federal Express. Same-day delivery orders in Manhattan will ship via messenger service. For security reasons, all J. Mendel online purchases will require a signature upon delivery. In addition, purchases may not be shipped to P.O. boxes or APO/FPO addresses that are not available through Federal Express.


Delivery times may vary depending on shipping locations. When estimating the total delivery time for your purchase, please allow one to two business days to process your order for shipment in addition to the time indicated by your preferred shipping method. Orders are processed and delivered Monday through Friday, excluding holidays. J. Mendel is not responsible for unanticipated delays.


For your security, please be aware that first-time orders can only be shipped to the cardholder's billing address or a corporate work address which we are able to verify independently. To avoid delays to your order, please ensure that your billing address matches the address on your card statement, and that the cardholder's name is written as it appears on the card. Please also ensure that your contact details are filled in accurately so that we can reach you if necessary.


Shipping Fees

Overnight $35
Express/2nd day $20
Ground Complimentary


Manhattan Same Day Delivery

If you place your order between 9:30 a.m. and 12:00 p.m. on any day of the week for delivery in Manhattan, you can opt for same-day service for a fee of $35.


Tracking

For security reasons, we do not provide tracking numbers, but we do use a tracking number internally for each delivery. If you are not completely satisfied or if there is a discrepancy with your order, please retain all documentation and packaging and contact us immediately by sending an email to our online personal shopping service.


Insurance

J. Mendel insures each purchase during the time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you are not the receiver of your purchase (for example, a gift order) then the person who signs for the package confirms receipt and is accountable for the package and we will track your package for you.


3. RETURN POLICY

Returns and Exchanges


Returns

You may return or exchange an order placed/shipped in the US by requesting a Returns Merchandise Authorization (RMA) number within 14 days of receiving your order.

All SALE merchandise is FInal Sale and may not be returned or exchanged.

All International orders are FINAL SALE. Returns or Exchanges will not be accepted.

Upon submission or your return you will receive a pre-paid Fedex shipping label via email for the return of your item.


Returns or exchanges received after 14 days of delivery will not be accepted. To receive your RMA number and pre-paid shipping label visit jmendel.com/returns to begin the process.

Please note that any returned or exchanged item(s) must be received in new, unused and unaltered condition with the original tags attached accompanied by the original invoice and original packaging .

Merchandise purchased online cannot be returned to a store or wholesale distributor and may only be returned in accordance with our online return and exchange guidelines set forth within. Please note that a different return policy may apply for in-store purchases.


All returns will be credited to the original form of payment. Original shipping charges will not be refunded.


Exchanges

The exchange of an item on jmendel.com involves two easy steps. First, please begin by making an online selection to identify and purchase the replacement item. Second, return the original item by following the steps outlined above. Any exchanged item(s) are subject to J.Mendel having available merchandise on hand. Your exchange item(s) will be sent to you via Federal Express at no additional cost.

Exchanges may be made for items of equal or greater value only.


Pre-Order

At the time of your order you will be required to pay fifty percent (50%) of the amount due as a deposit, exclusive of shipping fees and taxes. We will charge the remaining fifty percent (50%) of the amount due, plus shipping fees at such time as the product is ready for shipment.


Order Cancellation

If you wish to cancel or modify your order, please send an email as soon as possible to service@jmendel.com. We will make every effort to accommodate your request. Please note however that orders are processed as quickly as possible and that once an order has been submitted we cannot guarantee the purchase can be canceled or modified.


4. CUSTOMER SERVICE

If you have any questions or concerns regarding any of the provisions contained in these Terms of Sale, please contact us by email at service@jmendel.com.