Sales & Support

Terms and Conditions of Purchase

Throughout the following terms and conditions, Mervin Manufacturing, Inc. will be referred to as “Mervin” and the purchaser identified on the face of this document shall be identified as “customer.”

1) These Terms Prevail. These terms and conditions shall prevail in any conflict between them and any terms in a purchase order, confirmation, acknowledgment, or other form or correspondence prepared by customer. No change in the terms of this order, and no additional or different terms, whether or not they materially alter the order, shall be binding upon Mervin unless such changes or additional or different terms are expressly agreed to in writing by Mervin.
2) Order Acceptance. All solicitations and purchases of Mervin product on www.mervin.com and affiliated sites are undertaken and completed in Seattle Washington. The receipt of an order on Mervin’s website, www.mervin.com will not constitute acceptance of the order until such time as it is formally approved by Mervin at its headquarters. Mervin’s prices exclude excise, sales, use, GST or similar taxes, freight and other delivery expenses, insurance charges and duties, all of which shall be borne by customer.
3) Delivery & Acceptance. Unless otherwise provided by Mervin in writing, all product shipments shall be made Carriage Paid to Destination (CPT-Destination) from Mervin’s shipping facility, at which point the title, risk of loss or damage shall pass to the customer.
4) Non-Diversion. Customer’s purchase of Mervin product is for personal use and not for resale. Customer agrees not to directly or indirectly advertise or solicit sales or sell Mervin product purchased from Mervin.
5) Warranty. Unless otherwise indicated, every product that Mervin sells is covered by a minimum one-year warranty from the date of purchase. The warranty covers defect of workmanship and materials, but DOES NOT cover damage caused by accident, improper care, negligence, normal wear and tear, or the natural breakdown of colors and materials through time, exposure, or extensive use.
6) Return Policy & Warranty Returns. See Mervin’s Return and Warranty Policy here.
7) Force Majeure. In the event of a disruption or discontinuance of Mervin’s business in whole or in substantial part, either temporarily or permanently, by reason of fire, flood, earthquake, war, governmental restrictions or laws, act of God, embargo labor trouble, or strikes or other cause of like or unlike nature beyond Mervin’s control, Mervin shall have the option of canceling delivery of all or any part of the merchandise not yet delivered with no fee or penalty of any kind imposed by customer.
8) No Implied Warranty. MERVIN GRANTS NO WARRANTIES OR CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE MERCHANDISE, ITS FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OR MERCHANTABILITY. MERVIN SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR INDIRECT DAMAGES, LOST PROFITS, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SERVICES HOWEVER CAUSED OR ANY THEORY OF LIABILITY ARISING IN ANY WAY OUT OF THIS AGREEMENT. CUSTOMER AGREES THAT MERVIN’S LIABILITY UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION SHALL IN NO EVENT EXCEED THE PRICE PAID BY CUSTOMER FOR THE SUBJECT MERCHANDISE. THIS LIMITATION SHALL APPLY EVEN IF MERVIN HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOT WITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY PROVIDED HEREIN.
9) Limitation of Liability. IN NO EVENT SHALL Mervin BE LIABLE TO CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM DELAYS OR SHIPMENT OF PRODUCTS, EVEN IF Mervin HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MERVIN’S LIABILITY FOR ANY PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, A CONTRACT CLAIM OR OTHERWISE) EXCEED THE AMOUNTS PAID TO Mervin FOR SUCH PRODUCT. NOT WITHSTANDING ANYTHING IN THIS AGREEMENT, IN NO EVENT SHALL MERVIN’S LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY CUSTOMER TO Mervin FOR PRODUCT IN THE LAST TWELVE (12) MONTHS. IN NO EVENT WILL Mervin BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY CUSTOMER. IN NO EVENT SHALL Mervin BE LIABLE FOR DAMAGES ARISING OUT OF ANY LATE DELIVERY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST CUSTOMER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATION SET FORTH IN THIS SECTION SHALL APPLY WHERE THE DAMAGES ARISE OUT OF OR RELATED TO THIS AGREEMENT.
10) Indemnification. Customer shall indemnify, defend, and hold Mervin and Mervin’s officers, agents other representatives and licensors harmless from all demands, claims, actions, causes of actions, proceedings, suits, assessments, losses, damages, liabilities, settlements, judgments, fines, penalties, interest, costs and expenses incurred (including fees and disbursements of legal counsel) of every kind (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused customer’s misuse of the product or by the negligent or willful acts or omissions by the customer, or (ii) based on any breach of this Agreement by customer.
11) Non-Waiver. The failure of Mervin to insist upon strict performance of any of the terms and conditions of this order or to exercise any rights or remedies, shall not be construed as a waiver of its right to assert any of same or to rely on any such terms and conditions at any time thereafter.
12) Choice of Law and Venue. Any and all disputes arising under this invoice or a purchase order of vendor shall be subject to the laws of the State of Washington and Mervin and purchaser agree that any and all disputes arising hereunder or under any purchase order between the parties shall be subject to the exclusive jurisdiction of an appropriate court in Seattle, Washington, and the parties hereby waive their right to have any such claim tried or brought elsewhere. The prevailing party in any action under this agreement shall be entitled to recover reasonable attorney’s fees.
13) Severability. If any of the terms and conditions of this Agreement are held to be invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted.

Website Terms of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Mervin web site located at www.mervin.com and all associated sites linked by Mervin, its subsidiaries and affiliates, including Mervin websites around the world (collectively, the “Site”). The Site is the property of Mervin Head, Inc. (“Mervin”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Mervin reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Mervin grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Mervin, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Mervin’s express prior written consent.
You may use information on Mervin products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Mervin for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Mervin reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Mervin server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Mervin, including any Mervin account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

Harassment in any manner or form on the site, including via e-mail or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Mervin or other employee, host or representative, as well as other members or visitors of the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate the law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Mervin does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the site, Mervin is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Mervin reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, in its sole opinion, (b) fraudulent, deceptive or misleading, (c) in violation of copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Mervin at its sole discretion.

In an attempt to provide increased value to our visitors, Mervin may choose various third-party websites to link to from its own site. However, even if the third party is affiliated with Mervin, Mervin has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Mervin. Mervin has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Mervin’s systems or networks, or any systems or networks connected to the Site or to Mervin.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Mervin on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content 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 Mervin or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms will control with respect to your use of that portion of the Site or the specific service.

Mervin’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Mervin may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Mervin makes no commitment to update the materials on the Site with respect to such products and services. Additional terms and conditions, incorporated in the Legal section of the Site, may apply. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an Mervin ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Mervin immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Mervin or any other user of or visitor to the Site due to someone else using your Mervin ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Mervin ID, password or account at any time without the express permission and consent of the holder of that Mervin ID, password or account. Mervin cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Mervin’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Mervin’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Mervin Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Mervin’s control, and Mervin is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

MERVIN DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Mervin CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Mervin DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Mervin DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Mervin SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Mervin FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Mervin reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Typographical Errors

In the event a Mervin product is listed at an incorrect price due to a typographical error, error in pricing information received from our suppliers, or from a computer hack or other computer glitch, Mervin will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Mervin will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Mervin will issue a credit to your credit card account in the amount of the incorrect price.

Limitation of Liability

Except where prohibited by law, in no event will Mervin be liable to you for any special, indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Mervin has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Mervin 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 Site or any Content, Mervin’s liability will in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Mervin (but not including the purchase price for any Mervin hardware or software products or any AppleCare or similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Mervin, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, parents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Mervin by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Mervin may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Mervin’s rights or property, or the rights or property of visitors to or users of the Site, including Mervin’s customers. Mervin reserves the right at all times to disclose any information that Mervin deems necessary to comply with any applicable law, regulation, legal process or governmental request. Mervin also may disclose your information when Mervin determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Mervin may preserve any transmittal or communication by you with Mervin through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Mervin determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Mervin, its employees, users of or visitors to the Site, and the public.

You agree that Mervin may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Mervin, for which monetary damages would be inadequate, and you consent to Mervin obtaining any injunctive or equitable relief that Mervin deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Mervin may have at law or in equity.

You agree that Mervin may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Mervin does take any legal action against you as a result of your violation of these Terms of Use, Mervin will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Mervin. You agree that Mervin will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Seattle, Washington, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Mervin and you arising out of or in connection with your use of the Site, the parties will attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties will be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Mervin administers and operates the Site from its location in Seattle, Washington, in the United States of America; other Mervin sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Mervin reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect. These Terms of Use constitute the entire agreement between you and Mervin with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Mervin with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Mervin, Mervin will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Mervin’s failure to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by Mervin of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between Mervin and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use will not be interpreted or construed to confer any rights or remedies on any third parties.

Mervin provides access to Mervin international data and, therefore, may contain references or cross references to Mervin products, programs and services that are not announced in your country. Such reference does not imply that Mervin in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site will be deemed to be non-confidential. Mervin will be free to use such information on an unrestricted basis.

Global Privacy Policy

Mervin Manufacturing, Inc. (referred to herein as “Mervin,” “we,” “us,” and “our”), are strongly committed to protecting your privacy and providing a safe online experience for all of our users and subscribers while offering the highest quality user experience to them. Because we gather certain types of information about and from you, our users and subscribers, in order to fulfill your requests and better serve your needs, we feel you should fully understand the terms and conditions surrounding the collection and use of this information. This Privacy Policy discloses what information we gather, how we use it, how to correct or change it, and what steps we take to safeguard personal information provided to us both online and offline. Please read the complete Privacy Policy below, as well as our Terms of Use, and contact us if you have any questions.

What Information Do We Collect About You?

You can use www.mervin.com or any of our other brands or our affiliates’ websites ( collectively, the “Website”) without having an account. You can visit the Website, read articles and other materials, browse merchandise, and check on offerings without giving us any personally identifiable information. You can also contact us about a particular video, picture, audio file or other posting without having an account. Certain other activities on the Website, such as posting comments or product reviews and signing up to receive e-mail updates from Mervin and our affiliates and partners, do not require you to register for an account, but may require that you provide certain personal information such as your name and/or e-mail address. Still other activities, including purchasing products through the Website, require you to register for a user account. To register, you must create a user account, which requires you to provide your e-mail address and select a password. The password you select is used to protect your account from unauthorized access.

Whether or not you register, in order to provide users and subscribers with the most efficient and enhanced personalized service and attention, we may request information about you in certain circumstances and collect certain information automatically. We also use contact lists and other information that are obtained from third-parties. For the convenience of all of our customers and to better serve you, we create and maintain a customer account that includes all the collected personal information we may have with respect to an individual. You can update or correct your contact information or change your preferences about receiving offers and information from us at any time, including changing your preferences about sharing information with third-parties. This Privacy Policy also applies to your use of any Mervin page, platform or application owned, manager or run by a third party, subject to such third party’s applicable policies.

Information You Volunteer

We collect personally identifiable information that you volunteer to us (such as your name, mailing address, e-mail address, phone number, age, gender, hobbies, family information and/or similar demographic information), when you subscribe to, or create an account with, the Website, place an order through the Website (see the section below for more information on subscriptions, account management and orders), enter a contest or sweepstakes through the Website, request a catalog or voluntarily register on the Website. Often this additional information is optional or requested anonymously in connection with a survey. Website visitors may register to receive our e-mail updates, participate in surveys, or enter online contests and sweepstakes. Registration may also be required to purchase products through the Website and participate in certain other features made available on our Website. Sometimes registration can be accomplished by submitting only an e-mail address and password. Other offerings may require the submission of additional information. For example, our Website may ask which disciplines you enjoy most, surfing, skating or snowboarding. Registration forms will indicate what information is required and what information (if any) is optional.

Information Collected Automatically

We may also automatically collect certain other information, including but not necessarily limited to, your IP and referring Website addresses, browser type, domain name and Website access times. This information helps facilitate your online experience on our Website. In addition, we use cookies to track usage patterns on our Website and to control the display of ads, as well as to offer other functionalities (such as screening for age, helping to track items in your shopping basket at websites which offer online shopping opportunities, and “recognizing” you to speed up your log-in when you visit our Website). You can turn off cookies, but that will affect your online experience and you may not be able to complete an order or transaction. Please see below for more detail on cookies.

Other Information

We conduct market research so that we can continually improve our brands and our Website and may purchase or rent lists of potential subscribers or customers from third-parties. Those lists may include information on current subscribers or customers. This information may be included in our database in order to help us serve you better by, for example, minimizing multiple mailings and e-mailings and providing information tailored to your interests.

Publicly Available Information

The name you provide (not your e-mail address) is displayed to other users when you post a comment or product review via our Website. Remember that any comments, product reviews or other information you post is publicly available. Any comments, product reviews or other information that you post or submit to the Website may be redistributed through the Internet and other media channels, and may be viewed by the general public.

What Do We Do With Collected Information?

We use information you provide to fulfill your requests and improve our Website, products and services. We may, from time to time, produce reports for advertisers, sponsors and vendors containing anonymous, aggregate information about our users and subscribers, such as demographic, age and online usage information. This information allows us to provide content and offers that are most relevant to our users and subscribers and to work more closely with advertisers. We do not include any personally identifiable information of our users in these reports.

We use personal information so that we may display or send custom, personalized content to our Website visitors and send newsletters, mail, e-mails, features, promotional material, surveys and other updates, information or offers to our users and subscribers. From time to time, we may also establish business relationships with other persons or entities that we believe to be trustworthy and whose privacy policies are generally consistent with our privacy policy (“Choice Partners”). In such cases we might share and cross-reference information, including personal information about you that will enable our Choice Partners to contact you regarding products and services that you might find of interest.

To serve you better, we may also combine information you give us online, in our stores or through our catalogs. We may also combine that information with publicly available information and information which we receive from our Choice Partners or other third-parties. We use the total mix of information to enhance and personalize your shopping experience with us, communicate with you about our products and events that may be of interest to you, and for other promotional purposes as we determine from time to time.

A user may, at any time, opt out of receiving such information by going to the unsubscribe page and following the instructions on those pages. We also use collected information to evaluate and administer our products and services, fulfill customer requests, announce sweepstakes/contest winners, respond to any future problems, such as difficulties in navigating the Website or accessing certain features, and to gauge user trends to determine what products and services are most popular with users.

We allow users of the Website to send products, articles, videos, pictures or links by e-mail to other parties who may be interested in them. We do not retain any e-mail addresses (unless you are a member who has already voluntarily provided your e-mail address) of either the sender or recipient of such articles or links after they are sent, and we do not share “send a friend” e-mail addresses with third-parties. We also allow users of the Website to share products, articles, videos, pictures or links through certain third-party websites. We provide such links for your reference and convenience only. A link from the Website to a third-party Website does not mean or imply that Mervin endorses the content on that third-party Website or the operator or operations of that third-party Website.

Of course, we use personal information to allow you to subscribe online or to make product purchases on our Website. We and our technical and fulfillment agents, partners and consultants follow carefully proscribed procedures to safeguard credit card data in connection with your transactions and adhere to certain legal requirements.

How Do We Share Personal Information?

Personal information is available to Mervin and the technical and fulfillment agents, partners and consultants who make our Website, products and services available to you. Anonymous information is available to our advertisers, sponsors and promotional and business partners. We share your personal information with third-parties only as described below.

Mervin And It’s Agents

Mervin may access anonymous, aggregate demographic data and any personal information you provide for internal marketing purposes, including sending you notices of sweepstakes winners, new websites, services or products we offer and any other orders. To facilitate subscriptions, catalog requests and orders, Mervin will cache your order information, and create an authorization with a merchant account (e.g., your credit card company). Website hosting firms, technical and database consultants, advertising agencies, order processing partners, customer service partners and fulfillment firms, including firms assisting us in offering contests, sweepstakes and promotions, may have access to personally identifiable information in the course of making our products and services available. All companies working for and with Mervin must comply with our privacy policies, and are not permitted to sell your information to third-parties or to use it except as authorized by us and you, or as permitted or required by law.

Participating Vendors

We may offer opportunities to make purchases online from special participating vendors. If we do so, we will also give participating manufacturers, retailers, wholesalers or distributors the order information and authorization for the merchant bank. Any time you order from a participating vendor, that vendor will automatically have all the information related to the order. Participating vendors have their own privacy policies, and they may use that information to advise you directly of other products and offerings that they provide. Mervin is not responsible for these third-parties’ respective privacy policies, and we urge you to inquire about their information collection and use practices. In addition, all vendors will receive the same anonymous, aggregate data that our advertisers receive.

Credit Card Companies

As in any transaction, your credit card company will have all relevant information about the name of the vendor, item(s) purchased, date, total cost and other information necessary to process the transaction. Mervin will not otherwise provide any personal data to your credit card company without your permission.

Advertisers, Sponsors and Promotional and Business Partners

We share anonymous, aggregate demographic information (such as gender, age, income, hobbies, interests, etc.), and anonymous information obtained from cookies and similar technologies, with our advertisers, sponsors, promotional and business partners, and participating vendors. No personally identifiable information is disclosed to any of these third-parties in providing these reports. Credit card numbers, bank account numbers and passwords are not shared with advertisers, sponsors or promotional partners, and are only shared with the specific vendors with whom you place an online order.

Information which we obtain in non-Internet transactions or sweepstakes is handled differently. We may share offline contact information with third-parties, who may send you offers or information about their products or services. You must opt out if you do not wish to receive information from third-parties or us by mail.

Your e-mail address is not shared with third-parties unless you agree to receive information, by opting in, from third-parties. In other words, we may extend e-mail offers to users or subscribers on behalf of our business partners about a particular product or service that may be of interest to you, but only if you have indicated that you would like to receive these offers. If you wish to receive such offers, we will not share or disclose your name or e-mail address to those business partners, but will send you the information or offers on their behalf. As a result, although Mervin may receive a fee from our business partners for this service, Mervin sends the offers so that your personal information is never shared with any outside third-party. Of course, you may opt out of receiving these offers at any time.

Sometimes we will give you the opportunity to opt in to receive e-mail offers from third-parties not affiliated with Mervin. If you decide to accept these offers, we will provide, with your consent, your contact information to the third-party. On our Website, visitors will also have opportunities to sign up directly with certain advertisers and sponsors to enter contests or sweepstakes or to receive e-mail updates and other information directly from them. Third-party vendors and advertisers will also use technical and other consultants. We urge visitors to review carefully the privacy policies of these firms. Mervin is not responsible for the privacy policies and procedures of any third-party.

You should be aware that if you voluntarily disclose information, personal or otherwise, online in any community area (whether through the Website or any other service available online), that information can be collected and used by others. For example, if you use chat, forums, bulletin boards, blogs or message boards, or if you post personal information online (such as your e-mail address), you may receive unsolicited messages from others. Mervin has no control over this use of your personal information.

Important Note

We reserve the right to use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our Website and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.

How Do We Use Cookies?

Your web browser offers so-called “cookies” which, if you allow their use, store small amounts of data on your computer when you visit a website. Cookies do not contain any personally identifiable information about you and therefore cannot be used to identify you personally. However, cookies assist us in tracking which of our features you like best and make it easier to use the Website. We use a cookie in order to retain the contents of your shopping cart while you browse the Website. Cookies also enable us to customize our content according to your preferences. You have the ability to accept or decline cookies by modifying your browser. Although our Website is viewable even if you disable the cookie function on your browser, if you disable cookies, some advanced and customized features or offerings will not be available to you. Our third-party advertisers may also use cookies.

How Do We Use Web Beacons?

Some pages on the Website may contain electronic images known as web beacons, which are also called “single-pixel gifs.” These images allow us to count users who have visited those pages and to deliver co-branded services. We also may include web beacons in promotional e-mail messages or newsletters in order to count how many messages have been opened and acted upon. Web beacons are not used to access your personally identifiable information but they are a technique we use to compile aggregated statistics about our Website usage. Web beacons collect only a limited range of information, including the time and date of page view, cookie number and description of the page on which the web beacon resides. Some of our web pages may also contain web beacons placed there by our advertising partners to help us determine the effectiveness of our advertising campaigns.

What About Third-Party Advertisers?

Some of the third-party content displayed in our Website is provided by outside companies. This content may contain cookies and may also contain web beacons. Unlike cookies and web beacons used by Mervin in content we control on our Website, we do not have access to information collected from cookies or web beacons received in connection with third-party content. While we use third-parties which we believe are reputable to serve some or all of the content placed within our Website, third-parties may use information (not including personally identifiable information) about your visits to our Website to assist in serving their third-party content to you. They may also share anonymous information with their clients such as date/time of the content shown, the specific content shown, the IP address and other similar information.

How Can You Control Your Personal Information?

We believe that choice in how and when you are contacted is key to customer satisfaction. Therefore, we offer several ways for you to update your contact information and/or change your preferences.

If you have a user account at our Website, you may be able to log on and update or change your contact or account information.
You may unsubscribe to any of our e-mail updates by following the unsubscribe instructions in the body of any e-mail message.
You may write to us and update your contact information or ask that we not share your personal contact information with third-parties at:

Mervin Time
Attn: Privacy Coordinator
3400 Stone Way N #200
Seattle, WA 98103

In those instances, we will retain your information in a “do not promote” file in our database.
You may also contact us via email at webmaster@Mervin.com.

We will take commercially reasonable steps to implement your opt-out requests promptly; but you may still receive promotional information from us by mail for up to 60 days due to printing and mailing schedules, and up to 10 days for e-mail. You may also continue to receive information from those third-parties to whom your information was previously disclosed pursuant to their respective privacy policies.

Security of Your Personal Information

We use Secure Sockets Layer (SSL) technology to encrypt important information, such as your credit card data, in an effort to prevent unauthorized access during transmission of your orders over the Internet. We incorporate standard industry practices internally and with our service providers, which we believe suits the degree of sensitivity of the information involved to maintain the security of your personal information and to avoid its disclosure except as described in this Privacy Policy. Your personal information may also be protected by the password you created when you registered for a user account at our Website. The confidentiality of any password is yours to protect. You may change it at anytime by following the instructions on the Website where you registered.

Although we have implemented systems and procedures to secure the data maintained by us, security during Internet transmissions can never be assured. Our policy is to limit access to personal data to those Mervin employees or agents with a specific need to access or retrieve this information. We store data on multiple service systems, in controlled environments. To maintain security, we conduct internal reviews of our security measures on a regular basis. Remember, however, that any personal information you post in comments, product reviews or elsewhere on the Website is available to anyone.

Children’s Privacy

The Website may include features or material that may be appealing to children under the age of 13. Mervin is strongly committed to protecting the safety and privacy of children who visit our Website. We do not knowingly collect personal information online from children under 13 and have adopted techniques to age-screen users on our Website to ensure compliance with this Privacy Policy and the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations under United States federal law protect the privacy of children using the Internet. Our Website may include material and features that we believe to be unsuitable for children under 13 and which are not necessarily monitored. We encourage all parents to talk to their children about online safety and to monitor their children’s use of the Internet.

Changes in Corporate Structure

In developing our business, we may engage in the sale of certain assets and the company itself, or parts of it, may be sold, merged or otherwise transferred. In such transactions and changes in ownership, user information, whether personally identifiable or otherwise, may constitute one of the transferred assets. Mervin will notify affected users in accordance with the procedure for changing this Privacy Policy described below.

Visitors and Subscribers Outside the United States

Our Website and the servers that make the Website available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to the Website. Any information you provide in subscribing to our Website or registering or ordering at our Website will be transferred to the United States. By visiting our Website and submitting information, you authorize this transfer, processing and use.

Changes to Our Privacy Policy

We will occasionally update this Privacy Policy as necessary to protect our users and to comply with a changing environment. We recommend that you check the Privacy Policy when you visit our Website to be sure that you are aware of and understand our current policy. If we make material changes to this policy, or in how we use or collect your personally identifiable information, we will prominently post such changes. We will not make any retroactive material changes in how we handle previously collected personal information unless you allow us to do so, or unless we are legally required to do so, and in such a case we will e-mail registered Website visitors information on material changes to this Privacy Policy.

Contact Information

If you have any questions about this Privacy Policy or our privacy practices, please e-mail us at webmaster@mervin.com. Please include the URL of the Website and/or specific page within the Website involved in your request.

Or you can contact us by mail at:

Mervin Time
Attn: Privacy Coordinator
3400 Stone Way N #200
Seattle, WA 98103

Intellectual Property

Unsolicited Idea Submission Policy

The purpose of this policy is to avoid potential misunderstandings or disputes when Mervin products or marketing strategies might seem similar to ideas submitted to us.

Mervin does not accept or consider unsolicited ideas, including ideas for new marketing or advertising campaigns, no promotions, new or improved products or technologies, product enhancements, processes, materials, or product names. Please do not submit any unsolicited ideas, original works of art, suggestions or other works (collectively “submissions”) in any form to Mervin or any of its employees. If, despite this request, you still send any submissions to us, regardless of what your letter or other communication may say, the following terms will apply to your submissions.

Terms of Idea Submission

You agree that: (1) your submissions and their contents will automatically become the property of Mervin, without any compensation to you; (2) Mervin may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Mervin to review the submission; and (4) there is no obligation to keep any submissions confidential.

Product Feedback

Mervin does, however, welcome your feedback regarding many areas of Mervin’s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at contact, or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on our existing products or marketing strategies; do not include any ideas that our policy will not permit it to accept or consider.

Feedback and Information

Any feedback you provide at this site will be deemed to be non-confidential. Mervin will be free to use such information on an unrestricted basis.

Copyrights

All content included on this site, including but not limited to the text, graphics, images, and code, as well as any individual images or photographs, are copyrighted under the United States and other copyright laws, and is the exclusive property of Mervin Manufacturing, Inc.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Mervin or purchasing Mervin products. You may display, and subject to expressly stated restrictions or limitations relating to specific content, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Mervin or to purchase Mervin products. You further agree not to change or delete any proprietary notices from materials downloaded or printed from the site.

Any other use, including any reproduction, distribution, display or transmission of the content of this site or individual images or photographs on this site is strictly prohibited.

© 1977-2016 Mervin Manufacturing, Inc. All Rights Reserved.

Patents

Mervin is the owner of the following United States patents, which may apply to the Mervin products identified. These products may also be covered by other U.S. patents, pending U.S. patents, or foreign equivalents (issued or pending), relating to the identified patents.

• Patent #7823892
• Patent #8511704

Supply Chain Disclosure

On January 1, 2012, the California Transparency in Supply Chains Act of 2010 goes into effect. This new law is designed to address the difficulty of policing slavery and human trafficking crimes by requiring certain companies that do business in California disclose their efforts to eradicate such activity from their supply chains.

At our core is the belief that how we achieve success is just as important as success itself. We strive to ensure that our products are manufactured in a responsible and ethical manner. With respect to the absence of slavery and human trafficking in our supply chain, we specifically undertake the following actions:

Supply Chain Assessment

Mervin requires that all of its suppliers to affirmatively disclose certain information relating to the manner in which it conducts its operations. Included in this process is the Supplier Social Responsibility Self-Assessment Questionnaire which touches upon a number of topics including the following:

• Labor Practices;
• Health & Safety;
• Environmental Impact; and
• Core Values & Ethics.

Mervin then uses this information as a basis from which to conduct audits by specially trained Mervin employees to validate the information provided.

Supplier Audits

All suppliers are subject to audits by specially trained Mervin employees which are typically scheduled in advance. These on-site factory visits are supplemented by document reviews/desk audits.

In conducting all supplier audits, emphasis is placed on the following areas:
• Management Accountability and Responsibility;
• Documentation and Records;
• Training and Communication; and
• Corrective Action Process.

Supplier Certification

As part of our evaluation process, we require our suppliers to certify that the materials incorporated into the products comply with local regulations regarding slavery and human trafficking. In addition, all contractual agreements, including purchase order terms and conditions require our suppliers to reaffirm their commitment to compliance with local laws.

Accountability Standards

If we believe that a supplier is not in compliance with its representations, contractual commitments or legal obligations, we will provide the supplier with the opportunity to remedy any potential non-compliance through the implementation of a corrective action plan, which will include a subsequent audit by key Mervin personnel. Should the supplier continue to fail to meet its obligations, we will seek to eliminate such supplier from our supply chain.

Training Programs

Mervin places great importance in providing its employees with the resources necessary to effectively and efficiently fulfill their job responsibilities. With this in mind, all key Mervin supply chain audit personnel receive training from Social Accountability International with an emphasis on SA8000 auditing standards as it relates to social responsibility audits.

Accessibility

Mervin is committed to improving the accessibility of our websites and electronic communications. Working with a retained accessibility consultant, Mervin is striving for the highest level of accessibility for people with disabilities.

Over time we will be implementing relevant portions of the Section 508 Web Accessibility Standards developed by the United States Access Board, as well as the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines 2.0. With our consultant’s assistance, we will test our materials with assistive technology such as screen readers and screen magnifiers, and with users with disabilities who use these technologies. These processes will promote accessibility for everyone, regardless of disability or device used to access information on our websites and electronic communications.

Below are some of the steps we are or will be taking to ensure the accessibility of our online materials.

• All images will contain appropriate alternative text
• Form elements will be properly labeled
• Data tables will contain headers where appropriate
• Headings will be used throughout the site
• Multimedia (video or audio clips) will be captioned and/or described
• All areas of the website will be operable without the use of a mouse
• Foreground/background color schemes will provide adequate contrast
• Information will not be conveyed through the use of color alone
• Links will be worded to make sense when read out of context
• A method will be provided to bypass repetitive navigational links
• Text will be resizable in all browsers

Please be aware that our efforts are ongoing; as a result there may be areas of our sites that are less accessible than others during a given period of time.