POLICIES AND INFORMATION

Last Updated: July 7, 2025

Click here or contact us for an electronic copy of the following policy:

PLEASE BE ADVISED THAT THESE TERMS OF SERVICE CONTAIN MUTUAL DISPUTE RESOLUTION PROVISIONS THAT INCLUDE AN ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS. IT AFFECTS HOW DISPUTES WITH MAMBÍ AND ITS OWNERS AND AFFILIATES ARE RESOLVED. YOU AGREE TO BE BOUND BY THE DISPUTE RESOLUTION PROVISIONS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN THERE IS IN LITIGATION. PLEASE REVIEW THE DISPUTE RESOLUTION PROVISIONS CAREFULLY.

I. TERMS OF SERVICE

The Mambí brand and trademark (“Mambí”), as well as the Shopify® e-commerce store and the www.mambigear.com web domain upon which the store was built (the “Website”) are owned and operated by Ramirez Designs Limited, a Pennsylvania Limited Liability Company. Throughout this Website, the terms “we,” “us,” and “our” refer to Mambí and Ramirez Designs Limited (collectively, “RDL”). RDL offers this Website, which includes, without limitation, all information, tools, products, and services available on this Website (collectively, the “Service”), to you, a user of the Service, upon the strict condition that you accept all terms, conditions, policies, statements, and notices contained or otherwise referenced herein (collectively, these “Terms of Service”). For an avoidance of doubt, these Terms of Service apply to all users of this Website, including, without limitation, those who are browsers, vendors, clients, customers, merchants, partners, affiliates, creators, publishers, and/or contributors of content.

Carefully read and agree to these Terms of Service prior to accessing or using the Service. By accessing or using any part of the Service, or otherwise agreeing to these Terms of Service, you agree to be bound by them. If at any time, you do not agree to these Terms of Service, please cease any further use of the Service. You will be deemed to have accepted these Terms of Service, and any changes thereto, by accessing or using this Website or any other part of the Service.

Any new features, information, tools, and services which are, hereinafter, added to the Service shall be subject to these Terms of Service. You can review the most current version of these Terms of Service on this Website at any time, or by sending an email to support@mambigear.com with a request an electronic copy. We reserve the right to update, change, supplement, and/or replace any part of these Terms of Service, at any time and without notice, by posting and publishing such update, change, supplement, and/or replacement on this Website. The effective date of these Terms of Service is set forth in the document header and on the page(s) of this Website upon which these Terms of Service are published. You are encouraged to check the effective date of these Terms of Service and review any changes thereto. It is your responsibility to obtain and review the most current version of these Terms of Service. By accessing or using any part of the Service, you agree to be bound by these Terms of Service and any updates, changes, supplements, and/or replacements thereto.

By agreeing to these Terms of Services, you represent that you are at least of the age of majority in your state or province of residence, or that you are at least of the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to access this Website or otherwise use the Service.

Please note this Website is hosted and powered by Shopify, Inc. We work with Shopify because they provide us with the e-commerce technology and platform that allows us to provide the Service and sell our products to you online.

II. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION ON THIS WEBSITE

We are not responsible if any information on the Service is inaccurate, incomplete, or outdated. The content on the Service is provided solely for general information and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the content on the Service is at your own risk. The Service may contain certain historical information. Such information is not necessarily current and is provided solely for your reference. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information thereunder. You agree that it is your responsibility to monitor for changes to the Service.

We may provide you with access to third-party tools and services that we neither monitor nor control. You acknowledge and agree that we provide access to such tools on an “as is” or “as available” basis, without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability whatsoever for any action or dispute arising in connection with your use of any third-party tools. Any use of third-party tools made available to you on the Service is entirely at your own risk and discretion, and you should ensure that you are familiar with, and approve of, the terms on which such tools are provided by the respective third-party provider(s).

III. ORDERS, PROHIBITION ON RESELLING, AND PRICE

The content on this Website does not constitute a binding offer to sell products described or otherwise made available for purchase on the Service, nor does it make such products available in your geographic area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your form of payment has been charged. You may not purchase any item from the Service for resale without an approved Wholesale Account. The prices displayed on the Service are quoted in U.S. dollars and are intended to be valid and effective only in the United States. Prices are subject to change without notice. If a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for such product, regardless of whether the order has been confirmed or your form of payment charged. If your form of payment has been charged for the purchase and your order is cancelled, we will issue a credit to your original form of payment.

You agree to provide current, complete, and accurate payment, shipping, and contact information for all purchases made on the Service. You agree to promptly update such information so that we can complete your transactions and contact you as needed.

IV. PRODUCTS AND SERVICES

Certain products and services may be available exclusively through the Service. There may be limited quantities of these products and services, and they could be deemed ineligible for return or exchange under our Return and Exchange Policy.

We have made every effort to display, as accurately as possible, the colors and images of products in our catalog. The specifications and graphics settings of your phone, tablet, computer, or other electronic device and its display could affect the accuracy of its display of the colors of products on the Service. We cannot guarantee that your phone, tablet, computer, or other electronic device will render the colors and images accurately.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction.

V. WEBSITE CONTENT

All content on the Service – including, without limitation, text, design, font, graphics, logos, icons, images, video and audio clips, downloads, interfaces, code, and software – is the exclusive property of and owned by RDL, its licensors, its vendors, or its content providers, and is protected by copyright, trademark, and other applicable law. You may access, copy, download, and print the material contained on the Service for your personal and non-commercial use, provided that you do not modify or delete any copyright, trademark, or other proprietary notice that appear on the material you access, copy, download, or print. Any other use of content made available on the Service, including, but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from any material, information, software, products, or services obtained from the Service, or use of the Service for purposes competitive to RDL, is expressly prohibited. We reserve the right to refuse or cancel any person’s registration for the Service, remove any person from the Service, or prohibit any person from using the Service for any reason whatsoever.

RDL or its licensors, vendors, and/or content providers, retain full and complete title to the material provided on the Service and made available through the Service, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in RDL’s sole discretion. We neither warrant nor represent that your use of materials on the Service will not infringe the rights of third parties not affiliated with RDL.

We are not responsible for any links to third-party websites that are not affiliated with RDL. These links are provided as a convenience to you, and as an additional manner of access to the information contained therein. They should not be construed as an endorsement of the third-party website or any content published therein. We are not responsible for examining or evaluating the content or accuracy of information published on third-party websites, and we do not warrant or represent that your use of such content will not infringe the rights of third parties not affiliated with RDL. are not liable for any third-party websites or content published on such websites. We are not liable for any losses, damages, or harm that you may incur as a result of your use of a third-party website. Any complaints, claims, concerns, or questions that you have regarding third-party content and/or products should be directed to that third-party.

You may not use contact information provided through the Service for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper operation of the Service or to surreptitiously intercept any system, data, or personal information from the Service. You agree to not interrupt or attempt to interrupt the operation of the Service in any way. We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Service at any time and without notice. You are personally liable for any orders that you place, or charges or other liabilities that you incur, prior to termination. Termination of your access or use will not waive any other right or relief to which RDL may be entitled, at law or in equity.

VI. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

You acknowledge that you are responsible for any material that you submit through the Service, including the legality, reliability, appropriateness, originality, and ownership or copyright protection of any such material. You may not upload to, distribute, or otherwise publish through the Service any content that: (1) is false, fraudulent, libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, racist, disparaging, insulting, intimidating, illegal, objectionable, or discriminatory on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (2) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law; or (3) may contain software viruses, political speech, chain letters, mass mailings, or any form of spam. You may not use a fictitious email address or other identifying information, impersonate any person or entity, or otherwise mislead RDL or any users of the Service as to the origin of any content. You may not upload commercial content onto the Service.

If you do submit material, and unless we indicate otherwise, you grant RDL and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media. You grant RDL and its affiliates the right to use the name you submit in connection with such material. You represent and warrant that: (a) you own or otherwise control the rights to any content that you submit; (b) the content is accurate; (c) use of the content you submit does not violate any provision of these Terms of Service; (d) the content will not cause injury to any person or entity; and (e) that you will indemnify RDL for any and all claims arising from the content that you submit.

Please note that all personal information, including non-public personal information, that you provide to the Service will be governed in accordance with our Privacy Policy and as required by applicable law.

VII. YOUR ACCOUNT

Some features available through the Service will require registration. By registering and in consideration of your use of the Service, you agree to provide true, accurate, current, and complete information about yourself.

Some features available through the Service require the use of a password. You are responsible for safeguarding your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe that your password has been lost, stolen, or used without your permission, please notify us immediately. We will assume that any communications received under your password have been made by you unless we are notified to the contrary.

VIII. PROTECTED CONTENT

The trademarks, logos, badges, and service marks displayed on the Service are registered and unregistered trademarks of Ramirez Designs Limited, its licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on the Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Service without the owner’s prior written permission, except as otherwise described herein. RDL reserves all rights not expressly granted in and to the Service and its content.

IX. DISCLAIMERS

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. RDL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SERVICE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RDL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OF ANY KIND. RDL MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SERVICE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. PLEASE NOTE THAT BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, THIS DISCLAIMER MAY NOT APPLY TO YOU.

X. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT THE SERVICE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RDL NOR OUR AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE SERVICE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, OUR REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RDL, OUR AFFILIATES, OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER RDL NOR OUR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH RDL IS TO DISCONTINUE YOUR USE OF THE SERVICE. YOU AND RDL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

XI. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ramirez Designs Limited and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Service and any violation of these Terms of Service. If you cause a technical disruption of the Service or the systems transmitting the Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Ramirez Designs Limited reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Ramirez Designs Limited in the defense of such matter.

XII. APPLICABLE LAW

The laws of the Commonwealth of Pennsylvania govern these Terms of Service and your use of the Service, without regard to conflicts of law. We recognize that it is possible for you to obtain access to the Service from any jurisdiction in the world, but we have no practical ability to prevent such access. The Service has been designed to comply with the laws of the Commonwealth of Pennsylvania and of the United States. If any material on the Service, or your use of the Service, is contrary to the laws of the place where you are when you access it, the Service is not intended for you, and we ask you to refrain from using the Service. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

XIII. DISPUTES

UNLESS OTHERWISE PROHIBITED BY LAW, YOU MUST PROVIDE NOTICE TO RAMIREZ DESIGNS LIMITED, PURSUANT TO THE PROCEDURES SET FORTH IN THIS AGREEMENT, OF ANY CLAIM WITHIN ONE (1) YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE WAIVED AND TIME-BARRED.

For purposes of the dispute resolution provisions in these Terms of Service, “Ramirez Designs Limited” shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. Ramirez Designs Limited and you agree to arbitrate all disputes and claims between you and Ramirez Designs Limited, except for claims arising from bodily injury or death (“Dispute”). Dispute shall be broadly interpreted and shall include but not be limited to: (1) claims arising out of or relating to any aspect of the relationship between you and Ramirez Designs Limited, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory; (2) claims that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising; (3) claims for mental or emotional distress or injury not arising out of bodily injury; (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (5) claims that may arise after the termination of this Agreement. Notwithstanding the foregoing, either party may elect to have a Dispute heard in small claims court, which shall seek only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This election may be made at any time prior to the appointment of an arbitrator. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. In addition, each party retains the right to bring issues to the attention of any federal, state, or local government agencies.

This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, and federal arbitration law apply and govern the interpretation and enforcement of the dispute resolution provisions in these Terms of Service. The dispute resolution provisions shall survive termination of the Terms of Service.

Please note there is no judge or jury in arbitration, and judicial review of an arbitration award is limited.

XIV. COMMENCING DISPUTES

Prior to commencing an arbitration proceeding, you must first send a letter describing your claim to Ramirez Designs Limited, 1075 Main Street, No. 1009, Warrington, Pennsylvania 18976, with a copy sent by email to legal@ramirezlimited.com (“Notice”). The Notice must include your name, address, telephone number, email address, sufficient information for Ramirez Designs Limited to identify any transaction at issue; and a detailed description of (1) your Dispute; (2) the nature and basis of your claims; and (3) the nature and basis of the relief sought. You must personally sign the letter. You and Ramirez Designs Limited agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference should Ramirez Designs Limited request one. You must personally appear at and participate in the telephone conference (if you are represented by counsel, your counsel may also participate). This process should lead to resolution of the Dispute, but if for some reason it is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you may commence an arbitration. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. A court of appropriate jurisdiction shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully complete Notice and participating in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any arbitration unless the claimant has complied with the Notice and informal dispute resolution process.

Arbitrations shall be administered by the American Arbitration Association (“AAA”), pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this arbitration provision that is in effect when a party commences an arbitration proceeding with AAA. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). The party initiating the arbitration proceeding may open a case with the AAA by visiting its website or calling its toll-free number. You may deliver any required or desired notice to Ramirez Designs Limited, 1075 Main Street, No. 1009, Warrington, Pennsylvania 18976, with a copy sent by email to legal@ramirezlimited.com. If there is a conflict between these dispute resolution provisions and the AAA Rules, these dispute resolution provisions shall govern. If AAA will not administer a proceeding under these dispute resolution provisions as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under these dispute resolution provisions as written.

Payment of filing and other fees shall be governed by the AAA Rules. If the arbitrator finds that either the substance of a claim, counterclaim, or relief sought in connection with the arbitration was frivolous or was brought for harassment or an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), either party will have the right to recover its arbitration fees and expenses. In addressing its determination, the arbitrator may consider, among other things, whether a party previously offered full relief to the other party, including, but not limited to, a full refund of the sum paid for items purchased. In addition, the provisions of Rule 68 of the Federal Rules of Civil Procedure shall apply and be enforced by the arbitrator.

Each party may incur attorneys’ fees during the arbitration. Each party will bear its own attorneys’ fees, except in the following circumstances. If applicable law permits a prevailing party to recover attorneys’ fees, the prevailing party may seek fees as applicable law permits.

XV. ARBITRATION

The arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both parties pursuant to the AAA Rules.

If your claim is for $10,000 or less, you may elect that the dispute be resolved without an oral hearing, unless the arbitrator requests otherwise. Notwithstanding the forgoing, if requested by Ramirez Designs Limited, you agree to personally appear (along with your counsel if you are represented) at an individualized telephone conference with a case manager before an arbitrator is appointed. Any in-person attendance by you (and your counsel if you are represented) shall take place in the location of your county of residence.

The arbitrator is bound by the terms of this Agreement as a court would be. All issues are for the arbitrator to decide, except for specific issues otherwise provided elsewhere in these dispute resolution provisions and issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration, which shall be for the court to decide. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the Parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different parties.

XVI. AMENDMENTS

We reserve the right, in our sole discretion, to change these Terms of Service at any time by publishing amended Terms of Service on the Service. It is your responsibility to check periodically for any changes we may make to these Terms of Service. You will have been deemed to have accepted any changes by, among other things, your continued access or use of the Service following the posting of changes to these Terms of Service and/or other RDL policies that are published on the Service.

No waiver of any of the provisions of these Terms of Service will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other provision of these Terms of Service.

XVII. ENTIRE AGREEMENT

This agreement and any policies or operating rules posted on the Service constitute the entire agreement and understanding between you and Ramirez Designs Limited with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Service shall be admissible in judicial or administrative proceedings based on or relating to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

XVIII. SEVERABILITY

Except as otherwise provided herein, if any provision of this Agreement is unlawful, void, or unenforceable, the remaining provisions of the Agreement will remain in place.

XIX. TERMINATION AND SURVIVAL

The terms and conditions of these Terms of Service are effective unless and until terminated by either you or RDL. You may terminate these Terms of Service at any time by ceasing any further use of the Service. Our termination of your account and/or access to the Service shall be deemed termination of these Terms of Service.

The dispute resolution provisions of these Terms of Service, as well as the obligations and liabilities of all parties, shall survive the termination of this Agreement in perpetuity.

XX. CONTACT INFORMATION

Questions about these Terms of Service, the Service, and/or this Website should be directed to support@mambigear.com.

Last Updated: July 7, 2025

Click here or contact us for an electronic copy of the following policy:

I. INTRODUCTION

The Mambí brand and trademark (“Mambí”), as well as the Shopify e-commerce store and the www.mambigear.com web domain upon which the store was built (this “Website”), are owned and operated by Ramirez Designs Limited, a Pennsylvania Limited Liability Company (“RDL”).

RDL operates this Website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Service”).

This Privacy Policy describes how RDL collects, uses, and discloses your personal information when you visit, use, or make a purchase or other transaction using the Service, or otherwise communicate with us. If there is a conflict between our Terms of Service and this Privacy Policy, this Privacy Policy controls solely with respect to the collection, processing, and disclosure of your information.

Please read this Privacy Policy carefully. By using and accessing any part of the Service, you acknowledge that you have read this Privacy Policy and understand the collection, use, and disclosure of your information as described in this Privacy Policy.

II. PERSONAL INFORMATION WE COLLECT OR PROCESS

When we use the term "personal information," we are referring to information that identifies or can reasonably be linked to you or another person. Personal information does not include information that is collected anonymously or that has been de-identified, so that it cannot identify or be reasonably linked to you. We may collect or process the following categories of personal information, including inferences drawn from this personal information, depending on how you interact with the Service, where you live, and as permitted or required by applicable law.

i. Contact Details

1. Including your name, address, billing address, shipping address, phone number, and email address.

ii. Financial Information

1. Including your credit card, debit card, and financial account numbers, payment card information, financial account information, transaction details, form of payment, payment confirmation, and other payment details.

iii. Account Information

1. Including your username, password, security questions, preferences, and settings.

iv. Transaction Information

1. Including the items you view, put in your cart, add to your wishlist, or purchase, return, exchange, or cancel, and your past transactions.

v. Communications with Us

1. Including information that you include in communications with us, for example, when sending a customer support inquiry.

vi. Device Information

1. Including information about your device, browser, or network connection, your IP address, and other unique identifiers.

vii. Usage Information

1. Including information regarding your interaction with the Service, including how and when you interact with or navigate the Service.

III. PERSONAL INFORMATION SOURCES

We may collect personal information from the following sources:

i. Directly from You

1. Including when you create an account, visit or use the Service, communicate with us, or otherwise provide us with your personal information.

ii. Automatically through the Service

1. Including from your device when you use our products or services or visit this Website, and through the use of cookies and similar technologies.

iii. From our Service Providers

1. Including when we engage them to enable certain technology, and when they collect or process your information on our behalf.

iv. From our Partners or Other Third Parties

IV. HOW WE USE YOUR PERSONAL INFORMATION

Depending on how you interact with us or which part(s) of the Service you use, we may use personal information for the following purposes:

i. Provide, Tailor, and Improve the Service

1. We use your personal information to provide you with the Service, including to perform our contract with you; to process your payments; to fulfill your orders, to remember your preferences and items that you are interested in; to send notifications to you related to your account; to process purchases, returns, exchanges or other transactions; to create, maintain and otherwise manage your account; to arrange for shipping; to facilitate any returns and exchanges; to enable you to post reviews; and to create a customized shopping experience for you, such as recommending products related to your purchases. This may include using your personal information to better tailor and improve the Service.

ii. Marketing and Advertising

1. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising, and promotional communications by email, text message, or postal mail, and to show you online advertisements for products or services on the Service or this Website, including based on items you previously have purchased or added to your cart and other activity on the Service.

iii. Security and Fraud Prevention

1. We use your personal information to authenticate your account; to provide a secure payment and shopping experience; to detect, investigate, or act regarding possible fraudulent, illegal, unsafe, or malicious activity; to protect public safety; and to secure our Service.
2. If you choose to use the Service and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password or other access details with anyone else.

iv. Communicating with You

1. We use your personal information to provide you with customer support; to be responsive to you; to provide effective services to you; and to maintain our business relationship with you.

v. Legal Reasons

1. We use your personal information to comply with applicable law and to respond to valid legal process, including requests from law enforcement or government agencies; to investigate or participate in civil discovery, potential or actual litigation, or other adversarial legal proceedings; and to enforce or investigate potential violations of our Terms of Service or related policies.

V. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

1. Disclosure to Shopify, vendors, and other third parties who perform services on our behalf (e.g., information technology, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
2. Disclosure to business and marketing partners to provide marketing services and advertise to you. For example, we use Shopify to support personalized advertising with third-party services based on your online activity with different merchants and websites. Our business and marketing partners will use your information in accordance with their own privacy practices. Depending on where you reside, you may have a right to direct us to not share information about you for the purpose of showing you targeted advertisements and marketing based on your online activity with different merchants and websites.
3. Disclosure when you direct us, request from us, or consent to our disclosure of certain information to third parties, such as to ship products to you, or through your use of social media widgets or login integrations.
4. Disclosure to our affiliates, or within our corporate structure.
5. Disclosure in connection with a business transaction, such as a merger or bankruptcy; to comply with any applicable legal obligations (including the order of a court of proper jurisdiction, and responses to subpoenas, search warrants, and similar requests); to enforce any applicable Terms of Service or related policies; and to protect or defend the Service, our rights, and the rights of our users or others.

VI. RELATIONSHIP WITH SHOPIFY

Service is hosted and powered by Shopify, which collects and processes personal information about your access to and use of the Service in order to provide and improve the Service for you. Information that you submit to the Service will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide and improve the Service for you. In addition, to help protect, grow, and improve our business, we use certain Shopify enhanced features that incorporate data and information obtained from your interactions with the Service, along with other merchants and with Shopify. To provide these enhanced features, Shopify may make use of personal information collected about your interactions with our store, along with other merchants, and with Shopify. In these circumstances, Shopify is responsible for the processing of your personal information, including for responding to your requests to exercise your rights over use of your personal information for these purposes. To learn more about how Shopify uses your personal information and any rights you may have, please review the Shopify Consumer Privacy Policy. Depending on where you live, you may exercise certain rights with respect to your personal information by visiting the Shopify Privacy Portal.

VII. THIRD PARTY WEBSITES AND LINKS

The Service may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies, as well as their other terms and conditions. We do not guarantee, and are not responsible for, the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information that you provide on public or semi-public venues, including information that you share on third-party social networking platforms may also be viewable by other users of the Service and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Service.

VIII. CHILDREN

The Service is not intended to be used by children, and we do not knowingly collect any personal information about children under the age of majority in your jurisdiction. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted. As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined under applicable law) personal information of individuals under 16 years of age.

IX. SECURITY AND RETENTION OF YOUR INFORMATION

Please be advised that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide you with the Service, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

X. YOUR PRIVACY RIGHTS AND CHOICES

Depending on where you live, you may have some or all of the rights listed below in connection with your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

i. Right to Access or Right to Know

1. You may have a right to request access to personal information that we hold about you.

ii. Right to Delete

1. You may have a right to request that we delete personal information we maintain about you.

iii. Right to Correct

1. You may have a right to request that we correct inaccurate personal information we maintain about you.

iv. Right of Portability

1. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.

v. Right to Opt-Out of Sale or Sharing for Targeted Advertising

1. Depending on where you reside, you may have a right to opt out of the "sale" or "share" of your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in applicable privacy laws.

vi. Managing Communication Preferences

1. We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

You may exercise any of these rights where indicated on the Service, including the My Privacy Choices page, or by contacting us by email at privacy@mambigear.com. To learn more about how Shopify uses your personal information and any rights that you may have, including rights related to any of your data that has been processed by Shopify, please visit: https://privacy.shopify.com/en.

We will not discriminate or retaliate against you for exercising any of these rights. We may need to verify your identity before we can process your requests, as permitted or required under applicable law. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

XI. COMPLAINTS

If you have complaints about how we process your personal information, please contact us by email at privacy@mambigear.com. We will assist you the best of our ability.

Depending on where you live, you may have the right to appeal our decision by contacting us using the contact details set out below or lodge your complaint with your local data protection authority.

XII. INTERNATIONAL TRANSFERS

Please note that we may transfer, store, and/or process your personal information outside of the country in which you reside.

If we transfer your personal information out of the European Economic Area or the United Kingdom, we will rely on recognized transfer mechanisms, such as the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

XIII. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on this website, update the effective date, and provide notice as required by applicable law.

XIV. CONTACT

If you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please contact us by email at privacy@mambigear.com or by phone at 215-598-2419.

Last Updated: July 7, 2025

Click here or contact us for an electronic copy of the following policy:

I. RETURNS AND EXCHANGES

Returns

Our return policy is reasonably designed to accommodate the needs of our customers. All return requests are subject to review and approval. Upon the approval of a return request, customers will generally have the option of receiving a net refund in the form of store credit, or a credit to the original method of payment.

Refunds are subject to applicable discounts applied at the point of purchase, shipping costs, handling and restocking fees, and any other factors that we, in good faith, determine to be relevant during our review.

Customers who opt for a refund in the form of store credit will receive bonus credit in the amount of five percent (5%) of the return value.

There are certain classes of items that cannot be returned. Please see Section IV for more information on these limitations.

All return requests should be submitted through the Mambí Returns Portal, which can be accessed on our website under the “Help” menu by clicking on “Initiate a Return” or by visiting the Portal directly at mambigear.com/apps/17TRACK/returnpage. For the convenience of our customers, all return requests can also be submitted within their Mambí registered account profile.

Exchanges

Our exchange policy is reasonably designed to accommodate the needs of our customers. All exchange requests are subject to review and approval. Upon the approval of a return request, customers will have the option to exchange the item for a different variant (e.g., size, color) of the same item. We currently do not have the ability to process an exchange for a different item.

There are certain classes of items that cannot be exchanged. Please see Section IV for more information on these limitations.

All exchange requests should be submitted through the Mambí Returns Portal, which can be accessed on our website under the “Help” menu by clicking on “Initiate a Return” or by visiting the Portal directly at mambigear.com/apps/17TRACK/returnpage. For the convenience of our customers, all exchange requests can also be submitted within their Mambí registered account profile.

II. SPECIAL SITUATIONS

Damaged or Incorrect Items; Missing Items

Customers should not bear any responsibility for wrong or missing items, or for any item that is damaged in transit. Please contact us by email at support@mambigear.com if you received a damaged or incorrect item, or if an item was missing from your order.

Please ensure that you have photographs and/or videos of the product so that we could take the appropriate action with our carrier(s) and fulfillment partners.

Please note that we are not responsible for packages that are lost, stolen, or damaged after the carrier has completed delivery. We look to the tracking information provided by the carrier in determining the date of delivery.

Defective Items

We proudly stand behind our products and warranty them against manufacturing defects. If you purchase and receive a product that you, in good faith, believe to be defective, we would like to know as quickly as possible so that we could remedy the issue and prevent it from affecting other customers. Please contact us by email at support@mambigear.com if you have a good faith basis to believe that an item you purchased from our website is defective.

III. TIMEFRAME AND EXCEPTIONS

Return and Exchange Period

Customers have fourteen (14) calendar days from the date of delivery to initiate a return.

We rely solely on the tracking information provided by the carrier in determining the date of delivery for purposes of computing the applicable Return and Exchange Period.

We reserve the right, and have sole discretion, to waive the Return and Exchange Period for any customer, at any time, with or without a compelling or exceptional justification for the delay. Please note this is a very limited exception to our Policy.

"Holiday" Return and Exchange Period

We offer an extended return period for items purchased in November and December to provide greater flexibility and convenience during the holiday season (the “Holiday Return and Exchange Period”). Customers have until January 31 to return or exchange items purchased during the preceding Holiday Return and Exchange Period.

Processing Time

Returns and exchanges are subject to review and approval, and are generally processed within five (5) business days, excluding federal holidays.

IV. LIMITATIONS

Exchanges

We allow one (1) exchange of an eligible item. If we have already accepted and facilitated the exchange of an item, we will not accept the return or exchange of the replacement item for which the original item was previously returned and/or exchanged.

Exchanges are subject to availability of the product for which the underlying return has been initiated and completed.

Condition of Item to be Returned or Exchanged

Except for missing items, or items damaged in transit (e.g., prior to delivery), all returned items must be in new and unused condition, unwashed, with original tags and labels attached.

Items should be shipped back in their original or comparable packaging. For returns processed manually (e.g., outside of the Mambí Returns Portal), we also require a Returned Merchandise Authorization (“RMA”), receipt, or other proof of purchase in the return parcel.

Prohibited Items

We do not accept the return or exchange of certain items, including, without limitation, face masks and facial coverings, jewelry, hair ties, scrunchies, bandanas, gaiters, underwear, and swimwear, for reasons of health and hygiene.

We do not accept the return or exchange of items that are “bespoke” in nature or quality, including, without limitation, special-order goods, items made to the customer’s unique specifications, and personalized products.

We do not accept the return or exchange of any items marked as “final sale,” or any item for which a return restriction may apply, and such restriction has been expressly stated on the corresponding product page or advertisement.

We do not accept the return or exchange of any “digital” items, including, without limitation, downloadable software products, open software, online subscriptions, music, movies, e-books, and digital gift cards.

We do not accept the return or exchange of any “health” or “personal care” items, including, without limitation, cosmetics, lotions, fragrances, creams, supplements, toiletries, soaps, and deodorants.

We do not accept the return or exchange of “unsafe” items, such as perishables or products with shipping restrictions, including, without limitation, candles, essential oils, batteries, and pressurized or combustible products.

We do not accept the return or exchange of items with any odor, including, without limitation, the smell of perfume, cologne, deodorant, food, condiments, cigarettes, artificial air fresheners, urine, sweat, and other body odors.

We do not accept the return or exchange of any traditional gift cards, except as may be required by applicable law.

Handling and Restocking Fee

Except for missing items, or items damaged in transit, we generally charge a Handling and Restocking Fee in the amount of twenty percent (20%) of the return value, and we reserve the right to donate or resell any item(s) received by us in connection with a return or exchange under this Policy.

We reserve the right, and have sole discretion, to waive or refund the Handling and Restocking Fee for any customer, at any time, with or without a compelling or exceptional justification for the return or exchange. Please note this is a very limited exception to our Policy.

V. MISCELLANEOUS

Authority

We reserve the right to limit, decline, reject, or prohibit any return. All decisions regarding returns are made in our sole discretion and subject to applicable law and regulation.

Please note that we reserve the right to ban, suspend, restrict, limit, and/or place special conditions on any customer(s) that abuses this policy, or whom we suspect is engaged in fraudulent activity.

This policy is subject to our Terms of Service and the dispute resolution provisions therein. To the extent there is any conflict in the terms of this policy and those in our Terms of Service, the latter shall control.

Waiver

No waiver of any of the provisions of this policy shall be deemed, or will constitute, a waiver of any other provision, whether similar or distinct, nor will any waiver constitute a continuing waiver.

Amendments

This policy may be updated and amended by us from time to time and without prior notice.

Last Updated: July 7, 2025

Click here or contact us for an electronic copy of the following policy:

I. INTRODUCTION

The Mambí brand and trademark (“Mambí”), as well as the Shopify e-commerce store and the www.mambigear.com web domain upon which the store was built (this “Website”), are owned and operated by Ramirez Designs Limited, a Pennsylvania Limited Liability Company (“RDL”).

II. ACCESSIBILITY STATEMENT

RDL cares deeply about its customers and is committed to facilitating and improving the accessibility and usability of this Website for persons with disabilities, including, but not limited to users of screen reader technology. RDL strives to makes this Website and the Services inclusive, user-friendly, and compliant with applicable accessibility standards.

This Website utilizes various technologies which are designed to make it as accessible as possible at all times. Among these technologies is an accessibility interface that allows persons with disabilities the option to adjust this Website’s user interface to suit their specific needs.

RDL has partnered with SEA Commerce (“SEA”), a software provider that helps Shopify merchants meet essential accessibility standards, to detect potential accessibility issues with this Website and provide its customers with a convenient “Accessibility” widget to streamline the adjustment process.

RDL defines “disability” in accordance with the definition of such term under the Americans with Disabilities Act, as amended. See: 42 U.S. Code § 12102 (Definition of Disability).

III. ACCESSIBILITY STANDARDS

RDL designed this Website to comply with the Web Content Accessibility Guidelines (“WCAG”) 2.1 Level AA. These guidelines are recognized globally as the benchmark for web accessibility, focusing on creating content that is perceivable, operable, understandable, and robust. By complying with WCAG, we are able to ensure that this Website conforms to statutory requirements of the Americans with Disabilities Act of 1990, as amended (the “ADA”); the European Accessibility Act, as amended (the “EAA”); and similar regulations in Canada, the United Kingdom, and elsewhere around the world.

i. Perceivable

1. The information on this Website, as well as its user interface components, must be presentable to users in ways they can perceive.

ii. Operable

1. The navigation of this Website, as well as its user interface components, must be operable.

iii. Understandable

1. The information on this Website, as well as the operation of its user interface, must be understandable.

iv. Robust

1. The content of this Website must be robust enough so as to allow for reasonable and reliable interpretation by a wide variety of user agents, including assistive technologies, such as screen reader technology.

To activate accessibility for all features and functions on this Website, please use the easy to find “Accessibility” widget at the bottom of your browser window.

IV. DISCLAIMER

Please be advised that our efforts to improve and maintain the accessibility and usability of this Website are ongoing. We believe that it is our collective moral obligation to allow for seamless, accessible, and unhindered operation of this Website for all users, including those of us with disabilities. While we strive to make this Website as accessible as possible for all users, some issues may arise by virtue of the various assistive technologies that exist and overlap. We appreciate your understanding and invite any feedback that you may have regarding your experience on this Website.

V. CONTACT US

If you have specific questions, concerns, or suggestions regarding the accessibility or usability of this Website, please contact us by email at accessibility@mambigear.com or by phone at 215-598-2419. To the extent that you encounter any accessibility issues or usability barriers in connection with this Website, please be sure to reference the specific issue, as well as the corresponding link and/or page of this Website so that we can use our best efforts to rectify the issue for you.