TERMS AND CONDITIONS
Last Updated: October 5, 2025
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. BY PLACING OR CONTINUING WITH AN ORDER FOR PRODUCTS OR SERVICES FROM MACHINE GUN GYPSY, YOU AFFIRM THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services offered by Machine Gun Gypsy, including through MachineGunGypsy.com (the “Website”). Schoenfeld, LLC d/b/a Machine Gun Gypsy (referred to as “us”, “we”, or “our” as the context may require) may modify these Terms from time to time, after providing notice to you. Any changes to the Terms apply prospectively to any transactions or services made or provided after the “Last Updated Date” referenced in the updated version. The current version of the Terms may be viewed at https://machinegungypsy.com/terms-and-conditions/ You should review these Terms before purchasing any products or services that are available through the Website. Your continued use of the Website, or subsequent purchase of goods or services, after the Last Updated Date will constitute your acceptance of and agreement to such modifications to the Terms. If you are purchasing through a trust or corporate entity, you represent to us that you have authority to agree to these Terms on behalf of that entity and you agree these Terms shall be binding on both you, individually, and that entity.
1. Order Acceptance and Cancellation.
(a) General. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. For example, if you do not agree to these Terms, we may choose not to accept your order, in which case we will issue a refund for any amounts you paid in connection with the order. We reserve the right to cancel your order or any portion at any time if we have reason to suspect the transaction would result in an unlawful transfer or unlawful possession of a regulated item, or for violation of these Terms.
2. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical or clerical errors, inaccuracies, or omissions related to pricing and availability. If such an inadvertent error occurs, we may correct any errors, inaccuracies, or omissions at any time prior to the delivery of the affected product(s) or service(s) and/or cancel any orders arising from such occurrences.
(b) We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and payment must be received by us before we accept an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
(d) We are not responsible for third-party rebates or other promotions, regardless of whether we provide notice or advertising of such third-party rebates or other promotions, or the terms and conditions of such rebates or promotions, on our Website. Machine Gun Gypsy has no obligation to fulfill such third-party offers; fulfillment is the sole obligation of the third-party offering the rebate or promotion, in accordance with its stated terms and conditions.
3. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivering your order.
(b) Title and all risk of loss pass to you upon our transfer of the products to the carrier for delivery to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
4. Feedback and Reviews.
Any feedback, reviews, suggestions, testimonials, endorsements, information or materials you choose to convey to us through the Website, through email, or otherwise in connection with any products or services we offer or sell shall be collectively deemed “Feedback.” You agree to grant and hereby grant to us a non-exclusive, perpetual, irrevocable, royalty free, worldwide license (with the right to grant and authorize sublicenses) to use, display, publish, make, have made, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, perform, and otherwise exploit such Feedback without restriction.
5. Manufacturer’s Warranty and Disclaimers.
We do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Website. However, the products and services offered on our Website are covered by the manufacturer’s warranty as detailed in the product’s description on our Website, and which are included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
6. Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, LOST OPPORTUNITIES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY TRANSACTION FOR THE SALE OF GOODS OR SERVICES UNDER THIS AGREEMENT, ANY PROVISION OR FAILURE TO PROVIDE GOODS OR SERVICES, OR ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM AGAINST US WHATSOEVER, INCLUDING YOUR OR OUR NEGLIGENCE, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to liability resulting from our gross negligence or willful misconduct.
7. Goods Not for Resale or Export.
Unless you have a separate written wholesale or dealer agreement with us, you represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
8. Privacy.
We respect your privacy and are committed to protecting it. Our Privacy Policy, available here, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
9. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing Law and Jurisdiction.
The Website are operated from the US. All matters arising out of or relating to these Terms or any sale or provision of goods or services by us to you are governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Arizona.
11. Assignment.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
12. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Schoenfeld, LLC.
13. No Third-Party Beneficiaries.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Schoenfeld, LLC.
14. Severability.
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
15. Entire Agreement.
These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.