GENERAL TERMS AND CONDITIONS OF SALE
MCM Products AG (hereinafter referred to as "MCM" or "we"), a company organized and existing under the laws of Switzerland with principal offices at Münsterhof 13, CH-8001 Zürich, Switzerland, represented by the Managing Director Mr. Sebastian Klever.
MCM Products AG
Registration number: CHE-228.162.099
VAT Number: CHE-228.162.099
Registration court: Zurich
MCM offers products for sale directly to its customers through the site ("Site") mcmworldwide.com. The sale of products on the Site are subject to these Terms and Conditions of Sale ("Terms and Conditions").
The Terms and Conditions govern the sales made through mcmworldwide.com of MCM products (hereinafter the "Products" or "Product") to you (hereinafter the "Client" or "you"). MCM expressly objects to any counter confirmation of the customer referring to the application of the customer's general terms and conditions and conditions of purchase. Such conditions shall not become part of agreements concluded between the parties, unless expressly confirmed in writing by MCM.
All Clients wishing to make a purchase from the Site represent and warrant that they are not acting to effectuate re-sales and only for their own personal account and use, that they are over 18 years of age, and have full legal capacity or are authorized by a parent or guardian. The sale of products on the site is subject to these Terms and Conditions. By submitting a purchase order, Client hereby accepts and undertakes to observe these Terms and Conditions.
The Terms and Conditions as well as pricing, products and policies can change and be subsequently amended by MCM from time to time in its sole and absolute discretion; the Terms and Conditions shall be deemed accepted and applied when MCM advises the Client of the application of the Terms and Conditions, and a subsequent order is placed. The Client should consult the Terms and Conditions before placing an order so Client is aware of the version applicable.
"Consumers" in the sense of the Terms and Conditions are natural persons concluding the agreement with MCM for purposes which mainly are not assigned to commercial or freelance professional activity.
“Entrepreneurs" in the sense of the Terms and Conditions mean any customer that acts in his/her capacity as a commercial businessman or in the scope of his/her freelance business activity.
PRODUCT FEATURES AND AVAILABILITY
The essential features of the Products offered for sale on mcmworldwide.com are described on the Product Details page.
Some Products may be available in different colors. Due to the computer processing of images and in spite of the care taken in producing our Product pages, the colors of Products shown on the Site may be slightly different from their actual color. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the site.
Subject to their availability, Products offered for sale together with their prices shall be valid as long as they are accessible on mcmworldwide.com.
If, contrary to expectations, a Product becomes unavailable after placing the order, or there are changes of the prospective date of delivery, the Client will receive immediate notification by email to the email address provided for the order. Irrespective of the existing legal claims, the customer as a Consumer can withdraw from the order before shipment of the goods or make changes to his/her order without any additional costs. In case the customer is an Entrepreneur , the Entrepreneur shall grant to MCM an appropriate grace period in case of exceedance of the delivery date.
If by any chance the Client Card is charged, the full amount charged will be reimbursed to the Client Card used as payment no later than thirty (30) days from the date of the payment. Please allow up to three (3) to six (6) business days for this transaction to post to the Client credit Card and one (1) to two (2) billing cycles for it to be reflected on the Client Card statement.
PRICES AND PROHIBITION ON RESELLING
All prices displayed on mcmworldwide.com are quoted as gross prices and include the applicable VAT, packaging and shipping costs. The packing and shipping costs are listed separately in the shopping cart.
At the time of shipment, the card is charged and the final order total is indicated in the shipping confirmation email invoice.
Clients may not purchase any item from this site with the intention for resale by themselves or any other person and may not resell any item purchased from this site.
ACCOUNTS & ORDERS
SETTING UP AN ACCOUNT
The Client may set up an account and become a "Registered Client", or can purchase products as a "Guest". The Client does not need an account in order to make a purchase from mcmworldwide.com. If the Client chooses to register, the Client can monitor the progress of the order, access the Client’s order history, and utilize services reserved for Client account holders for a faster checkout as well as other added benefits and services reserved for Registered Clients.
An account can be setup prior to making a purchase by choosing the "My Account" button at the top of the screen or from the shopping cart after clicking "Checkout". The Client must complete the fields as this information is mandatory and necessary.
The Client agrees to provide full, accurate and up-to-date information and to change any details that become obsolete or incorrect at a later date. Any details or information that is offensive, illegal, incorrect, misrepresented, representing a public order offence or moral issues must not be used in the context of setting up an account. Once the account has been set up, an email will be sent to the email address provided on the account to confirm login information.
The Client is responsible for maintaining the confidentiality of the access information and for controlling access to the Account. The Client will be responsible for all activities that occur under the Account (including but not limited to any purchases of Products made through the Account).
The Client agrees to notify MCM immediately if he discovers that the Account is being used by a third party without the Client´s consent. MCM cannot and will not be liable for any loss or damage arising from the Client´s failure to comply with these obligations. MCM may, at its exclusive discretion and at any time, cancel the Account or suspend the Client´s access or use of the Site, if MCM has reason to believe that (a) The Client is breaching these Terms and Conditions; (b) a third party is using the Account without the Client´s consent, or (c) MCM needs to terminate or suspend the Account for security or maintenance purposes.
PLACING AN ORDER, CONCLUSION OF CONTRACT, ORDER LANGUAGES
Illustrations of the goods in catalogs, advertising media and on the Site are non-binding and do not constitute an offer to conclude a sales contract.
At the end of the order process and before payment, the Client will receive a summary of the Products ordered together with details of any delivery costs. The Client will be directed to the payment page to finalize the order and click the confirm order and pay - button to complete the process. Only after the Client selected the goods and clicked on the end of the ordering process, the Client makes a binding offer for the purchase of the goods. Once payment has been made, an email summarizing the order and acknowledging receipt will be sent immediately to the email address provided by the Client. This email is not a binding acceptance of the Client´s offer.
MCM reserves the right to reject a Client as contractual party without giving any reasons for such a decision. The binding acceptance of the offer or the refusal of the offer will be declared by MCM within a maximum of three days after receipt of the order. Upon receipt of the order confirmation, the contract on the goods is concluded. The dispatch of the ordered goods or a shipping confirmation provided to the Client is equivalent to an express declaration of acceptance.
The following languages can be chosen for the conclusion of a contract: German and English.
MCM accepts MasterCard®, Visa®, American Express®, Discover® and Paypal® as methods of payment. The transaction will be charged to the Client Card only after verifying the Client Card details, receiving credit authorization on the Client Card, and confirmation of the Product availability, and the order is ready for shipment.
Unless agreed otherwise, the purchase price is due after conclusion of contract and receipt of the invoice.
As indicated at the time of purchase and by the order confirmation email, the Client is responsible for any and all shipping costs associated with the delivery as indicated at the time of purchase. The Client shall select the shipping method when placing the order. Once the order is placed, the Client will not be allowed to change the shipping method or address.
All packages are shipped via DHL except in Switzerland were they are shipped via Swiss Post.
In order to guarantee comprehensive take-back of sales packaging, MCM participates in a legally acknowledged disposal system in accordance with section 6 para 3 German Packaging Ordinance. Therefore, the sales packaging can be returned at any provided collection point of the disposal system.
PLACE OF DELIVERY
The Products purchased on mcmworldwide.com can only be delivered to addresses in selected markets. To review if MCM Worldwide online store is currently available in your country, please see the country selector on the top of the mcmworldwide.com. Items cannot be shipped to a P.O. box. Subject to receipt by MCM of the full payment, deliveries shall be made to the address provided the time of placement of an order. The Client shall be responsible for checking the accuracy of this information prior to final confirmation of the order (in particular names, address, number, postal code, etc.). MCM shall not be responsible for any mistake by the Client in the information provided at the time of the order confirmation.
If information relating to recipients is incorrect, MCM may not be held liable for any delay or failure to deliver an order.
Unless indicated otherwise after the final confirmation of order, the delivery period for Products ordered from mcmworldwide.com include 1-2 business days to process the order for shipment, in addition to the time indicated by the Client’s preferred shipping method. Orders are processed and delivered Monday through Friday, excluding holidays. Saturday delivery is not available. In general, products will be delivered within timeframe mentioned on delivery selection. In the event Client has not received the products within mentioned timeframe following receipt of the order confirmation, MCM invites the Client to contact MCM at email@example.com. MCM is not responsible for unanticipated delays due to conditions such as weather, traffic jam or air travel delays.
RECEIPT OF PRODUCTS
If the Client is entrepreneur (see definition above), the Product(s) purchased on mcmworldwide.com must be thoroughly inspected by the Client or an authorized individual upon receipt in order to detect any damage. If Product(s) purchased on mcmworldwide.com are received damaged, the Client must notify Client Services immediately within seventy two (72) hours by email firstname.lastname@example.org or by phone +800-8888-1976. The Client must provide detailed information regarding the defects and keep the original Product packaging and the parcel in the condition in which it was received, and otherwise follow the instructions provided by the Client Services representative. Client Services will then begin investigation with the shipping carrier. Please note that this process generally takes between eight (8) and ten (10) business days.
RIGHT OF WITHDRAWAL FOR CONSUMERS RESIDENT IN THE EU
Customers who order as consumers (see definition above) resident in the EU, have a statutory right of withdrawal, on which MCM informs as follows:
Notification of your right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 30 days without indicating any reasons.
The withdrawal period will expire 30 days from the day you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the goods. To exercise your right of withdrawal you must notify us at:
Rest of Europe
ITG-GmbH Logistik + Distribution
Tor. 18, Eichenstrasse 11,
-of your decision to withdraw from this contract by an unequivocal declaration (e.g. a letter sent by mail, fax or e-mail). For this, you may use the attached model withdrawal form, which, however, is not mandatory.
In order to observe the withdrawal period it is sufficient that you send the notification concerning your exercise of the right of withdrawal before expiry of the withdrawal period.
Consequences of the exercise of the right of withdrawal
If you withdraw from the present contract, we shall return to you any payments which we received from you, including any payments for shipping costs (except any additional costs which result from the fact that you selected a kind of delivery other than the standard delivery offered by us), immediately and at the latest within fourteen days starting from the day on which the notification concerning your exercise of the right of withdrawal from this contract is received by us. For the return of payment, we use the same means of payment which were used by you for the original transaction, unless explicitly agreed otherwise; under no circumstances, there will be charged any fees to you in connection with the return payment. We can refuse repayment until we receive the returned goods or until you provide proof that you returned the goods, whichever occurs first.
You shall return the goods immediately and in any case no later than 30 days from the date on which you notified us on your exercise of the right of withdrawal from the contract. The deadline shall be deemed to be observed if you dispatch the goods before the expiry of the term of fourteen days.
You shall bear the direct costs of the return of the goods.
You shall bear the costs of a possible loss in value of the goods only if this loss in value is caused by handling of the goods which is not required to examine their condition, characteristics and functioning.
Model form of withdrawal
(In case you want to withdraw from the contract, please fill out this form and return it to us.)
Rest of Europe
ITG-GmbH Logistik + Distribution
Tor. 18, Eichenstrasse 11,
I/We hereby give notice that I/we withdraw from the contract of sale of the following goods
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is notified on paper)
(*) delete as applicable
Non-binding information on the exercise of the right of withdrawal
Although the customer is not obligated to do so, MCM asks that for the return of the goods a secure - if possible, the original - transportation packaging is used in order to avoid any transportation damage.
RETENTION OF OWNERSHIP AND TRANSFER OF RISKS
MCM shall retain full ownership of the Products ordered until payment has been received in full. In case the Client is Entrepreneur (see definition above), once the product is shipped, risks of loss or damage to said Products, and any damage that may have occurred, shall be transferred to the Client.
VOLUNTARY RETURN POLICY WITH MCMWORLDWIDE.COM
Without prejudice to the aforementioned right of withdrawal for consumers resident in the EU, Products purchased through mcmworldwide.com can only be returned within thirty (30) days from the date of shipping confirmation. The products must be returned: (i) in their original condition with all tags still attached, including but not limited to all identification tags and authenticity cards; (ii) in their original packaging (iii) complete with all of their parts and accessories (iv) with the original proof of purchase and (v) purchased at www.mcmworldwide.com. If the foregoing conditions are satisfied, then please comply with the returns instructions below.
(i) Notify MCM client services of your intent to return by emailing email@example.com or calling +800 8888 1976 to receive a prepaid return label in case it is not included with shipment.
(ii) Complete the returns portion within the enclosed packing invoice specifying the reason for the return and the quantity of the items you wish to return
(iii) Enclose the original packing invoice with the returns portion completed and the original proof of purchase along with the product in the return parcel
(iv) Affix the prepaid DHL (Swiss post in Switzerland) shipping waybill included with your original shipment onto your return parcel
(v) Contact the customer service to arrange DHL/Swiss post to pick up the package from your location.
(vi) Please note that if you utilize a carrier other than the one handling the delivery or if you fail to comply with any of the above, you will be responsible for all shipping and handling charges. Further, you shall solely exclusively bear any and all risks associated with the return shipping and we shall in no event be liable for the loss, destruction, damage or misdirected or delayed shipment of any returned products
(vii) We will not issue any refunds for returns that do not satisfy all of the conditions outlined above, provided however, that you will have the option to request (within thirty (30) days of being notified that you are not entitled a refund) that your merchandise be shipped back to you, at your own cost, in the condition in which it was received by our client service center. Your request for the return of your merchandise must be made within thirty (30) calendar days. Your written request must also indicate your agreement to pay for return shipping and your method of payment for such shipping. If you do not request the return of your merchandise within said thirty (30) days, you authorize MCM and any of its affiliates or agents to dispose of the merchandise.
(viii) The right of withdrawal for consumers resident in the EU remains unaffected by the aforementioned provisions.
The address for return shipments for Europe is:
Rest of Europe
ITG-GmbH Logistik + Distribution
Tor. 18, Eichenstrasse 11,
We will not charge your credit card, or if your credit card has already been charged, refund the purchase price of the returned product(s), sales tax included, less the original shipping costs, to the same credit card within 8-10 business days. We will not accept merchandise that has been worn, used, altered or damaged. Sale-priced Products, or Products marked as "Final Sale" at the time of the order, are final sale and cannot be returned, and we will not issue any credit towards these products.
WARDROBING IS STRICTLY PROHIBITED. THE LIMITED USE OF MCM PRODUCT FOR A SPECIFIC TIME FOR AN EVENT OR ENGAGEMENT IS A FORM OF FRAUD. MCM RESERVES ALL LEGAL AND EQUITABLE CLAIMS SHOULD CLIENT ORDER THE PRODUCT(S) AND USE THE SAME FOR PARTICULAR EVENTS AND THEN ATTEMPT TO EFFECTUATE A RETURN OF THE PRODUCT(S).
There is a statutory warranty right for purchases of goods from MCM. The warranty depends on the legal regulations as well as on the following provisions.
In case of a defect of the goods, the Client shall request supplementary performance of the manufacturer. For this, the Client shall stipulate a reasonable term.
Claims arising from material defects fall under the statute of limitations after the expiry of a term of two years from the time of supply of the goods. In case of goods purchased by Entrepreneurs, the claims arising from material defects fall under the statute of limitations after the expiry of a term of one year from the time of supply of the goods. Any statutory limitation of recourse claims shall remain unaffected thereof.
The limitation periods set out in the aforementioned paragraph shall not apply in cases of wilful acts, in case of fraudulent concealing of defects or to the extent to which MCM has assumed a warranty of condition. Moreover, it additionally does not apply to claims on account of material defects in cases of violation of life, body or health, with respect to claims pursuant to the product liability law, in case of grossly negligent violation of duty or in case of culpable violation of essential contractual duties, i.e. such contractual duties which enable the proper implementation of the contract and on the compliance with those the Client may rely on and the violation of which endangers the achievement of the contractual purpose on the other side.
In case of a breach of duty and of tortuous acts as well as claims for compensation due to futile expenditures claims are excluded both against MCM and its vicarious agents and parties employed in performing a contractual obligation for whom the principal is vicariously liable.
The aforementioned limitation of liability shall not apply if the damage was caused deliberately or in a grossly negligent way, as well as in the case of violation of essential contractual obligations (see “WARRANTY” above). Furthermore, it shall not apply to damages arising from violation of life, body or health, if MCM is responsible for the violation of obligation. Furthermore, the limitation of liability does not apply to damage, which is based on the absence of an assured characteristic or for such damage, for which a liability is provided in accordance with the product liability law.
The laws of Switzerland govern these Terms and Condition. If the Client is Consumer, the mandatory consumer protection provisions which apply in the state in which the customer has his customary place of residence are also applicable, insofar as these offer further protection for the customer in relation to Swiss law.
If the Client is Entrepreneur, a legal entity under public law or special fund under public law, the exclusive judicial venue for all claims arising from the contractual relationship is Zurich.
After the placement of the order, the customer shall receive a confirmation, the invoice and these Terms and Conditions by email. Beyond that, MCM does not store a separate text of the contract which would be accessible to the Client on the internet.
In cases of conflicts, there is the possibility in cases of conflicts of accomplishing a quick and cost-efficient settlement on the internet platform of the EU Commission. The link to the so-called „OS-platform" in accordance with art. 14 para 1. of regulation (EU) No. 524/2013 is: http://ec.europa.eu/consumers/odr/.
[Sh1]It is indeed necessary that the button not only includes the “order” but also the “payment obligation”. Otherwise, the period in which the merchandise can be returned does not start (and theoretically consumers could return the merchandise forwever…