General Terms and Conditions of Sale
MCM Products UK Ltd, 16 Conduit Street, London W1S 2XL
phone: +800 8888 1976
Value added tax identification number: 912 2127 69
1. About us and important definitions
1.1 MCM Products UK Ltd, 16 Conduit Street, London W1S 2XL (“MCM”) operates the website www.mcmworldwide.com, an online shop (“Shop”), from which, among other things, it offers handbags, small leather goods, accessories, luggage items and suitcases as well as perfume (“Products”) for sale.
1.2 These general terms and conditions of sale (“Terms”) apply to all purchases of Products from the Shop by Customers (as defined below). These Terms are the only terms which apply to any purchase of Products from the Shop, to the exclusion of any other terms that the Customer may try to impose, incorporate or otherwise rely on.
1.3 In the context of these Terms:
1.3.1 a “Business” is a Customer who is not a Consumer (i.e., either an individual or other legal entity purchasing Products wholly or mainly in connection with his, her or its trade, craft, business or profession);
1.3.2 “Business Day” means a day other than a Saturday, Sunday or public holiday, when banks are open for business in London;
1.3.3 a “Consumer” is a Customer, resident in the UK, who purchases Products solely for his or her own personal use (and not wholly or mainly in connection with his or her trade, craft, business or profession);
1.3.4 “Customer” means a person, whether a Consumer or a Business, who places an order for Products from the Shop; and
1.3.5 “day” means any day of a year, including Saturdays, Sundays and Public Holidays (and including any day when banks in London are not open for business).
2. Characteristics and availability of Products
2.1 Representations of the Products in the Shop, in catalogues or in other advertising materials provided by MCM are for illustrative purposes only. Whilst MCM has made every effort to display the Products correctly, the Products may vary slightly from how they are shown.
2.2 The details of a Product offered for sale in the Shop are set out in the respective product detail pages under “Product Details”.
2.3 All Products shown in the Shop are represented and depicted in their original condition before any personalisation, modification or customisation. Products in their original condition include all relevant accessories and any attached item tags, including but not limited to identification tags, authentication cards and user manuals. Products that do not meet the above conditions are considered to be modified beyond their original condition.
2.4 Some Products may be available in different colours. Due to the processing of images by computers, and although a considerable amount of effort has gone into the production of the product pages, the colours of a Product shown in the Shop may differ slightly from a Product’s actual colours. MCM cannot, and does not, guarantee that a device’s display of a Product’s colours accurately reflects the actual colour of the Product.
2.5 Subject to availability, the Products displayed in the Shop and their prices will remain valid as long as they are offered in the Shop. If, after a Customer has placed an order, either: the Product is no longer available; MCM cannot meet a delivery deadline; or MCM is otherwise unable to accept the Customer’s order, MCM will cancel the Customer’s order and will give the Customer prompt notice of this by e-mail (to the e-mail address provided during the ordering process). If, in the event of such cancellation by MCM, the Customer’s payment card has been debited, the amount so debited will be refunded to this card no later than thirty (30) days from the date of the Customer’s payment. The Customer should allow three (3) to six (6) Business Days for this transaction to be credited to their card and one (1) to two (2) billing periods for this transaction to appear on the Customer’s card account statement.
3. Contract formation
3.1 Orders placed through the Shop will only be accepted when placed by persons aged at least 18 years having full legal capacity or by persons having received appropriate (prior or subsequent) consent from a parent or legal guardian. Commercial resale of the Products is not permitted.
3.2 At the end of the ordering process and prior to payment, the Customer will receive a summary of their order setting out the details of the Products ordered by them, as well as the total price of the Products including all additional costs (including packaging and shipping costs) and taxes.
3.3 The Customer will then be directed to the payment page, on which they submit a binding offer to enter into a sale contract with MCM by placing their order and clicking the button “Complete Purchase”. Following receipt of payment by MCM, the Customer will receive an e-mail to the e-mail address provided during the ordering process containing a summary of the order and a confirmation of receipt. MCM’s acceptance of the Customer’s order will only occur when MCM either:
3.3.1 informs the Customer by e-mail that it accepts the order; or
3.3.2 dispatches the ordered Products (and informs the Customer by e-mail of such dispatch).
3.4 If MCM does not accept the Customer’s order in accordance with Section 3.3 within three (3) Business Days of the date of receipt of the order, the order will be cancelled and the Customer will be refunded, in full, any sums paid by the Customer to MCM in respect of the cancelled order. This refund will be made to the Customer’s payment card within thirty (30) days of the date of the Customer’s payment.
3.5 Following their order, the Customer will receive a confirmation and the invoice by e-mail.
4. Online registration, access and data
4.1 The Customer may create an account to become a “registered user” or purchase Products as a “guest user”. The Customer does not require an account to make a purchase in the Shop. Should the Customer choose to register, they will be able to track the progress of their order, access their previous orders and use services reserved for registered users, thus enabling them to complete the payment process more rapidly and to take advantage of other additional benefits and services reserved for registered users.
4.2 Prior to their purchase, the Customer can create an account by clicking on the “Sign in” button at the top of the screen and on the “Create Account” button. From the “Shopping Cart”, the Customer can click on the “Checkout” button, and then on “Registered User” in order to log in. The Customer must complete all visible fields as they represent mandatory information required to effect the purchase. The Customer undertakes to provide complete, correct and up-to-date information and to ensure that it remains complete, correct and up-to-date at all times. Details and information that are insulting, unlawful, incorrect, misrepresentative, in breach of public order or indecent are not acceptable in connection with the creation of an account. Once the account has been set up, the Customer will receive an e-mail to the e-mail address provided in their account to confirm their login details.
4.4 The Customer is responsible for the protection of their Login Details. The Login Details must be kept strictly confidential and must not be made available to third parties without the written consent of MCM. The Customer is aware that third parties who have come to know the Login Details will be able to place orders with MCM in the name of the Customer. The Customer is responsible for all activities affected through their account (including, without limitation, purchases of Products made through the account). Should the Customer discover or suspect that their Login Details are being used by any third party, they must change their Login Details immediately or, in cases where this is not feasible, inform MCM without undue delay.
4.5 MCM may, in its sole discretion, terminate the account at any time or temporarily suspend the Customer’s access to or use of the Shop by the Customer if (a) MCM knows or reasonably suspects that the Customer is in breach of these Terms; (b) MCM reasonably suspects that a third party is using the account without the Customer’s consent; or (c) MCM is required to terminate or temporarily suspend the account for security or maintenance purposes. MCM will notify the Customer of such termination or suspension.
5. Price and payment
5.1 The prices in GBP stated in the Shop at the time of receipt of the order shall apply. All prices are stated in GBP, include the statutory value added but do not include shipping costs. Shipping costs, if any, will be charged additionally and identified separately.
5.2 As means of payment, MCM accepts [MasterCard®, Visa®, American Express®, Paypal®, and Klarna®]. The transaction will not be charged to the Customer’s card until:
5.2.1 the Customer’s card data has been verified;
5.2.2 the payment authorisation on the Customer’s card has been received by MCM; and
5.2.3 MCM has confirmed that the ordered Products are available and ready for shipment.
6. Shipping, packaging, delivery, delivery times, shipping costs, transfer of risk
6.1 Products purchased in the Shop will be delivered to addresses in selected countries only (“Delivery Points”). A current list of all Delivery Points can be viewed using the country selection function at the top of the Shop (“Region/Language”). Delivery to PO boxes is not possible.
6.2 Upon receipt of the full payment amount by MCM, the delivery will be shipped to the address given when the order was placed. The choice of packaging used as well as mode, route and means of dispatch is left to MCM. The Customer shall verify the accuracy of this information (in particular name, street address, postcode, etc.) before finally confirming the order. MCM is not responsible for any errors or omissions made by the Customer in this information when confirming the order. MCM shall not be liable for any delay in the delivery of an order where such delay is caused by the Customer providing incorrect or incomplete delivery details.
6.3 Delivery times will be indicated in the Shop both beside the respective Product and during the ordering process. Unless MCM informs the Customer to the contrary, MCM will generally process a Customer’s order (in readiness for collection by the carrier) within one (1) to two (5) Business Days of receipt of the order. The order will then be delivered by MCM’s chosen carrier in accordance with the method of shipping chosen by the Customer. Orders will be delivered on Business Days only. If the Customer does not receive their order within the timeframe given to them at the time they placed their order, they should contact MCM by sending an e-mail to firstname.lastname@example.org.
6.4 [If the Customer is not at the delivery address when the carrier attempts to deliver the Products ordered and they cannot be posted through the Customer’s letterbox (or otherwise left in a safe place or with a neighbour), the carrier will leave the Customer a note detailing how the Customer can either rearrange delivery, or otherwise collect the Products from a local depot.]
6.5 [If the Customer does not arrange for re-delivery, or otherwise collect the Products from a local depot, MCM may contact the Customer for further instructions. If, despite MCM’s reasonable efforts, it is unable to contact the Customer or rearrange delivery or collection, MCM may end the sale contract. Where MCM ends the sale contract under this Section, MCM shall refund the Customer all amounts paid by the Customer to MCM, save that MCM shall be entitled to deduct from such refund its reasonable costs incurred as a result of the Customer not being able to take delivery of the Products (which will include the costs incurred by MCM in trying to make contact with the Customer as well as the cost of having the Products returned to MCM).]
6.6 [In case of any change in the expected delivery date after the Customer’s order has been placed, MCM will inform the Customer accordingly by e-mail without undue delay. In that case and provided that the Customer is a Consumer (as set out in Section 1.3), the Customer shall be entitled to withdraw from their order without cost or alter same at any time before delivery of the Product, unless expressly agreed otherwise between MCM and the Customer.]
6.7 If the Customer is a Business, time for delivery shall not be of the essence.
6.8 Where delivery of a Product is delayed due to an event which is outside of MCM’s control (including, but not limited to, earthquake, war, strike, pandemic, epidemic etc.) MCM shall contact the Customer as soon as possible and take steps to minimise the effect of the delay. Provided MCM do this, it shall not be liable for delays caused by the event, but if there is a risk of substantial delay, the Customer may contact MCM to end the contract and MCM shall refund any payments already made by the Customer in respect of Products not delivered.
6.9 MCM offers free standard delivery for all orders.
6.10 All Products ordered shall become the Customer’s responsibility:
6.10.1 in respect of a Customer that is a Consumer, from the time that they are delivered to the delivery address; and
6.10.2 in respect of a Customer that is a Business, at the time MCM passes the Products to the chosen carrier.
6.11 A Customer shall not own the Products until MCM has received payment in full for them.
7.Business’ obligation to give notice of defects
7.1 This Section 7 applies only to Customers who are Businesses. Please see Section 11 if you are a Consumer.
7.2 MCM warrants that on delivery [and for a period of two years] from the date of delivery that the Products shall:
7.2.1 confirm in all material respects with their description;
7.2.2 be free from material defects in design, material and workmanship; and
7.2.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
7.3 The Customer may reject any Products delivered to it that do not comply with the warranty in Section 7.2 provided that none of the events listed in Section 7.8 apply and the Customer gives notice of rejection to MCM in accordance with this Section 7.3, namely:
7.3.1 in the case of a defect that is apparent on normal visual inspection, within ten (10) Business Days of delivery; and
7.3.2 in the case of a latent defect, within ten (10) Business Days of the latent defect having become apparent.
7.4 If the Customer fails to give notice of rejection in accordance with Section 7.3 it shall be deemed to have accepted the Products.
7.5 The Customer shall send any notice of rejection to MCM’s customer service team by e-mail at email@example.com or by phone on +800-8888-1976. The Customer shall provide MCM with detailed information about the defects found and shall retain the original packaging of the Products as well as the package in which it was delivered in the condition received, and shall otherwise follow the instructions given by MCM.
7.6 If the Customer rejects the Products under Section 7.3 the Customer shall be entitled to require MCM to:
7.6.1 repair or replace the rejected Products; or
7.6.2 repay the price of the rejected Products in full.
7.7 Once MCM has complied with the Customer’s request, it shall have no further liability to the Customer for the rejected Products’ failure to comply with Section 7.2.
7.8 MCM shall not be liable for a Product’s failure to comply with the warranty set out in Section 7.2 in any of the following events:
7.8.1 the Customer makes any further use of those Products after giving notice in accordance with Section 7.3;
7.8.2 the defect arises because the Customer failed to follow MCM’s oral or written instructions for the storage, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
7.8.3 the Customer alters or repairs those Products without the written consent of MCM;
7.8.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
7.8.5 the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
8. [Default, set-off and right of retention
8.1 Unless otherwise agreed, the Customer shall be in default after fourteen (14) days from receipt of the Product and the invoice.
8.2 If the Customer is in default of acceptance, this shall be deemed equivalent to the receipt of the Product. MCM is entitled to charge default interest at a rate of five percentage points above the base interest rate. If the Customer is a Business (cf. Section 1.3 hereof), the default interest rate shall be nine percentage point above the base interest rate. We reserve the right to assert claims for further compensation.
8.3. The Customer is not entitled to set off claims outside the synallagmatic contract, i.e. outside the reciprocity of performance and consideration. They shall not be obstructed from setting off, however, in cases where the counterclaims are undisputed by MCM, assessed in a legally binding judgment or permit to give final judgment in the matter.
8.4 A right of retention can only be asserted if it is based on the same contractual relationship.]
9. Right to withdraw
9.1 Customers who are Consumers (see Section 1.3) have a legal right to withdraw from the sale contract (i.e., change their mind about any purchase of Products). This right is set out in more detail below.
9.2 Model withdrawal form
10. MCM Product return guidelines
10.1 [Without prejudice to a Consumer’s right of withdrawal (as set out above), MCM grants to the Customer a voluntary right of return of 14 from receipt of the Products. Notwithstanding the above statutory right of withdrawal for Consumers resident in the EU, Products purchased through the Shop can only be returned within a period of 14 days from receipt of each Product. On the basis of this right of return, Consumers will still be able to cancel the sale contract when their 14-day period of withdrawal (see “Right of Withdrawal” above) has expired by returning the Product to us within a period of 14 days from receipt of the Products (such period begins on the day following the day on which the Products were received).
10.2 The following conditions apply to the return of Products:
10.2.1 Each Product must be returned: (i) in its original packaging together with all original labels, including, without limitation, the identification tag and authenticity cards; (ii) in its original packaging; (iii) in complete with all parts and accessories; (iv) together with the original proof of purchase; and (v) together with the receipt confirming that the Products purchased in the Shop have been returned. If the above conditions are met, the Customer should return the relevant Product(s) to MCM following the instructions below for Product returns.
10.2.2 Products that have been personalised, monogrammed or otherwise modified or manufactured to Customer specifications cannot be exchanged or returned. The same applies to Products that have been clearly adapted to the personal requirements of the Customer.
10.2.3 Products that have been modified beyond their original condition, as well as Products that have been damaged, worn, soiled, washed, altered or used in any way (other than fitting) cannot be returned.
10.2.4 The Customer is to notify MCM’s customer service team of their intention to return Products by sending an e-mail to firstname.lastname@example.org or calling +800 8888 1976 to request a prepaid return label from MCM in cases where said label has not been supplied together with the Product.
10.2.5 The Customer is to complete the return section on the delivery invoice enclosed with the Product, indicating the reason for return and the number of items returned.
10.2.6 In the return package, The Customer is to include the original delivery invoice with the return Section completed and the original sales receipt as well as the relevant Product itself.
10.2.7 The Customer must attach the prepaid transport label supplied with the original delivery (or otherwise supplied by MCM) to the return package.
10.2.8 The Customer is to contact MCM’s customer service team to arrange collection of the package from the Customer’s home (or other location as may be agreed).
10.2.9 The Customer will have to bear all costs for carriage and handling if they choose to use a carrier other than the chosen by MCM, or if they fail to comply with one of the abovementioned conditions. In addition, the Customer will assume any risks related to the return shipment, and MCM shall not be liable for any loss, damage, depreciation or a misdirected or delayed transportation of returned Products.
10.2.10 MCM will be unable to refund the price of returned Products that do not meet all of the above conditions. However, the Customer may (within fourteen (14) days of receiving notification that they are ineligible for a refund) request that the Products be returned to them at the Customer’s cost in the condition in which they were received by MCM. The request to return the Customer’s Products must be made within fourteen (14) calendar days of notice that the Customer’s returned Products were ineligible for a refund. The Customer’s written request for the return of rejected Products must contain a declaration that the Customer will bear the return costs, stating the method of payment chosen for the return shipment. In cases where the Customer does not request the return of rejected Products within the abovementioned period of fourteen (14) days, the Customer authorises MCM and its affiliates or agents to destroy the Products (or otherwise deal with them as MCM may decide acting in its discretion).
10.3 For the avoidance of doubt, the above provisions shall not affect the Consumer’s right of withdrawal (to the extent to which it applies to the Customer). Until expiry of the statutory right of withdrawal, they shall apply to any returns to the exclusion of any other provision of these Terms.
10.4 The address for returns within Europe is:
Pantos Logistics U.K. Ltd.
776 Buckingham Avenue, Slough Berkshire, SL1 4NL
10.5 The Customer will be refunded, by the same method the Customer paid, the price of the Products returned (together with any VAT), but less the original delivery charges within eight (8) – ten (10) Business Days of MCM’s receipt of the Products in satisfactory condition. MCM will not accept goods that are worn, used, modified or damaged. Products offered at clearance prices at the time of ordering or Products indicated as “final sale” cannot be returned; accordingly, MCM cannot grant a credit for such Products.]
11. Defective products
11.1 This Section 11 applies Consumers only (and not, for the avoidance of doubt, to Businesses).
11.2 MCM is under a legal duty to supply Products to Consumers that are in conformity with this contract. This means that the Products MCM supplies must be as described, fit for purpose and of satisfactory quality. During the expected lifetime of the Product a Customer’s legal rights entitle them to do the following:
11.2.1 up to 30 days, if the Products are faulty, the Customer can get an immediate refund;
11.2.2 up to six months, if the Products cannot be repaired, the Customer is (in most cases) entitled to a full refund; and
11.2.3 up to six years, if the Products do not last a reasonable length of time, the Customer may be entitled to some money back.
11.3 If the Customer wishes to exercise their legal rights to reject Products (where legally allowed to do so) the Customer must return them to MCM. To do this, please contact MCM’s customer service team by sending an e-mail to email@example.com or calling +800 8888 1976 to request a prepaid return label from MCM in cases where said label has not been supplied together with the Product.
11.4 For detailed information as to their rights, Customers are advised to visit the Citizens Advice website, www.adviceguide.org.uk or call 03454 04 05 06.
12 MCM’s responsibility for loss or damage suffered by a Consumer.
12.1 This Section 12 applies only to Consumers (and not, for the avoidance of doubt, to Businesses).
12.2 If MCM fails to comply with the contract, MCM is responsible for loss or damage a Customer may suffer that is a foreseeable result of:
12.2.1 MCM breaking of the contract; or
12.2.2 MCM failing to use reasonable care and skill.
12.3 However, MCM is not responsible for any loss or damage that is not foreseeable.
12.4 Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Customer and MCM it might happen.
12.5 MCM does not exclude or limit in any way its liability to the Customer where it would be unlawful to do so and this includes liability for:
12.5.1 death or personal injury caused by MCM’s negligence or the negligence of its employees, agents or subcontractors;
12.5.2 fraud or fraudulent misrepresentation;
12.5.3 breach of the Customer’s legal rights in relation to the Products; or
12.5.4 for supplying Products which are defective under the Consumer Protection Act 1987.
12.6 Where the Customer is a Consumer, they place their order with MCM as a Consumer, and MCM will only supply the Products for domestic and private use. If a Consumer uses any of the Products for any commercial, business or resale purpose MCM shall have no liability to the Consumer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. MCM’s responsibility for loss or damage suffered by a Business
13.1 The provisions of this Section 13 apply only to Businesses (and not to Consumers).
13.2 Nothing in these Terms shall limit or exclude MCM’s liability for:
13.2.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
13.2.2 fraud or fraudulent misrepresentation; or
13.2.3 any matter in respect of which it would be unlawful for MCM to exclude or restrict liability.
13.3 Subject to Section 13.2, MCM shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the sale contract for:
13.3.1 loss of profits;
13.3.2 loss of sales or business;
13.3.3 loss of agreements or contracts;
13.3.4 loss of anticipated savings;
13.3.5 loss of use or corruption of software, data or information;
13.3.6 loss of damage to goodwill;
13.3.7 loss of opportunity; and/or
13.3.8 any indirect or consequential loss.
13.4 Subject to Sections 13.2 and 13.3, MCM’s total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the sale contract shall be limited to 100% of the price paid or payable for the Products under the sales contract.
13.5 Notwithstanding Section 13.1, the losses for which MCM does assume responsibility and which (subject to Sections 13.2 and 13.3) the Customer shall be able to recover are:
13.5.1 sums paid to MCM pursuant to the sale contract in respect of any Products not provided in accordance with the terms of the sale contract; and
13.5.2 wasted expenditure.
13.6 The terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and Sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the sale contract.
13.7 This Section 13 shall survive termination or expiry of the sale contract.
15. Final provisions[, online dispute resolution]
15.1 MCM reserves the right to amend these Terms and/or the nature of the Products. MCM shall inform the Customer of such amendments to the Terms and/or the Products. A Customer is entitled to object to the amended Terms and/or Products and if they do so, may serve notice on MCM bringing this sales contract to an immediate end. Should the Customer not object within a reasonable time, it shall be assumed that the Consumer accepts the amended terms which shall apply to the sale contract between the Customer and MCM.
15.2 If the Customer does object to any changes to the Terms and notifies MCM as such in accordance with Section 15.1, MCM shall refund the Customer for any Products paid for but not received.
15.3 MCM may transfer its rights and obligations under these Terms to another organisation. If MCM does this, it will contact the Customer to inform them as such. If the Customer is unhappy with the transfer, the Customer may end the contract and MCM shall refund the Customer any payments made in advance for goods not supplied.
15.4 The contract is between MCM and the Customer. No other person shall have any right to enforce any of its terms. Neither MCM nor the Customer shall need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
15.5 If one or more provisions of these Terms are or become invalid, this shall not affect the validity of the sale contract or the remaining provisions of these Terms. The Customer and MCM undertake to replace the relevant provision by other clauses which are economically appropriate to the contractual purpose.
15.6 If MCM does not: insist immediately that the Customer does anything they are required to do under these Terms; or if MCM delays in taking steps against the Customer in respect of its breaking of this contract, that will not mean that the Customer does not have to do those things and it will not prevent MCM from taking steps against the Customer at a later date.
15.7 The sales contract between MCM and the Customer, its subject matter and its formation are governed by English law. MCM and the Customer both agree that the courts of England and Wales will have exclusive jurisdiction except that if the Customer is a resident of Northern Ireland they may also bring proceedings in Northern Ireland, and if the Customer is a resident of Scotland, they may also bring proceedings in Scotland.
15.8 Online Dispute Resolution Pursuant to Art. 14 para. 1 of the Regulation on Consumer ODR: The European Commission provides an Online Dispute Resolution (ODR) platform which can be found at http://ec.europa.eu/consumers/odr/.
MCM is under no legal or voluntary obligation to participate in dispute resolution proceedings before a consumer dispute resolution body. In the event of a dispute, MCM shall strive to find a mutually acceptable solution in cooperation with the Customer. As arbitration bodies charge fees, MCM refrains from participating in dispute resolution proceedings before a consumer dispute resolution body also in the well-understood interest of the Customer to avoid costs.
Last Revision: December 2020
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