GENERAL TERMS AND CONDITIONS OF SALE
MCMCN (hereinafter referred to as "MCM" or "we"), a company organized and existing under the laws of China with principal offices at Room 1701, United Plaza, 1468 Nanjing Road West, Jingan District, Shanghai, 200040, P.R.C.
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.
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.
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: Chinese and English.
For now MCM Only accepts Wechat and Alipayas methods of payment. The transaction will be charged to the Client Card only after verifying the related Client details, receiving authorization 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.
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.
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.
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.
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