GENERAL TERMS AND CONDITIONS OF SALE
MCM Products Canada, Inc. (hereinafter referred to as "MCM" or "we"), a company organized and existing under the laws of Canada with store at 93 Bloor Street, Toronto, ON M5S 1M1 offers products for sale directly to its customers through the site ("Site"): CA.MCMWORLWIDE.com. The sale of products on the Site is subject to these General Terms and Conditions of Sale ("Terms and Conditions").
The Terms and Conditions govern the sales made through MCMWORLWIDE.com of MCM products (hereinafter the "Products" or "Product") to you (hereinafter the "Client" or "you"). 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, reside in the United States of America, Canada or any of its territories or possessions, and have full legal capacity or are authorized by a parent or guardian.
By submitting a purchase and checking the consent box to agree to and to accept these Terms and Conditions of Sale, Client hereby accepts and undertakes to observe them. The Terms and Conditions of Sale as well as pricing, products and policies are subject to change or amendment by MCM from time to time in its sole and absolute discretion; the Terms and Conditions shall be deemed accepted and applied when an order is placed and every time you access the Site thereafter. Client’s continued use of the Site following the posting of revised Terms and Conditions means that Client accepts and agrees to the changes. Client is expected to check this page so you are aware of any changes, as they are binding on you. Therefore, you should consult the Terms and Conditions of Online Sale on a regular basis so you are aware of the version applicable when placing orders.
PRODUCT FEATURES AND AVAILABILITY
The essential features of the Products offered for sale on MCMWORLWIDE.com are described on the Product Detail page(s). 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 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 MCMWORLWIDE.com. If a Product becomes unavailable after placing the order, the Client will receive immediate notification by email to the email address provided for in the order, and if the Client credit card (the "Client Card") has been charged, a reverse authorization will be placed on the Client Card. If by any chance the Client Card is charged, the full amount charged will be reimbursed to the Client Card used as 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
The prices displayed on ca.mcmworldwide.com are quoted in Canadian dollars and are intended to be valid and effective only in Canada. The prices displayed do not include applicable sales, use or excise taxes. Prices listed on product pages are for informational purposes only, and may be changed by MCM at its own discretion without notice. In the event a product is listed at an incorrect price, MCM has the right to refuse, cancel, terminate or not to process orders (including accepted orders) placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or the Client Card charged. If the Card has already been charged for the purchase and the order is canceled, MCM will issue a credit on the Client Card.
Total invoice prices displayed at the time of purchase include estimated taxes only. At the time of shipment, the card is charged and the final order total is indicated in the shipping confirmation email invoice. The final order total will include the sales tax calculated based on the shipping address and provincial laws.
Clients may not purchase any item from this site with the intention for resale by themselves or by any other person and may not resell any item purchased from this site. The information on this site does not constitute a binding offer to sell products described on the site or to make such products available in your area. MCM reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in its sole discretion, even after the receipt by Client of an order confirmation or after Client Card has been charged.
Orders placed for more than three (3) of the same item may be denied by MCM in its sole and absolute discretion.
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 to be a registered client in order to make a purchase from MCMWORLWIDE.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 Guest.
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 all of 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.
You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account. You will be responsible for all activities that occur under your Account (including but not limited to any purchases of our Products made through your Account). You agree to notify MCM immediately if you discover that your Account is being used by a third party without your consent. MCM cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. MCM may, at its exclusive discretion and at any time, cancel your Account or suspend your access or use of the Site, if MCM has reason to believe that (a) You are breaching these Terms and Conditions of Sale; (b) a third party is using your Account without your consent, or (c) MCM needs to terminate or suspend your Account for security or maintenance purposes.
PLACING AN ORDER
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 in the cart. At this point, the Client may either confirm or change the order. Once the required order information is completed, the Client will be directed to the payment page to finalize the order and choose "Place Your Order" to complete the process. 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.
We reserve the right at any time after receipt of the order to accept or decline the order, or any portion thereof, in our sole discretion, even after the Client receives an order confirmation or after the credit card has been authorized. If the credit card has already been authorized for the purchase and the order is canceled, we will reverse the authorization on the original method of payment.
MCM currently accepts MasterCard®, Visa®, American Express®, Discover®, Paypal® and ApplePay®. The transaction will be charged to the Client Card only after verifying the Client Card details, receiving credit authorization on the Client Card, and confirming Product availability.
As indicated at the time of purchase and by the order confirmation email, the Client is responsible for any and all shipping costs (other than ground shipping within the continental U.S. which shall be free of charge) associated with the delivery as indicated at the time of purchase. Flat shipping fees apply for Ground, Next Day, and Second Day Air. Should you wish to have expedited shipping, you may select the shipping method when placing the order. Once the order is placed, you will not be allowed to change the shipping method or address.
Domestic Shipping Methods and Fees
All packages shall be shipped via Fed Ex or by some other similar, first class company.
PLACE OF DELIVERY
The Products purchased on ca.mcmworldwide.com can only be delivered to addresses in Canada. Items cannot be shipped to a P.O. box or to an APO/FPO address. Subject to receipt by MCM of the full payment, deliveries shall be made to the address provided at the time of placement of an order. You 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.) If information relating to your shipping address, billing or other information is incorrect, MCM shall 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 ca.mcmworldwide.com shall require one to two business days to process,, plus the time indicated by the Client’s preferred shipping method. i.e. Fed Ex Overnight, second-day, ground. Orders are processed and delivered Monday through Friday, excluding holidays. Saturday delivery may not be available. In general, products will be delivered as provided in your order confirmation or within 10 business days. In the event you have not received your products within 10 business days following receipt of the order confirmation, we invite you to contact MCM at firstname.lastname@example.org. MCM is not responsible for unanticipated delays due to conditions such as weather or air travel delays.
RECEIPT OF PRODUCTS
If Product(s) purchased on MCMWORLWIDE.com are received damaged, the Client must notify Client Services within forty eight (48) hours by email email@example.com or by phone +1 800-391-5854. 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.
RETENTION OF OWNERSHIP AND TRANSFER OF RISKS
MCM shall retain full ownership of the Products ordered until payment has been received in full. Once the product is delivered, all risk of loss or damage to the Product(s), and any damage that may have occurred, shall be transferred to the Client.
RETURN POLICY WITH MCMWORLDWIDE.COM
MCM exercises caution in ensuring that its products strictly comply with our quality criteria and that they have passed all our controls, both technical and aesthetic. If nevertheless you receive a product, which seems to be damaged, you may return it to MCM in accordance with the following return or exchange policy. Please note that items that are damaged as a result of wear and tear are not considered to be defective. In addition, products that are personalized or that include a customer’s initials or other monogram shall not be eligible to be returned unless they include a manufacturing defect.
Products purchased through MCMWORLDWIDE.com can only be returned within thirty (30) days from the date the product is delivered to you. The exception to the return policy are underwear and final markdowns which are nonreturnable. 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; (v) for products purchased at ca.mcmworldwide.com within Canada by following the instructions below; and (vi) Products purchased at MCM retail stores, department stores or other retail locations may not be returned through the website procedures and, instead should be brought to the original place of purchase:
(i) Complete the returns portion within the enclosed packing invoice specifying the reason for the return and the quantity of the item(s) you wish to return.
(ii) Enclose the original packing invoice with the returns portion completed and the original proof of purchase along with the product in the return parcel.
(iii) Affix the prepaid Fed Ex shipping waybill included with your original shipment onto your return parcel.
(iv) Drop the package off at a Fed Ex location. Additional charges may apply if you opt to arrange for UPS or Fed Ex to pick up the package from your location.
(v) If you fail to comply with any of the above or utilize an alternative shipping company, you will be responsible for all shipping and handling charges. Further, you shall exclusively bear any and all risks of loss 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
(vi) We will not issue any refunds for returns that do not satisfy all of the conditions outlined above and until the item(s) are received and inspected by MCM. In the event that a refund is denied, 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 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. 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.
The address for return shipments is:
MCM Returns Department
93 Bloor Street W
Toronto, ON M5S 1M1
If your credit card has already been charged, MCM shall 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.
THE USE OF MCM PRODUCT FOR A SPECIFIC TIME OR FOR AN EVENT OR ENGAGEMENT (“WARDROBING”) AND THEN RETURNING THE PRODUCT IS A FORM OF FRAUD. MCM RESERVES ALL LEGAL AND EQUITABLE CLAIMS SHOULD CLIENT ORDER PRODUCT(S)AND USE THE SAME AND THEN ATTEMPT TO EFFECTUATE A RETURN OF THE PRODUCT(S).
Within one (1) Year of the original purchase date, after service repairs will be complimentary for all products purchased online at MCMWORLDWIDE.com, except for damage arising from unusual wear and tear.
Please send an email to firstname.lastname@example.org with images and detailed description of the damage.
After one (1) year from purchase, Clients will be charged for repairs.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Subject to applicable law (which may include the Province of Quebec), the laws of the Province of Ontario shall govern any dispute, and the Client irrevocably consents to the jurisdiction of the courts located in Toronto, Ontario for any action arising out of a purchase of MCM product or relating to these Terms and Conditions of Sale.
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