TERMS OF USE

Welcome to the website of 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

Muensterhof 13, 
8001 Zürich, 
Switzerland
Email: contact.eu@mcmworldwide.com
Telephone: +800-8888 1976
Company Number: CHE-228.162.099 
VAT Number: CHE-228.162.099
Registration court: Zurich 

The following terms and conditions, together with any documents they expressly incorporate by reference namely the Privacy Policy and Terms and Conditions of Sale collectively "Terms of Use"), govern your access to and use of WWW.MCMWORLDWIDE.COM including any content, functionality and services offered on or through WWW.MCMWORLDWIDE.COM or its subsites (the "Website")[, whether as a guest or a registered user].

Please read these Terms of Use, the Privacy Policy which can be viewed at Privacy Policy and Terms and Conditions of Sale carefully before you start to use the Website. By using the Website [or by clicking to accept or agree to the Terms of Use when this option is made available to you], you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy Terms and Conditions of Sale incorporated herein by reference. If you do not want to agree to these Terms of Use and our Privacy you must not access or use the Website.

PROPRIETARY RIGHTS

MCM owns, solely and exclusively, unless otherwise agreed by a third party in terms of (but not limited to) media and portrait rights or content licenses, all rights, title and interest (including, without limitation, copyrights, company name rights, trademarks and design rights) in and to the Website, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), functionality, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Website, and the compilation and organization of the Site Content, including but not limited to any copyrights, company name rights, trademarks, design rights, patent rights, database rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership or title of, in or to any Site Content or any other part of the Website, nor does it grant you any license to use or display the same except as expressly permitted herein.

Excluding references to the Products, all materials on this Website and the Website itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned, co-owned or licensed by MCM or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Website, as well as the software used in the design and development of this Website. All rights are reserved, worldwide.

The name, company name and trademark MCM and the MCM logos and all other MCM-related marks depicted in this Website, whether registered or unregistered, are the exclusive property of MCM. All rights are reserved, worldwide.

The materials contained in this Website are displayed for informational and promotional purposes only. This Website is solely for private, personal, and non-commercial use. You may not download or copy materials in this Website for any reason. You do not obtain any right, title or interest in any material or software as a result of any downloading or copying. You may not reproduce, publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, any of the materials in this Site, or any related software. Any other use of materials on this Site, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of MCM, is strictly prohibited. The exceptions provided for in the articles of copyright laws, such as Article 53 of the German Copyright Act, remain unaffected by the provision set forth above.

If Client prints, copies, modifies, downloads or otherwise uses or provides any other person with access to any part of the Website in breach of the Terms and Conditions, the right to use the Website will cease immediately and Client must, at our option, return or destroy any copies of the materials made. No right, title or interest in or to the Website or any content on the Website is transferred to Client and all rights not expressly granted are reserved by MCM. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

USE OF WEBSITE

You are permitted to use the Website and the Site Content for your private, personal and non-commercial use only and always in compliance with these Terms and Conditions. You may not and may not permit, assist or allow any third party to:

(i) copy, reproduce, publish, transmit, distribute, perform, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute this Website or any Site Content, including but not limited to mirroring, framing or linking to any other computer, server or web site;

(ii) access or use this Website or any Site Content for any commercial purposes, including any advertising or advertising revenue generation activity on Your own web site;

(iii) use anyone else’s password or Account at any time without the express permission and consent of the holder of that password or Account;

(iv) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website. You may not reverse look-up, phish, trace or seek to trace any information on any other user of, or visitor to, the Website, or any other customer, or exploit the Website or any service or information made available or offered by or through the Website, nor use the Website or the Site Content for any unlawful purposes or for any purposes not allowed by these Terms and Conditions or for soliciting the performance of any illegal activity or for any other activity which infringes the rights of MCM or others;

(v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website. You agree not to use any device, software or routine to interfere, or attempt to interfere, with the proper working of the Website, any transaction being conducted on the Website, or with any other person’s use of the Website.

Any other use of the Site Content or material on this Website, including reproduction for the purposes other than your private, personal and non-commercial use, modification, distribution or republication, without the express prior written consent of MCM, is strictly prohibited. MCM reserves the right to delete actions and messaging considered to be (but not limited to) flooding, harassment or otherwise specified. MCM takes no responsibility for the Site Content or actions of the users whom access and engage with the Website.

PERSONAL DATA

Personal data shall be collected by MCM on the mcmworldwide.com Wwebsite with a goal of allowing the Client to set up an account and/or to purchase Products from mcmworldwide.com. The Privacy Policy accessible through the Website governs any personal information you provide to MCM. By using the Services or visiting the Website you agree to the terms of the Privacy Policy.

MY ACCOUNT

Certain personal data is essential for setting up a Client account and making purchases; such information includes Title, First Name, Last Name, Home Address, Email Address, Password, Birthday, and Telephone. Failure to provide this mandatory information shall mean that the Client’s account cannot be set up and used. In creating this account, the Client authorizes mcmworldwide.com to store their name and email. All other requests for personal data are optional.

MCM permits one (1) email address per account. Accounts are authenticated after a user validates their email through the email to which they registered the account.

RESPONSIBILITY FOR ACCESS DATA

The Client shall be responsible for protecting the access data (email address and Password). The access data shall be kept secret and may not be made accessible to third parties without the prior written consent of MCM. The customer is aware that third parties with knowledge of the access data have the possibility to place orders with MCM in the Client's name. If the Client discovers or suspects that its access data are being used by third parties, he shall be immediately obliged to change his access data or, if this is not possible, to immediately inform MCM.

If there is reasonable suspicion of abuse of the access data, in particular if such abuse was reported by the Client, MCM shall have the right to immediately block access. MCM shall inform the Client of the blocking.

MCM shall not be liable for damage or loss suffered by the Client through the improper use or loss of the access data. This shall not apply, if the damage was willfully caused or through gross negligence. The exclusion of liability shall not apply either to injuries to health and safety, if MCM is responsible for the breach of duty.

EMAIL

Email registration for the MCM online newsletter is optional. To register an email for the MCM online newsletter the Client can submit it through the “Newsletter” button on the bottom of the page. The Client can also sign up when creating a mcmworldwide.com account by checking the Email Newsletter option during registration.

Clients may opt to provide an email address as one of the optional forms of commenting in the MCM Journal. MCM will not contact or store email addresses entered in the MCM Journal.

PURCHASES

Credit card information will be collected when placing an order. MCM does not store this information. In accordance with Personal Privacy Protection laws, in regards to information technology, files and rights, the Client shall have the right to access, change, correct and delete personal data. This right may be exercised, where applicable, via the Client account. To make changes to a mcmworldwide.com profile, the Client must go to the My Account page and choose “Edit” to change home address, email address, etc. information and save to finish updating. However, MCM reserves the right to object to requests that are clearly abusive, particularly in terms of their number and repetitive or systematic nature. The security, confidentiality or integrity of information sent via the Internet is not guaranteed on account of the very nature of the network. In particular, we are not accountable and may not be held liable in the event of loss, communication to a third party or fraudulent uses of login details.

SEVERABILITY OF CLAUSES

If one or more of the provisions in the Terms of Use are deemed or declared null and void, unenforceable, or illegal, the other provisions shall remain unaffected in terms of their validity and scope.

DISCLAIMER, ERRORS, INACCURACIES

Our goal is to provide complete, accurate and up to date information on our Website. The use of the Website is at your own risk and you are entirely responsible for your use of the site and any linked sites. MCM is not responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through this site. Unfortunately, it is not possible to ensure that any site is completely free of human or technological errors. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior or subsequent notice.

WAIVER

No waiver of MCM of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the MCM to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

These terms and conditions, the Privacy Policy and the General Terms and Conditions of Sale constitute the sole and entire agreement between you and MCM with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content and any services or items obtained through the website is at your own risk. the website, its content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. neither the MCM nor any person associated with the mcm makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. without limiting the foregoing, neither the MCM nor anyone associated with the MCM represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

The MCM hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law, i.e. the limitation of liability shall not apply, if the damage was willfully caused or by gross negligence, or on a breach of material contractual obligations, meaning contractual obligations that enable proper enforcement of the contract in the first place and which the contractual partner can rely on to be fulfilled on a regular basis, and which endanger reaching the purpose of the contract, if they are violated. it shall not apply to damage caused by injuries to health and safety, either, if MCM is responsible for the breach of duty. the limitation shall not further apply to damage that is caused by the absence of a warranted quality or for which liability is stipulated under the product liability act.

LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall MCM, its parent company and/or affiliates, or any of its or their directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the sites or the content, materials and functions of or related thereto, your provision of information or content via the sites, lost business or lost sales, profits, or goodwill, even if such protected entity has been advised of the possibility of such damages to the fullest extent permitted by law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users. In no event shall the protected entities be responsible or liable for or in connection with any dispute between or amongst users of the sites, or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the sites. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions or your use of the sites exceed, in the aggregate, the greater of (a) the amount(s), if any, paid by you to MCMfor your use of any site, or (b) one hundred swiss francs (chf 100). All users of the sites understand and agree that (i) the mutual agreements made in this section reflect a reasonable allocation of risk, and (ii) the parties hereto would not have entered into these terms and conditions without these limitations on liability. The last sentence of section “waiver” above shall apply adapted as necessary.

You agree to defend, indemnify and hold harmless MCM, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms and conditions or your use of the website , including, but not limited to, any use of the site's content, services and products other than as expressly authorized in these terms and conditions or your use of any information obtained from the website. Any cause of action or claim you may have arising out of or relating to these terms and conditions or the website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. the last sentence of section “waiver” above shall apply adapted as necessary.

APPLICABLE LAW

The laws of Switzerland govern these Terms of Use, and the Client irrevocably consent to the jurisdiction. If the Client is a 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 a merchant, 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.

MERGER

These Terms of Use, Terms and Conditions of Sale and Privacy Policy are the only agreements by and between Client and MCM.

CONTACT US

For additional assistance concerning our online store or your online purchase, please contact us at: +800-8888-1976 or via email at contact.eu@mcmworldwide.com.