Legal Terms

General Terms and Conditions of Sale

MCM Lederwaren & Accessoires GmbH
Maximilianstrasse 28
80539 München
Germany
Email:[email protected]
Telephone:+800-8888-1976
Commercial register of the Munich Local Court HRB 119568
Value added tax identification number: DE 812 44 9990

1. Vendor Information, Scope, Definitions
1.1 MCM Lederwaren & Accessoires GmbH, represented by its President & Global Brand and Commercial Office, Sabine Brunner, Maximilianstrasse 28, 80539 München, Germany (hereinafter “MCM” or “we”) operates under the domain www.mcmworldwide.com an online shop (hereinafter “Shop”), through which, among other things, handbags, small leather goods, accessories, luggage items and suitcases as well as perfume (hereinafter “Products”) are offered.

1.2 These general terms and conditions of sale (hereinafter “Terms and Conditions of Sale”) apply to all purchases of goods in the Shop of MCM and the related declarations of intent and business transactions of MCM with its customers having their habitual residence in the Federal Republic of Germany (hereinafter “Customer”).

1.3 MCM expressly rejects the application of business and/or purchasing conditions of enterprises or entrepreneurs. Such will not become part of any agreement unless they have been expressly confirmed by MCM in writing.

1.4 In the context of these General Terms and Conditions of Sale, “Consumers” are individuals concluding an agreement with MCM for purposes that cannot be attributed to a commercial or selfemployed professional activity, trade or business.

1.5 An “Entrepreneur” within the meaning of these Terms and Conditions of Sale is any Customer who, at the time of conclusion of the agreement, is acting in the exercise of their commercial or selfemployed professional activity, trade or business.


2. Characteristics and Availability of Products
2.1 Representations of the Products in the Shop, in catalogues or in other advertising materials of MCM are not binding and shall not constitute an offer to conclude a purchase agreement.

2.2 The essential characteristics of the Products offered for sale in the Shop are set out in the respective product detail pages under “Product Information”.

2.3 MCM declares that in the Shop all Products are represented and depicted in their original condition before any personalization, modification or customization. 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 other colors. Due to the processing of images by computer and although a considerable amount of effort has gone into the production of our product pages, the colors shown in the Shop may differ slightly from the actual colors. The specific technical design and settings of your computer and monitor can affect and prejudice the faithful and realistic representation of the colors of Products depicted in the Shop.

2.5 Subject to availability, the Products offered for sale and their prices will remain valid as long as they are offered in the Shop. If, contrary to expectations, a Product is no longer available after the order has been placed, or in case of changes to the expected delivery date, the Customer will be given prompt notice by e-mail to the e-mail address provided during the ordering process. If the customer’s card used as a means of payment has been debited for any reason, the full payment amount will be refunded to this card no later than thirty (30) days from the date of payment. Please allow three (3) to six (6) business days for this transaction to be credited to the Customer's card and one (1) to two (2) billing periods for this transaction to appear on the statement of account of the Customer's card.


3. Conclusion of Agreement
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 essential characteristics of the Products ordered by them, as well as the total price of the Products including all additional costs (packaging and shipping costs) and taxes.

3.2 The Customer will then be directed to the payment page, on which they submit a binding offer to conclude a purchase agreement by placing their order and clicking the button “Pay to order“. Following receipt of payment, 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. Such e-mail does not indicate a binding acceptance by MCM of the Customer's purchase offer. Within three (3) working days from receipt of the order, MCM may accept the Customer’s offer by means of an express declaration; otherwise, MCM will decline such offer without giving reasons. The purchase agreement is concluded upon receipt of the declaration of acceptance (order confirmation). The dispatch of the ordered Product and confirmation of such dispatch to the Customer is equivalent to an express declaration of acceptance by MCM. In cases where the Customer makes a payment to MCM at the time of the order process, the release of the payment process and/or the acceptance of the purchase price shall suffice to effect the binding acceptance of the purchase contract by MCM.

3.3 The languages available for the conclusion of the purchase agreement are German and English.

3.4 Following their order, the Customer will receive a confirmation, the invoice and these Terms and Conditions of Sale by e-mail. However, MCM does not retain contract provisions in any separate form which would be available to the Customer on the internet.


4. Online Registration, Access 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 the order, access their previous orders and use services reserved for holders of customer accounts, 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 continuously adapt outdated or incorrect data. Details and information that are insulting, unlawful, incorrect, misrepresentative, in breach of public order or indecent are not admissible 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.

4.3 To create an account, the Customer must provide certain personal data, including their e-mail address and password (hereinafter collectively referred to as “Login Details”), that are required to access their account. For the personal data which must be provided to MCM by the Customer through the Shop, the MCM Privacy Policy shall apply, which may be accessed and downloaded from the Shop; (for information on data protection see also Section 11 of these Terms and Conditions of Sale).

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 third parties, they shall change their Login Details immediately or, in cases where this is not feasible, they shall 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 MCM reasonably suspects that (a) the Customer is in breach of these terms and conditions, (b) 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 on the suspension.

4.6 MCM shall not be liable for any loss or damage arising from the Customer's failure to comply with the above obligations..


5. Price and Payment
5.1 The prices in Euro stated in the Shop at the time of receipt of the order shall apply. All prices are stated in Euro, ex warehouse and include the statutory value added tax. Shipping costs, if any, will be charged additionally and identified separately.

5.2 As means of payment, MCM accepts MasterCard®, Visa®, American Express®, Discover®, Paypal®, Klarna and Sofortüberweisung. The transaction will not be charged to the customer card until the customer card data have been verified and the payment authorization on the customer card has been received by MCM and it has been confirmed that the ordered Products are available and ready for shipment.

5.3 Unless agreed otherwise, the purchase price is due upon conclusion of the purchase agreement and receipt of the invoice.


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 (hereinafter “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. All packages are usually delivered by the carrier DHL. In Switzerland, delivery is made by Swiss Post. 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 made by the Customer in this information when confirming the order. In cases where the details pertaining to the recipient of a delivery given are incorrect, MCM cannot be held responsible for any delay in the delivery of the order.

6.3 Delivery times will be indicated in the Shop both beside the respective Product and during the ordering process. Unless otherwise agreed, MCM delivers ordered Products within 1-2 working days after receipt of the order (for completion and processing of the order until dispatch, i.e. handing over to carriers), provided the Product is in stock, plus the time required by the shipping method chosen by the Customer (standard or express delivery). Products that are not in stock are identified accordingly in the Shop. In such case, MCM will specify a period within which the Product can be delivered. Orders will be processed from Monday to Friday, with the exception of public holidays. Delivery on Saturday is not possible. In general, Products will be delivered within the time frame indicated when choosing the shipping method. In cases where the Customer has not received the Products within the specified time frame after the order has been confirmed, they are requested to contact MCM by sending an e-mail to [email protected].

6.4 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 1.4 hereof, 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.

6.5 If the customer is an entrepreneur (cf. section 1.5), the customer shall grant MCM a reasonable grace period in cases where the delivery period is exceeded.

6.6 In cases where a Product cannot be delivered due to force majeure (e.g. earthquake, war, strike) or cessation of production and MCM is unable to procure the ordered Product otherwise under reasonable conditions, MCM is released from the obligation to deliver if MCM is not responsible for the relevant circumstances arising after conclusion of the agreement. In this case the Customer will be informed without undue delay and any payments already made by the Customer will be refunded.

6.7 MCM offers free standard delivery for all orders.

6.8 The risk of accidental loss and accidental deterioration of the ordered Products shall not pass to the Customer until the Products are handed over to the Customer; this shall also apply for mail order purchases. Such delivery shall be deemed effected in cases where the Customer is in default of acceptance. If the Customer is an entrepreneur (cf. section 1.5 hereof), the risk of loss of or damage to the Products and any potential damage shall pass to the Customer upon shipment.

6.9 To ensure comprehensive recovery of sales packaging, MCM participates in a waste disposal system within the meaning of section 7(1) of the German Packaging Act. Customers who are consumers (cf. section 1.4 hereof), therefore, can return their sales packaging to any designated collection point of the waste disposal system.


7. Entrepreneurs’ Obligation to Give Notice of Defects
7.1 If the Customer is an entrepreneur (cf. section 1.5 hereof), they shall be obliged to inspect the Products immediately following receipt and to notify MCM of any defects found as set out in section 7.2 hereof. Should the Customer fail to notify us, the purchased Products shall be deemed to have been accepted, unless the relevant defect was not discernible during inspection. Where such a defect becomes apparent later, it must be reported immediately upon discovery; otherwise the purchased Products shall be deemed to have been accepted also with regard to this defect.

7.2 If the Product is received in a damaged condition by the Customer, the Customer shall notify MCM’s customer service by e-mail at [email protected] or by phone on +800-8888-1976 as soon as reasonably possible, no later, however, than two (2) weeks from receipt of the Product or, in case of hidden defects, no later than two (2) weeks from discovery of the defect. The Customer shall provide MCM with detailed information about the defects found and shall retain the original packaging of the Product as well as the package in which it was delivered in the condition received, and shall otherwise follow the instructions given by the customer service representative. The customer service will then initiate its investigations with the carrier. Please note that this process generally takes between eight (8) and ten (10) working days.


8. Retention of Title
The Products delivered shall remain the property of MCM until full payment has been made and all claims arising from the Agreement concluded between the parties have been settled.

9. Default, Set-Off and Right of Retention
9.1 Unless otherwise agreed, the Customer shall be in default after fourteen (14) days from receipt of the Product and the invoice.

9.2 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 an entrepreneur (cf. section 1.5 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.

9.3. 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.

9.4 A right of retention can only be asserted if it is based on the same contractual relationship.


10. Right of Revocation; Exclusion of Revocation
10.1 Right of Revocation for Consumers, Cancellation Policy

Consumers (cf. section 1.4 hereof) have a statutory right of revocation made aware and instructed by MCM as follows:

10.2 Exclusion of Revocation
The above right of revocation shall, however, not apply to the following contractual agreements:

• contracts for the supply of goods which are not prefabricated and where the production thereof is governed by an individual selection or designation made by the consumer or that are clearly tailored to the personal needs of the consumer;
• contracts for the supply of goods likely to deteriorate rapidly or whose expiry date would be rapidly exceeded, and
• contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal is removed after delivery (e.g. sealed medicines, toothbrushes, etc.)

10.3 Model Withdrawal Form

11. MCM Product Return Guideline
Without prejudice to your statutory right of revocation, we grant you a voluntary right of return of 14 days from receipt of the goods. Notwithstanding the above statutory right of revocation 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 you will still be able to cancel the purchase agreement when your 14-days period of revocation (see Right of Withdrawal above) has expired by returning the Product to us within a period of 14 days from receipt (period begins on the date following the receipt of goods).

The following conditions apply to the return of Products:

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, you should return the relevant Product(s) to MCM following the instructions below for product returns.

(i) Products that have been personalized, 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.

(ii) 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.

(iii) Please notify MCM’s customer service on your intention to return Products by sending an e-mail to [email protected] or calling +800 8888 1976 to request a prepaid return label from customer service in cases where said label has not been supplied together with the Product.

(iv) Please complete the return section on the enclosed delivery invoice, indicating the reason for return and the number of items returned.

(v) In the return package, please include the original delivery invoice with the return section completed and the original sales receipt as well as the Product itself.

(vi) Please attach the prepaid DHL (or in Switzerland, the prepaid Swiss Post) transport label supplied with the original delivery to the return package.

(vii) Please contact MCM’s customer service to arrange for DHL or Swiss Post to collect the package from your home.

(viii) Please note that you will have to bear all costs for carriage and handling if you choose to use a carrier other than the one having made the delivery or if you fail to comply with one of the above-mentioned conditions. In addition, you will assume any risks related to the return shipment, and we shall not be liable for any loss, damage, depreciation or a misdirected or delayed transportation of returned Products.

(ix) We regret that we will be unable to refund the price of returned Products that do not meet all of the above conditions; however, you may (within fourteen (14) days of receiving notification that you are ineligible for a refund) request that your goods be returned to you at your own cost in the condition in which they were received by the customer service. The request to return your goods must be made within fourteen (14) calendar days. In your written request you should also declare that you are willing to bear the return costs, stating the method of payment chosen for the return shipment. In cases where you do not request the return of your goods within the abovementioned period of fourteen (14) days, you authorize MCM and its affiliates or agents to destroy the goods.

(x) The above provisions shall not affect the right of revocation for consumers resident in the EU. Until expiry of the statutory right of revocation, the abovementioned statutory conditions shall exclusively apply.

The address for returns within Europe is Switzerland MCM Store
Münsterhof 13
Zürich 8001
Switzerland

Other European countries
ITG GmbH Internationale Spedition + Logistik, c/o MCM
Eichenstrasse 10a, Tor 13
85445 Oberding/Schwaig
Germany

Your credit card will not be charged or, if your credit card has already been charged, we will credit the purchase price of the returned Products including VAT and less the original delivery charges to the same credit card within 8 - 10 working days. To our regret, we cannot 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, we cannot grant a credit for such Products.

ANY RETURN OF ARTICLES USED ONCE IS STRICTLY PROHIBITED. ANY SINGLE USE OF A PRODUCT OF MCM AT A CERTAIN TIME FOR AN EVENT IS A FRAUDULENT ACT. MCM RESERVES THE RIGHT TO USE ALL LEGAL REMEDIES AVAILABLE IN CASES WHERE A CUSTOMER TRIES TO ORDER PRODUCTS FROM MCM USING THEM FOR CERTAIN EVENTS AND THEN CAUSES THE RETURN OF THE RELEVANT PRODUCTS.

12. Warranties and Liability
12.1 The statutory rights of warranty apply. The warranty period is two (2) years from the date of delivery of the Product. If the Customer reports a defect, the Product objected must be returned to MCM without undue delay for inspection. In the event of a justified notice of defects and subject to the timely notification of defects in case of entrepreneur Customers (see section 7 hereof) MCM will remedy the defects at the option of the Customer by way of either rectification or removal.

12.2 In cases where the according statutory conditions are met, MCM is entitled to refuse rectification. If rectification fails after the Customer has set a reasonable grace period, the Customer shall be entitled to reduce the purchase price or, alternatively, to withdraw from the Agreement. The setting of said grace period is not mandatory in case of special circumstances justifying immediate withdrawal after weighing up the mutual interests of both parties, e.g. in cases where both types of rectification have been refused or where the Customer would be entitled to a certain type of rectification that has failed. The right to claim damages is not excluded by the withdrawal from the agreement.

12.3 Claims for damages due to breach of duty or tort as well as claims for reimbursement of futile expenses are excluded both against MCM and against its staff, subcontractors and other vicarious agents.

12.4 The limitation of liability pursuant to Section 12.3 shall not apply if the damage was caused intentionally or by gross negligence or in the event of a breach of essential contractual obligations, i.e. of such contractual obligations the fulfillment of which is essential for the proper execution of the agreement and on the fulfillment of which the Customer may regularly rely, and whose breach on the other hand jeopardizes the achievement of the contractual purpose. Furthermore, it shall not apply to any damage resulting from injury to life, body or health in cases where MCM is responsible for the breach of duty. Furthermore, the limitation does not apply to any damage due to the absence of a warranted characteristic or for which liability is provided for under the German Product Liability Act.

12.5 In the event of a claim for damages for slightly negligent breach of essential contractual obligations and in cases of grossly negligent breach of accessory contractual obligations, liability shall be limited to the foreseeable damage typical for the contract. This shall, however, not apply in the event of personal injury or of any damage due to the absence of a warranted characteristic or for which liability is provided for under the German Product Liability Act.

13. Privacy Policy
MCM is committed to protecting the personal data of its Customers and complies with the applicable rules and regulations governing privacy and the protection of data such as the German Personal Data Protection Act, the General Data Protection Regulation and the German Telemedia Act. Details of MCM's privacy practices are set out in our Privacy Policy.


14. Final Provisions, Online Dispute Resolution
14.1 MCM reserves the right to alter and/or amend these Terms and Conditions of Sale. MCM shall inform the Customer about the altered or amended Terms and Conditions of Sale. The Customer is entitled to object to the altered or amended Terms and Conditions of Sale within a reasonable period of time. Should the Customer fail to object in due time, the new version of the Terms and Conditions of Sale will be incorporated into the agreement.

14.2 The agreement is exclusively governed by the laws of the Federal Republic of Germany. The UN Convention on International Sale of Goods and the German conflict of law rules shall not apply. If the Customer is a consumer (cf. section 1.4 hereof), the mandatory consumer protection provisions applicable in the Consumer’s country of habitual residence shall additionally apply insofar as these offer more extensive protection for the Customer.

14.3 If the Customer is a merchant, a governmental entity or a special governmental estate, the exclusive place of jurisdiction for all claims arising from the contractual relationship shall be Munich. This shall also apply in cases where the Customer's registered office or habitual residence is relocated outside the scope of the German Code of Civil Procedure after the agreement has been concluded or is unknown at the time when an action is filed against the Customer.

14.4 If one or more provisions of these Terms and Conditions of Sale are or become invalid, this shall not affect the validity of the Agreement or the remaining provisions of these Terms and Conditions of Sale. The Customer and MCM undertake to replace the relevant provision by other clauses which are economically appropriate to the contractual purpose.

14.5 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 wellunderstood interest of the Customer to avoid costs.

Last Revision: March 2020