Legal Terms
Welcome to the website of MCM Fashion Group Ltd. (hereinafter referred to as “MCM” or “we”), a company organised and existing under the laws of Hong Kong with principal offices at 1304-5, 13/F, 625 King’s Road, North Point, Hong Kong, SAR of China, under registration number 38938625.
The website and related services are made available to you under the following Terms of Sale, together with any documents they expressly incorporate by reference, namely the Privacy Policy and Terms of Use, whether as a guest or a registered user.
Please read these Terms of Sale carefully before placing any orders on WWW.MCMWORLDWIDE.COM (also referred to as the “Website” or “Site” hereinafter). By using the Website or clicking to accept the Terms of Sale, when this option is made available, you agree and accept to be bound by the Terms of Sale, Terms of Use and Privacy Policy. If you do not agree with the Terms of Sale, please immediately stop using the Site. We recommend you to keep a copy of the Terms of Sale for future reference and check back frequently, as minor modifications may be made from time to time to adhere to the most up-to-date e-commerce laws applicable to our Website. Any changes made to the Terms of Sale after an order has been placed do not apply to that order unless we are required to make the change by law.
In particular, we wish to draw your attention to our policies relating to the Terms of Sale, and our Privacy Policy. Please note that if you are legally considered a minor in the jurisdiction from which you are accessing this Website, you must notify your parent or legal guardian about our Privacy Policy before registering to use this Site and any of its services. We reserve the right to only accept orders from clients over the age of 18, who match the legal age eligibility criteria to make online purchases within the country/region of access.
MCM offers products for purchase directly to its clients through the website WWW.MCMWORLDWIDE.COM. The sale of products on the Site is subject to the following Terms of Sale within the Terms & Conditions. By submitting a purchase order, the Client hereby accepts these Terms & Conditions.
Please note that all Clients placing an order hereby warrant that they are not acting to effectuate re-sales, are purchasing products for a personal account and use, confirm that they are over 18 years of age, and have the full legal capacity or are authorised by a parent or legal guardian to make a purchase.
PRODUCT FEATURES AND AVAILABILITY
PRODUCT FEATURES
Please find information about the essential features of the Products available for purchase on the Product Details page on WWW.MCMWORLDWIDE.COM.
MCM declares all goods made available before personalisation, modification or customisation as in their original conditions. Items or products in their original conditions contain any related accessories as well as all item tags attached, including but not limited to, identification tags, authenticity cards and care instruction booklets. Items or goods deemed non-compliant to the above conditions are regarded as modified beyond their original conditions.
Some Products may be available in different colours. Please note that due to the computer processing of images and in spite of the care taken in producing our Product pages, the colours of Products shown on the Site may be slightly different from their actual colour. The particular technical specifications and settings of your computer and its display could affect the accuracy of its array of the colours of products offered on the site.
PRODUCT AVAILABILITY
Subject to their availability, Products offered for purchase together with their prices shall be valid as long as they are accessible on WWW.MCMWORLDWIDE.COM. Should a Product become unavailable after the order has been placed, or should there be any changes to the prospective delivery date, a notification e-mail will be sent to the e-mail address provided at order placement.
Subject to our Returns Policy, Clients may withdraw from the order before the order is shipped. In this case, the Client is reimbursed via the same payment method used at order placement. Please note that refunds are only issued for the total amount charged for the products. Delivery charges and any additional shipment-related costs are strictly non-refundable. Please allow around three (3) to six (6) business days for processing the refund upon the order cancellation request, and one (1) to two (2) billing cycles for the transaction to be reflected on the Client’s bank statement. Please CONTACT US, should you not have received the refund within thirty (30) days from the date of purchase.
PRICES, TAX AND PROHIBITION ON RE-SELLING
All prices displayed on WWW.MCMWORLDWIDE.COM are quoted as gross prices and are inclusive of any duties and taxes if applicable to your shipping destination and itemised on the Order Summary page.
Australia
Duties are not applicable for Australian orders under 1,000 AUD. As of July 1, 2018, Goods and Services Tax (GST) are displayed at checkout. The total you pay when placing your order includes all duties and tax owed to Customs. Please note, you will not be charged any further costs when your delivery arrives.
Malaysia
As of July 1, 2018, Goods and Services Tax (GST) does not incur at checkout. Sales and Services Tax (SST) ranges from 0% to 10%, and any applicable Tax is displayed at checkout. As the recipient, you are liable for SST levied by the country/region. To avoid any possible delays in delivery, please ensure your mobile number is entered correctly when placing your order. FedEx will contact you for your SST payment confirmation once your order arrives in Malaysia.
New Zealand
If your total order value exceeds NZ$1,000, you need to have a valid client code from the New Zealand Customs Office to receive your parcel. To prevent any unnecessary delays with your order, please ensure you:
• Apply for a client code by filling out the NZCS 224: TSW Client Registration Application
• E-mail the filled-out form to clientcodes@customs.govt.nz
Please visit the New Zealand Customs Service website for further information and ensure that your client code details match your order details carefully. MCM cannot be held liable for any issues related to order inaccuracies provided by our Clients.
Taiwan
From January 2019, you are required to register with the government for total order values below or equal to NT$ 50,000. To prevent any unnecessary delays with your order, please ensure you:
• Provide your local mobile telephone number when placing your order, as this is used to verify your shipment
• Register your details on the E-Commerce Customs Clearance Platform. You can also do this by using the EZWAY app (available for Android and iOS).
As of January 1, 2018, the tax-exempt import threshold is NT$ 2,000. Orders exceeding this amount are subject to tax, which is displayed at checkout. The total you pay when placing your order includes all duties and tax applicable. Please note that you may need to pay a tariff if you have placed orders from outside of the Taiwan area more than twice within the same month and/or six (6) times within a six (6) month period. As the recipient, you are liable for all tariffs levied by the region you are shipping to; payment of these is necessary to release your order from customs on arrival.
Thailand
If your total order value exceeds THB 40,000, you need to declare your order with the Thai Customs Department. To prevent any unnecessary delays with your order, please ensure to:
• Register with Thai Customs here as soon as you receive the order confirmation e-mail from us. Please see the Online Customs Registrations Manual for help with filling out the form.
DDP
We ship to most locations on a DDP (Delivery Duty Paid) basis, which means that all relevant import taxes and duties are included in the product price.
The following destinations are shipped to on a DDP (Delivery Duty Paid) basis: Australia, New Zealand, Singapore, Taiwan, Thailand.
To match the quality of service and prices in our physical stores, we offer our Clients complimentary standard delivery for all orders placed online. An express service is also available for a small charge, which you may choose to opt for during the check-out process. Please note that payment is charged upon order confirmation via the selected payment method and that the purchase of goods with the intent of re-sale is strictly prohibited.
ACCOUNTS & ORDERS
To use some of the services or features made available to you on this Site, you need to register for an account. You are required to provide information about yourself that is true, accurate, current, and complete in all respects for registration. Should you wish to change or update any of your registration information, please CONTACT US via e-mail.
Some of the benefits you may enjoy by registering an account with WWW.MCMWORLDWIDE.COM include:
Customised Experience
• Personalise your recommendations
• Save & share items in your Wishlist
• Manage your newsletter preferences
Faster Checkout
• Securely store your payment information
• Save billing and shipping details
• One-click payments
Easier Order Management
• Receive important order status information
• Access your order history
• Simplify returns
SETTING UP AN ACCOUNT
To create an account, simply click on “Sign In” and then “Create an Account” at the top left-hand side of the home screen. You may also create an account from the shopping cart after clicking on “Checkout”. Certain personal information, such as a valid e-mail address and a password to access the account is requested during the account set up process. Any personal information required is subject to our MCM Privacy Policy. Once the account has been created, a login confirmation e-mail is sent to the e-mail address provided.
Please keep your unique password safe, as you are responsible for maintaining the confidentiality of the access information and for controlling access to your Account. You are also responsible for all activities that occur on your Account, including but not limited to, any purchases of Products made through the Account. Should you notice a breach of security or unauthorised use of your Account, please CONTACT US immediately to take the appropriate security measures. MCM cannot be held liable for any loss or damage caused by our client’s failure to comply with these obligations. At exclusive discretion and at any given time, MCM may cancel 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 & 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.
Please note that there is no necessity to register for an account to shop on our Website and you may always choose to purchase products as a “Guest”. However, the added benefits and services outlined above are reserved for registered clients only and are not available under “Guest” checkout.
PLACING AN ORDER & CONCLUSION OF CONTRACT
Illustrations of the goods in catalogues, 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 is deducted, the Client is provided with a summary of the Products ordered together with details of any delivery costs. The Client is directed to the payment page to finalise the order and click the “Confirm Order and Payment” 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 products. Once payment has been made, an e-mail summary of the order and acknowledging receipt is sent to the e-mail address provided by the Client. This e-mail is not a binding acceptance of the Client’s offer.
MCM reserves the right to reject a Client as a contractual party without giving any reasons for such a decision. The binding acceptance of the offer or the refusal of the proposal is 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.
PAYMENT
To offer our customers the best possible service, several payment methods are available for placing online orders. Please note that the availability of payment methods may change from time to time, and is subject to the geographical region selected when accessing the Site. All transactions are only charged to the Client upon verification of the Client’s payment details, credit authorisation receipt, and confirmation of product availability. Unless special arrangements have been made via MCM Fashion Group Ltd. and agreed otherwise, the payment amount stated on the invoice is due upon invoice receipt.
DELIVERY
For an enhanced online shopping experience, MCM offers a Standard delivery service free of charge. An optional Express Delivery service is available at an additional cost to cater to our Client’s more urgent needs for those last-minute purchases. Clients can select their preferred shipping method when placing an order on our Website. Please note that it is not possible to change the shipping method or delivery address once an order has been placed.
All shipments are fulfilled via FedEx for Australia, Malaysia, New Zealand, Singapore, Taiwan and Thailand. Deliveries to Hong Kong addresses are made via Kerry Express.
To track your order, please visit our Website and click on the “Track Order” button on the top right-hand side. Please have your order number and e-mail address ready to inquire about your order status.
Please note that we work closely with our shipping providers to provide a smooth customs clearance process for all deliveries. We ship to most locations on a DDP (Delivery Duty Paid) basis, which means that all relevant import taxes and duties are included in the product price. However, certain pre-clearance application restrictions may apply to some delivery locations due to local legislation.
For deliveries to Taiwan, please note that additional tariff charges may be applicable if you have placed orders from outside of Taiwan
a) more than twice within the same month or
b) six (6) times within a six (6) month period.
As the recipient, you are liable for all tariffs levied by the geographical region you are shipping to; payment of these is necessary to release your order from customs on arrival. Please contact the Taipei Customs Department should you have any issues.
PLACE OF DELIVERY
The Products purchased on WWW.MCMWORLDWIDE.COM can only be delivered to addresses in select countries/regions. Please visit our WWW.MCMWORLDWIDE.COM website to see whether deliveries are available in your country/region.
Deliveries are made to the address provided when the order is placed and are subject to the receipt of full payment. Please carefully review your delivery details for accuracy and completeness (in particular name, address, number, postal code, etc.), as it is not possible to make changes once the order has been placed. It is not possible to deliver to P.O. boxes, or to any location outside of the country/region selected on WWW.MCMWORLDWIDE.COM when the order is placed. MCM cannot be held responsible for any errors made on the information provided by the Client at the time of order confirmation. Should there be any incorrect information submitted during the placement of an order, MCM cannot be held liable for any delay or failure in delivery.
Please note that deliveries cannot be made to the following delivery-restricted areas in Hong Kong. Should you hold a valid permit for deliveries to any of these locations, please contact us via e-mail when you place your order at contact.hk@mcmworldwide.com.
• Shenzhen Bay Port
• Lok Ma Chau
• Man Kam To
• Sha Tau Kok
• Lo Wu
• Lok Ma Chau Spour Line
• Hong Kong International Airport
DELIVERY PERIOD
All deliveries to Australia, Malaysia, New Zealand, Singapore, Taiwan and Thailand are made Monday to Friday between 9 AM and 6 PM, except on bank holidays where no delivery service is available.
Deliveries to Hong Kong are made Monday-Saturday, except on bank holidays, during the following times.
Monday to Friday: From 9AM to 6PM
Saturday: From 9AM to 1PM
All standard deliveries are free of charge. Please refer to the below table to see how long deliveries may take to your country/region. Please note that the delivery period applies to all orders placed before 12 PM.
Country/Region | Standard Delivery | Express Delivery |
Australia | 4 working days | Next day |
Hong Kong, SAR of China | 1 working day | Same day |
Malaysia | 3 working days | Next day |
New Zealand | 5 working days | 4 working days |
Singapore | 3 working days | Next day |
Taiwan Region, China | 2 working days | Next day |
Thailand | 3 working days | Next day |
Please track your order on our website and CONTACT US via e-mail should you not have received your order within the indicated timeframe and would like further assistance. Kindly note that we cannot be held responsible for any unanticipated delivery delays which may occur due to extreme weather conditions, traffic jams or air travel delays.
RECEIPT OF PRODUCTS
We pay special attention to the quality of our products, carefully inspecting every item before dispatching our online orders and hope that you are pleased with your purchase. Please ensure that your delivery item matches your order upon receipt and check the product for any defects or damage.
Should you find any damages or defects with your product, please CONTACT US within 72 hours of receipt via e-mail with detailed information about the damage or fault and pictures for reference (to help speed up the process). Please keep all original product packaging and the parcel in the condition of receipt. One of our customer services representatives will be in touch with you and begin an investigation with the shipping carrier. This process protects the quality of products of any defects which may have been caused during delivery and generally takes between 8-10 working days.
RIGHT OF WITHDRAWAL FOR CONSUMERS
Returning an item could not be easier. You can try your purchase within the comfort of your own home and let us know if you would like a refund straight away and we will collect it for you. You have 14 days from the day of receipt of the merchandise to contact our customer services to arrange for a complimentary returns collection and send your purchase back to us. Please see our Returns Policy for further information.
Moreover, should you be a resident and are placing an order in Taiwan or Thailand, please note that you have the statutory right to rescind the sales contract with MCM in writing within seven days upon the receipt of goods. Please refer to the below guidelines to exercise your right of withdrawal. However, we would like to kindly advise our Clients to follow our Returns Policy and procedures for their protection, as they provide a more secure returns method covered by complimentary insurance and is free of charge.
Right of Withdrawal
Residents of Taiwan and Thailand placing orders within Taiwan and Thailand may withdraw from the sales contract within seven days upon the receipt of goods without stating any reasons unless the products have been customised for you (e.g. have printed your customised initials on a bag), in which case the right cannot be exercised. This right expires after seven days. You must notify us in writing to exercise your withdrawal rights, clearly stating your decision to withdraw from the sales contract by an unequivocal declaration (e.g. a letter sent by mail, fax or e-mail). To observe the withdrawal period, it is sufficient that you send the notification concerning your exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Exercising the Right of Withdrawal
Should you choose to withdraw from the sales contract instead of requesting a return, we will refund any payments which we have received from you within fifteen (15) days of our receipt of the returned goods in their original conditions (applicable only to residents of Taiwan and Thailand). Please note that we cannot refund any express delivery shipping costs which may have incurred as an additional cost due to the customer’s delivery preference when a free standard delivery option was available. The same method of payment is used to process any refunds, including those made via exercising the right of withdrawal unless explicitly agreed otherwise. Under no circumstances will there be any additional charges or fees related to the return payment. We have the right to refuse repayment until we have received the returned goods in their original condition or until you have provided proof that you have returned the goods in their original condition, whichever occurs first. You shall return the goods immediately and, in any case, no later than seven (7) days from the date on which you notify us of your exercise of the right of withdrawal from the contract. The deadline shall be deemed to be observed if you dispatch the goods before the expiry of the term of seven (7) days. Please note that you will bear all direct costs of the return of the products should you choose to exercise this right, as well as any potential costs of a possible loss in value of the goods.
RETENTION OF OWNERSHIP AND TRANSFER OF RISKS
MCM shall retain full ownership of the Products ordered until payment has been received in full.
RETURN POLICY
Returning an item could not be easier. You can try your purchase within the comfort of your own home and let us know if you would like a refund straight away and we will collect the item for you. You have 14 days from the day of receipt of the merchandise to contact our customer services to arrange for a complimentary returns collection and send your purchase back to us.
Please ensure your return meets the following returns conditions, as we may otherwise not accept it and not issue any refunds.
Should your refund be rejected, you have the option to request the merchandise to be sent back to you at your own cost within fourteen (14) days of being notified that the return has not been accepted. Please e-mail our customer services with your shipping and payment details to arrange for this option. If this option has not been requested within the given timeframe, MCM and any of its affiliates or agents are authorised to dispose of the merchandise.
RETURNS CONDITIONS
1. The product is in its original condition with all tags still attached, including but not limited to, all identification tags and authenticity cards
2. The return includes all of its original packagings
3. The product includes all of its original parts and accessories
4. Includes the original proof of purchase at WWW.MCMWORLDWIDE.COM
5. The product has not been discounted during Sale (Only full-price merchandise can be returned)
Please note that products that have been modified beyond their original conditions as well as goods/items which are damaged, worn, soiled, laundered, altered or used in any other way (except for trial fitting), cannot be returned. This includes any personalised, monogrammed or goods/items otherwise modified or produced to the customer’s specifications. The same applies to goods/items which are tailored to the customer’s requirements.
WARDROBING IS STRICTLY PROHIBITED. THE LIMITED USE OF MCM PRODUCT FOR A SPECIFIC TIME FOR AN EVENT OR ENGAGEMENT IS A FORM OF FRAUD. MCM RESERVES ALL LEGAL AND EQUITABLE CLAIMS SHOULD CLIENT ORDER THE PRODUCT(S) AND USE THE SAME FOR PARTICULAR EVENTS AND THEN ATTEMPT TO EFFECTUATE A RETURN OF THE PRODUCT(S).
RETURNS INSTRUCTIONS
1. Please check that the order you would like to return meets the returns conditions.
2. Contact our customer services to arrange a collection for your return. Please note that if you choose to arrange a return with a different carrier, we cannot cover the shipping and handling costs and you will solely be held liable to for any loss, destruction, damage, misdirected or delayed shipment of the return.
3. Complete the returns portion within the enclosed packing invoice and ensure to include this form as well as the original invoice and product you would like to return in the parcel.
4. Seal the returns parcel with the prepaid return label, which has been included with the original shipment. Please contact our customer services via e-mail if the return label was missing from the original package to receive a new one.
RETURNS REFUND
We will refund the purchase price of the returned product(s), sales tax included, less the original shipping costs, to the same credit card or method of payment used within 8-10 business days once the returned merchandise has been received, checked and accepted.
We do not accept merchandise that has been worn, used, altered or damaged. Products that have been marked down/discounted during Sale periods, or Products marked as “Final Sale” at the time of the order cannot be returned or refunded, and we do not issue any credit towards these products.
WARRANTY
Every MCM product comes with a one (1) year limited warranty card, which guarantees that the merchandise has been carefully inspected and is in perfect condition at the time of purchase. This warranty covers all manufacturing defects and is valid from the date of purchase. Statutory warranty rights or consumer guarantees may further apply to the Products purchased from MCM under the applicable laws of the jurisdiction from where this Website is accessed.
In case of a defect of the goods not caused during shipment, the Client may request a quality performance assessment of the manufacturer.
LIABILITY
In case of a breach of duty and of tortious acts as well as claims for compensation due to futile expenditures, claims are excluded both against MCM and its vicarious agents and parties employed in performing a contractual obligation for whom the principal is vicariously liable.
The above limitation of liability shall not apply if the damage was caused deliberately or in a grossly negligent way, as well as in the case of violation of essential contractual obligations (see “WARRANTY” above). Furthermore, it shall not apply to damages arising from the violation of life, body or health, if MCM is responsible for the breach of obligation. Moreover, the limitation of liability does not apply to damage, which is based on the absence of an assured characteristic or for such damage, for which liability is provided by the applicable product liability law.
APPLICABLE LAW
These terms and conditions are governed by and shall be construed under the laws of Hong Kong in conjunction with the legally applicable laws of the country/region where this Website is accessed from. For instance, the Privacy terms within these Terms & Conditions comply with the Hong Kong’s Personal Data (Privacy) Ordinance, the Personal Data Protection Act (PDPA) of Malaysia, Singapore, and Thailand, the Personal Information Protection Act of Taiwan, as well as the Privacy Act of Australia and New Zealand. MCM and the Client hereby irrevocably agree that any disputes arising out of or in connection with any use of this Website or any purchase or dealing conducted via this Website shall be subject to the exclusive jurisdiction of the Hong Kong courts.
MERGER
These Terms of Sale, Terms of Use and Privacy Policy are the only agreements by and between you and MCM. After an order has been placed, the customer shall receive a confirmation, an invoice and these Terms & Conditions via e-mail. MCM does not store a separate text of the contract, which would be accessible to the Client on the internet.
Our Client Services team is available Monday to Friday from 11 AM to 8 PM (AEST)
Mon to Fri 11 am to 8 pm AEST
Live chat available