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Terms of service

SALES CONDITIONS

The following General Terms and Conditions of Sale govern the offer and sale on the website mcs.com (hereinafter Site) and are drawn up in accordance with the legislative provisions of the Italian Civil Code, Legislative Decree No. 70/2014 regarding information society services and electronic commerce, and the Consumer Code.

The products marketed on mcs.com are sold directly by Nemesis S.r.l., with legal headquarters at Via Giuseppe Mengoni n.4, 20121 Milan and operational headquarters located at Corso Mazzini, 84/5 31044 Montebelluna (TV), VAT number 04612670267 (hereinafter the Seller).

 

SCOPE OF APPLICATION

The General Conditions of Sale apply and govern all sales contracts concluded through the Seller's Site, as identified above.

The General Conditions of Sale may be subject to changes, and each User is required to consult them before proceeding with any purchase. It is the User's responsibility to verify the General Conditions of Sale before submitting the order.

The General Conditions of Sale apply regardless of the User's nationality, provided that the delivery of the products must take place in one of the countries for which the Site offers online sales service and that said Country corresponds to the User's registration country.

The purchase of products on the Site is exclusively reserved for consumers. A consumer is defined as any natural person acting for purposes unrelated to their commercial, entrepreneurial, artisanal, or professional activities.

 

CONCLUSION OF THE CONTRACT

These General Conditions of Sale are an integral and essential part of the sales contract between the Seller and the User. The electronic submission of the order by the User implies total knowledge and full acceptance of these General Conditions of Sale.

If the User does not agree with one or more terms contained in these General Conditions of Sale, they are requested to refrain from making purchases on the Site.

To proceed with the online purchase of one or more products, the User must first register on the Site, providing the Seller, in compliance with data protection regulations, all necessary information to allow the latter to execute the submitted orders.

To conclude their purchase contract, the User must submit their order following the procedure indicated on the Site. The electronic submission of the order creates an obligation for the User to pay the indicated price.

To complete the purchase, the User is required to confirm the payment of the price of the products added to the cart. Orders that do not register the corresponding transaction are automatically canceled.

When the User places an order, they will receive an email containing the confirmation of receipt of the order and a summary of it: this communication will not constitute automatic acceptance of the order.

The Seller reserves the right to refuse orders that are incomplete and incorrect or from users with whom there is an ongoing dispute regarding the payment of a previous order. In such cases, the User will receive an email with the refusal of the order specifically motivated.

If the products presented on the Site are no longer available at the time of the last access to the Site or from the sending of the order, it will be the Seller's responsibility to inform the User, within 5 days from the day following the one on which the order is transmitted, of the unavailability of the ordered product. In case of payment made, the Seller will proceed to refund the price without being obliged to further compensation. 

The order form contains a reference to these General Conditions of Sale and the Privacy Policy, as well as a summary of the essential characteristics of each ordered product and the related price, accepted payment methods, and delivery methods for the purchased products, shipping costs, conditions for exercising the right of withdrawal, and the methods and times for returning the purchased products.

The User can, at any time, monitor the status of their order by consulting Customer Service through the appropriate link/section or accessing their personal area.

 

PRODUCT FEATURES

The products sold through the Site are clothing items and accessories, present in the online catalog at the time of the order.

The product catalog may be updated and modified periodically, therefore the availability of a product among those available online is not guaranteed.

Each product is presented with a descriptive sheet where all essential characteristics are reported; the images and colors of the products offered for sale may not exactly correspond to the real ones due to the settings of the computer systems used by the User to view the Site. Therefore, the images of the products should be considered indicative and are subject to normal tolerances of use.

 

SELLING PRICES

All selling prices of the products indicated on the Site are inclusive of VAT, if applicable based on the country of shipment of the products and any other tax that may apply to the sale.

Product prices may be subject to updates and changes. The User is required to verify the final selling price before submitting the corresponding order. A clear material error reported in the price on the Site compared to the commonly known price of the chosen product gives the Seller the right not to confirm the shipment and proceed with an immediate refund of the amount paid by the User without the latter being able to raise objections in this regard.

Discount codes are valid exclusively for purchases made on www.mcs.com, for single use unless otherwise indicated, and are not applicable to already discounted products, on sale, or on promotion.

The right to modify and/or introduce discounts and alternative incentives is reserved, at exclusive discretion. Changes or updates will take effect immediately after the publication of the new version on the site, without prejudice to rights already acquired with purchases made before the publication of such changes.

All products belonging to the Capsule Collection MCS 1987 are excluded from promotions, discounts, and the use of discount codes. Therefore, any promotional campaigns active on the site are not applicable to this limited edition collection.

 

PAYMENT METHODS

For the payment of the price of the products and the related shipping and delivery costs, if applicable, the User may follow one of the methods indicated in the order form.

In the case of payment by credit card, the payment procedure will take place via a secure connection directly linked to the banking institution that owns the online payment service, to which third parties cannot have access. In particular, financial information (e.g. credit/debit card number, expiration date) will be transmitted via encrypted protocol, which provides the related remote electronic payment services, without third parties being able to access it. Such information will never be used and/or stored in any format (including electronic) by the Seller.

The User is solely responsible for the data entered and therefore guarantees to use only credit/debit cards for which they have legitimate availability.

 

DELIVERY METHODS

Products are delivered, via affiliated couriers, directly to the User at the shipping address specified in the order.

By filling out the personal data form in the registration procedure necessary to activate the process for the execution of this contract and further communications, the User authorizes the Seller to communicate the personal data to trusted couriers and/or shippers used for the delivery of the purchased products in order to allow the necessary procedures for their delivery.

The Seller will do its best to fulfill the order placed within 2 working days and in any case no later than 30 days from the day following the one on which the User placed the order.

Delivery times include only working days and do not account for holidays.

The Site allows requesting the delivery of ordered products to an address different from the User's own, provided that it is within the country of residence indicated by the User at login; in any case, it is the User's responsibility to provide all necessary references for the successful delivery. 

It is never possible to collect the products purchased through the Site directly at the Seller's warehouse.

The shipping costs and types of shipping available may vary depending on the Country and the shipping methods chosen by the User.

These expenses and any additional costs are the responsibility of the User. The relevant amount will be expressly and separately indicated in the order summary, before the User proceeds to transmit it, as well as in the order confirmation email. 

Both in Italy and abroad, the delivery procedure provides that, in the event of the recipient's absence at the time of the courier's access, the agent will leave a notice in order to subsequently complete the shipment, indicating the contacts to be reached to arrange the second delivery. In case of no agreement for the second delivery, the package will remain in storage at the courier's warehouse, and it will be the User's responsibility to arrange for collection.

In the event of non-collection within 3 days, the package will be returned to the Seller. In this case, the contract will be considered resolved pursuant to art. 1456 c.c., with communication from the Seller sent via e-mail to the User, and thus the order will be canceled.

The User always has the option to check the status of their order through the appropriate link by entering their order number or through their personal area.

The order must be placed directly from the site of the Country where it will be delivered. Orders placed from the Site of a Country different from the destination or to an address not accepted by the courier will be automatically canceled.

 

USER OBLIGATIONS

It is strictly forbidden for minors to place an order on the Site.

The data entered during the purchase phase must exclusively be the User's real personal data and not that of third parties or fictitious. The Seller reserves the right to take legal action against any violation and abuse, in the interest and for the protection of all consumers.

The User indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the User, being solely responsible for the correct entry.

Upon receipt of the products, the User is required to verify their compliance with the order. In particular, they must pay attention to the correspondence between the number of packages indicated on the carrier's letter and those delivered, as well as the integrity of the packaging.

Any anomalies (e.g. tampering, damage) must be specified in writing directly on the courier's transport document, and the User must refuse delivery.

At the same time, the User is required to report the matter to the Seller's Customer Service through the appropriate link.

If the User accepts the delivery of tampered, damaged products, they will lose the legal warranty of conformity of the products.

 

RESPONSIBILITY 

The Seller assumes no responsibility for disruptions due to force majeure such as, by way of example, accidents, explosions, fires, strikes, earthquakes, and other events that prevent, in whole or in part, the execution of the contract within the agreed times. 

The Seller will not be liable to any party or third parties for damages, losses, and costs incurred as a result of the non-execution of the contract for the aforementioned reasons, with the customer entitled only to the return of the price paid.

Similarly, the Seller is not responsible for any fraudulent and illegal use that may be made by third parties of credit cards, checks, and other means of payment at the time of payment for the products. The Seller, in fact, at no time during the purchase process is able to know the User's credit card number, which, when a secure connection is opened, is transmitted directly to the banking service provider.

 

RIGHT OF WITHDRAWAL 

The User can exercise the right of withdrawal and return the received product, without any penalty and without specifying the reason, in accordance with the terms and conditions set out below.

The User can always request a return directly from the Site, by filling out and sending the contact form to Customer Service or by filling out and sending the return form to the Seller following the procedure mentioned therein. 

The products must be returned intact, undamaged, unworn, and unwashed, and provided with the barcode and any other seal and tag that is part of the products; products that are returned incomplete, ruined, damaged, or deteriorated will not be refunded.

The products intended for return must be delivered to the courier within 14 days from the User's communication to the Seller of their intention to withdraw from the contract.

The return shipping costs of the products will be borne by MCS.

After the return of the products, the Seller will carry out the necessary checks regarding their compliance with the conditions and terms indicated therein.

If the right of withdrawal is correctly exercised, the Seller will refund any amounts already collected from the User for the purchase of the products, excluding shipping costs and any cash on delivery fees.

Regardless of the payment method used by the User, the refund is activated by the Seller  as soon as possible and in any case within 14 days from the date on which the Seller became aware of the exercise of the right of withdrawal, subject to verification of the correct execution thereof and verification of the returned products.

The Seller will issue the refund using the same payment method used by the User for the purchase of the returned products, even if a virtual and/or disposable credit card was used. The Seller cannot in any way issue a refund to a credit card different from the one used for the purchase, except in the case where the card itself has expired in the meantime or has been stolen: in that case, the User can send an email to customer.care@mcs.com to agree on the most appropriate refund method.

 

CONFORMITY WARRANTY

According to the law, the Seller is obliged to deliver to the User goods that conform to the sales contract, and the Seller is liable for any conformity defects of the products existing at the time of delivery or that manifest within two years from delivery.

For the validity of the warranty that precedes, the User must report the conformity defect to the Seller within two months of discovery, under penalty of forfeiture, by contacting Customer Service via the appropriate link. The report must contain an accurate and complete description of the alleged defects.

Customer Service will provide the User with instructions for the return of the defective product, which will be at the Seller's expense.

The User will have the right to request the termination of the contract and the refund of the amount paid or, alternatively, the replacement of the product. In case of minor defect, the User will only have the right to the replacement of the product.

In any case, defects of conformity resulting from damage due to accidental events or from the User's liability for non-compliant use of the product are excluded from the legal warranty.

 

APPLICABLE LAW

Any dispute regarding the application, execution, interpretation, and violation of the sales contracts concluded through the Site is subject to Italian law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

In any case, the rights possibly granted to the Consumer by mandatory legal provisions in force in the State of residence or domicile of the latter shall remain unaffected.

 

DISPUTE RESOLUTION

Alternatively to judicial resolution of disputes, the consumer can submit their complaint to the Online Dispute Resolution Platform for out-of-court dispute resolution (European ODR Platform) in accordance with Article 14, §1 of EU Regulation 524/2013. For further information, please consult the address http://ec.europa.eu/odr.

For the purposes of communications provided for the online resolution of disputes, please indicate the following email as the Seller's correspondence address: customer.care@mcs.com.

 

CHANGES AND UPDATES

The Seller reserves the right to modify the Site, policies, and these General Sales Conditions at any time to offer new products or services, or to comply with legal or regulatory provisions. The User accessing the Site and placing an order will adhere to the policies and terms of the General Sales Conditions in effect at the time the order is placed, unless any changes have retroactive effect under applicable law. If any of the provisions herein are deemed invalid, null, or unenforceable, such condition shall not affect the validity and effectiveness of the other provisions.

 

GENERAL CONDITIONS FOR THE PURCHASE AND USE OF THE MCS GIFT CARD

The MCS Gift Card is a prepaid digital voucher that can be purchased exclusively online at the official website www.mcs.com (hereinafter “Site”), usable for the purchase of products sold on the same Site. It can be purchased for personal use or to be given as a gift to others.


At the end of the purchase procedure, the Gift Card is sent via email to the recipient (“Beneficiary”), according to the data provided by the buyer (“Buyer”), complete with a unique code to be used at checkout. The Gift Card is immediately active and does not require activation.


Purchase method of the gift card 

The Buyer selects the desired amount from those available and fills out the form with the following data:

  • Name of the sender;

  • Name and email address of the recipient;

  • Any personalized message;

  • Date of sending the Gift Card.


The submission of the order constitutes full acceptance of these General Conditions, the General Sales Conditions available in the “Sales Terms” section of the Site, and the Privacy Policy.

Gift Cards cannot be combined with discount codes or promotions and cannot be purchased with other gift vouchers.


Right of withdrawal

The Buyer, if qualifying as a consumer under Legislative Decree 206/2005, may exercise the right of withdrawal within 14 days from the date of purchase, exclusively in the event that the Gift Card has not been used.


The refund will be made using the same payment method used for the purchase, within 14 days from the receipt of the withdrawal communication and verification of the non-use of the Gift Card. In this case, the code will be disabled and the Beneficiary will be informed of the deactivation.


Use of the Gift Card

The Gift Card can only be used on the website www.mcs.com. To use it, the Beneficiary must enter the code at the time of payment. It is possible:


  • Use the Gift Card in one or more orders, until the credit is exhausted;

  • Supplement the payment with other methods if the order amount exceeds the available credit.


It is not possible to use more than one Gift Card for a single order. Purchasing other Gift Cards with a Gift Card is not allowed.


Validity period of the Gift Card

The Gift Card is valid for 24 months from the date of purchase. After this period, any remaining credit is considered definitively lost and non-refundable.


Loss, theft, and misuse

The Gift Card is a bearer instrument. MCS is not liable in case of:

  • Loss, theft, or unauthorized use of the code;

  • Incorrect sending by email caused by the Buyer's error;

  • Use by unauthorized persons.


Return of products purchased with Gift Card

In the case of a return of a product paid entirely with a Gift Card, the amount will be credited back to the same Gift Card, maintaining the original validity (12 months from the date of issuance).


If the payment was made partially with a Gift Card and partially with another method, the refund amount will be divided proportionally: the corresponding part will be credited back to the same Gift Card, while the remaining amount will be refunded via the original payment method.


Privacy

The personal data provided during the purchase and those of the Beneficiary are processed in accordance with EU Regulation 2016/679 (“GDPR”), for purposes related to the issuance, sending, and use of the Gift Card. The Data Controller is Nemesis S.r.l., which ensures the respect of the rights of the data subject. For more information, please refer to the Privacy Policy.


Customer Service

For requests, complaints, or malfunctions of the Gift Card, the Buyer or the Beneficiary can contact the MCS Customer Service via email at customercare@mcs.com.

 

CUSTOMER SERVICE AND COMMUNICATIONS

The User can request any information through customer service by sending an email to customer.care@mcs.com