PLEASE READ CAREFULLY
1 TERMS OF USE
1.1 INTRODUCTION
1.2 CONDITIONS OF USE AND SERVICE
1.3 DATA and INFORMATION PROTECTION
1.4 DISCLAIMERS AND LIMITATIONS
2 YOUR ORDER
2.1 PLACING YOUR ORDER ÒFollow these stepsÓ
2.2 ELIGIBILITY TO PURCHASE
2.3 ORDERS
2.4 ACCEPTANCE OF YOUR ORDER
2.5 PAYMENT
2.6 INSURANCE
2.7 TRACKING YOUR ORDER
2.8 CANCELLATION AND RETURNS
3 DELIVERY
3.1 INSIDE EU
3.2 OUSTIDE EU
3.3 THE MK4TM LTD. COMMITMENT
1 TERMS OF USE
1.1 INTRODUCTION
1.1.1 We welcome you to www.mackeene.com, a beachwear brand created by MK4TM Ltd and its affiliates.1.1.2 This agreement describes the terms and conditions for the use of www.mackeene.com (which represents several top-level domains,including but not limited to mackeene.com).
Buyer or reader confirms that you have read and accept these terms of use, and that you agree to be bound by them.
1.1.3 We reserve the right to modify and amend these terms of use from time to time, for any reason, and without prior notice; use of the website as a reader or buyer indicates your acceptance of any changes.
You are responsible for regularly reviewing these terms of use.
1.2 CONDITIONS OF USE AND SERVICE
1.2.1 Your use of mackeene.com is in accordance with these terms of use, and MK4TM may deny service or membership without prior notice if you fail to comply with them.1.2.2 We reserve the right to remove any content posted by you or other members at our sole discretion, for reasons including but not limited to that it is unlawful, threatening, libelous, defamatory, fraudulent, obscene or otherwise objectionable, or because it may infringe or violate any party's intellectual property or privacy.
1.2.3 While we do our best to monitor the content of the website, you understand and agree that you may encounter material with which you disagree or find objectionable, and that you use the website with this understanding and acceptance, and do not hold MK4TM liable.
1.2.4 MK4TM reserves the right to make changes to the website or our service without prior notice, and to charge for our services or for particular features, and to modify any fees or services without prior notice.
1.2.5 By posting or submitting content or information on the website, you automatically grant MK4TM a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right to display such content on our website.
1.3 DATA and INFORMATION PROTECTION
1.3.1 www.mackeene.com is based upon trust and privacy. All personal information provided to MK4TM is treated with the utmost confidence and care1.3.2 We will not disclose any personal data to any third party without being entitled to do so and with your express permission.
1.3.4 Access to your private information is limited to webmasters and management of MK4TM Ltd. No other employees, contractors or third parties will have access to this information without your express permission.
1.3.5 www.mackeene.com may access, preserve, and disclose the contents of your account if required to do so by law, or in the belief that such actions are reasonably necessary to comply with legal requirements or to protect the rights and property of MK4TM Ltd.
1.4 DISCLAIMERS AND LIMITATIONS
1.4.1 Disclaimer of Warranties: MK4TM Ltd and its affiliates, licensors, partners, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability, or availability of information or materials displayed on any of our websites.The www.mackeene.com service, and all materials, information (including, without limitation, any information or materials obtained or accessed through the mackeene websites), products and services included therein are provided "as is," with no warranties whatsoever.
MK4TM expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
1.4.2 Limitation of Liability: Under no circumstances will MK4TM be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your use of mackeene.com.
Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the mackeene.com service, from inability to use mackeene.com, or from the interruption, suspension, or termination of the mackeene website (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
1.4.3 Miscellaneous Provisions: These terms and conditions will be governed by and construed in accordance with the laws of England, without giving effect to its conflict of laws provisions or your actual state or country of residence.
The parties agree to submit to the personal and exclusive jurisdiction of the courts located in England, United Kingdom. If for any reason a court of competent jurisdiction finds any provision or portion of these terms and conditions to be unenforceable, the remainder of the terms and conditions will continue in full force and effect.
You shall not assign these terms and conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.
Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall mackeene.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These terms of use constitute the entire agreement between you and MK4TM with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms and conditions by a party will be effective only if in writing and signed by a party.
1.4.4 Copyright and Trademarks: MK4TM Ltd and its affiliates and licensors own and retain all rights in the mackeene.com website and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. "MK4TM" and "mackeene.com" are trademarks of MK4TM Ltd. All content on mackeene.com is copyright MK4TM Ltd.
2 YOUR ORDER
2.1 PLACING YOUR ORDER ÒFollow these stepsÓ
1st STEPIf you havenÕt been directly moved to the product you are looking for, then select you product by clicking on the name which matches to your request.
2nd STEP
Use the small forms on the top right of the screen where you will be given information on sizing, color options, and quantities remaining in stock.
3rd STEP
Add merchandise to your shopping bag by clicking on the ÔAdd to my shopping bagÕ button above the large picture.
4th STEP
Review the items you have chosen in your shopping bag. To delete an item from your shopping bag, click on the ÔRemoveÕ button next to the item. To change the number of items, click on the ÔupdateÕ button.
To purchase, click on the ÔProceed to purchaseÕ button.
5th STEP
Fulfill your personal information such as your shipping address and continue by clicking again on the ÔProceed to purchaseÕ button.
4th STEP
Review and verify the items, price and shipping information and proceed to the payment via the secured website Paypal by clicking on ÔPurchase nowÕ button.
5th STEP
Follow the Paypal steps to pay by Credit Card or with your Paypal account.
The payment done, you will be redirect to our confirmation page.
If you prefer to place your order by telephone
2.2 ELIGIBILITY TO PURCHASE
2.2.1 The purchase of merchandise through MK4TM Ltd is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.2.2.2 In order to make purchases through the Site, you will be requested to register and provide your personal details.
In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated.
Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
2.2.3 Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. MK4TM Ltd. reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
2.3 ORDERS
2.3.1 All orders are subject to acceptance and availability.2.3.2 MK4TM Ltd. offers products for sale that are in stock and available for dispatch from our distribution center.
Occasionally, however, we may be waiting for shipments from our factory suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase.
This will ensure that you receive this item in priority once suppliers stock has been delivered to MK4TM. MK4TM will only take Advance Purchase orders for stock that has been scheduled for delivery.
Your rights regarding Advance Purchase are the same as those for any other purchase at MK4TM; alternatively you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
2.3.3 Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit card within thirty days of being advised that merchandise has become unavailable.
2.3.4 Prices shown on the site are in EUR and are VAT included.
2.3.5 If you are buying from outside the Europe, you will also incur carriage costs and any duties levied by the jurisdiction to which you have specified delivery.
2.4 ACCEPTANCE OF YOUR ORDER
2.4.1 Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.2.4.2 Unless you cancel your order in accordance with our Cancellation policy below, acceptance of your order and completion of the contract between you and MK4TM will be perfected when we despatch the goods to you. The sale contract is therefore concluded in London, England and the language of the contract is English.
2.4.3 We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out above.
2.4.4 Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
2.5 PAYMENT
2.5.1 Payment can be made by Visa, MasterCard from PAYPAL website. Payment will be debited and cleared from your account upon receipt of your order by www.mackeene.com.2.6 INSURANCE
2.6.1 MK4TM Ltd. insures each purchase during the time it is in transit until it is delivered to you. You will be asked to sign for any goods delivered at which point responsibility for your purchased goods passes to you.2.7 TRACKING YOUR ORDER
2.7.1 Once you have your order has been placed and the payment accepted by Paypal, you will receive an email from FedEx acknowledging your tracking number which leaves you the possibility to trace your package in live.2.8 CANCELLATION AND RETURNS
2.8.1 All items for return must have a Return Number (RN). For returns of faulty goods please follow the same process subject to the conditions detailed below.The (RN) can be obtained by contacting us from this form. Once you have received your (RN) please take care to follow the instructions emailed to you and detailed below. Please note that unidentified returns may be returned to the sender.
2.8.2 We request that all goods are returned within 7 days of receiving your order.
2.8.3 Returns received are accepted at the discretion of MK4TM Ltd. and can only be refunded as a 'store credit'.
2.8.4 MK4TM will not accept returns for any non-faulty items that have been worn, packaging hurts and tags removed.
Upon receipt of an order, if any item has been received with no tags, customer should notify us (by phone or email) on the same day if they wish to return.
2.8.5 We strongly advise all customers to check garments thoroughly upon delivery before removing any attached tags and before disposing of any original packaging.
2.8.6 Please note that we do not accept liability for returned goods if you do not return them to us via FedEx.
2.8.7 In the event of any failure to return any goods to us within the stipulated time limits, even though validly cancelled, we shall have the right to charge any costs of recovery of the goods.
2.8.8 Please be aware that international customs duties and sales taxes are NOT refunded for shipments outside the European Community (EU).
2.8.9 All returns for any particular order need to be returned in one shipment. Any subsequent returns from the same order may incur additional shipping cost.
2.8.10 The (RN) number should be written on your original invoice and on the return-shipping label (FedEx Express waybill slip). We request that returns are shipped through our shipping partner FedEx.
2.8.11 For further information you can contact one of our customer service representatives who will be happy to talk you through the procedure; simply call our customer service on:
Phone : +33 (9) 7994 4798 | Skype : mackeene
Alternatively, contact us with this form with any questions you may have.
3 DELIVERY
3.1 INSIDE EU
EUROPE - Delivery time 3 - 5 working daysAll package and posting is free.
Goods will be sent using the FedEx Express Delivery service, which will require a signature upon delivery.
If no one is available at the delivery address to sign for the goods a post will be left with details for re-delivery and/or collection.
If you do not arrange collection of the goods from your local sorting office and the goods are returned to us, 20euros re-delivery charge will be incurred.
3.2 OUTSIDE EU
Rest of World - Delivery time is up to 7 working daysAll package and posting is free.
Please note:
- This (where possible), will be a registered delivery that will require a signature upon delivery.
- For all deliveries outside Europe we are only able to deliver to your credit card billing address.
- Any duties payable will be the sole responsibility of the customer and may need to be paid at the time of delivery.
3.3 THE MK4TM LTD. COMMITMENT
We will endeavor to despatch goods as quickly as possible. The Goods will be packaged securely and labeled clearly.If any item you have chosen is not available we aim to contact you via your e-mail address or via telephone within 2 business days of receiving your order.
© 2006-2008 MK4TM Private Limited Company. All Rights Reserved.
Material published on this Site is copyrighted by MK4TM or its licensors. All rights reserved. Web Site © 2006-2009 MACKEENE.COM.
MK4TM Ltd. reserves the right to make changes to this policy, notably in line with any revised legislation.
Please check back from time to time to ensure you are aware of any changes in our privacy policy practices.
Your continued use of our site will signify your acceptance of these changes.