Terms & Conditions
Please review the terms and conditions of use carefully, as they govern your use of Mcouture.com (“MCOUTURE”).
For fitting, sizing, or under any circumstance of dissatisfaction, the buyer has 10 days to re-activate the listing and sell the item free of charge, meaning no commission will be given to MCOUTURE for the re-sale.
The buyer has 10 days to re-activate a listing. This can be done easily from the MCOUTURE’s account, under the orders tab. Simply click on the order, and select the item to re-activate. After this delay, the buyer will have to use the regular selling process described above, including MCOUTURE’s commission.
An authentication service is available at MCOUTURE, with the fee of $25 per item. Using this service, the transaction will be guaranteed by MCOUTURE. In this case, the item will be shipped to MCOUTURE for inspection and authentication, and then shipped to the buyer. Buy subscribing to the authentication, the buyer accepts and consents to an additional shipping delay.
In the case where the authentication process exposes significant damage; false advertising or a counterfeit item: the transaction will be cancelled. The seller will then be responsible to pay for the shipment of the item back. Whether MCOUTURE accepts or rejects a product submitted to authentication, the authentication fee will not be refunded.
Our exclusive shipping carrier is CANADA POST. The delivery rate varies from locations. Note that delivery is FREE for all orders over $200 before taxes. MCOUTURE is not responsible for any delay or loss of any purchase. A tracking number is provided to the buyer via email as the order is being sent for delivery. In case of problem, the buyer is responsible for tracking the parcel using the tracking number from the shipping confirmation email and contacting Canada Post directly for the follow up.
The reselling price is established by the seller based on the retail value of the item and its condition. MCOUTURE will propose a resale price based on the market value and demand, but the seller can modify the resale price. MCOUTURE’s team verifies all prices before enabling them on the website. Any item listed with unreasonable prices will be rejected or disabled from the website.
In addition to the terms and conditions of this Agreement, any contests, surveys, games or similar promotions made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.
You may cancel your account at any time by contacting our Member Care team via email at email@example.com. You are responsible for paying any fees owed to MCOUTURE upon termination of your account.
MCOUTURE may restrict, suspend, or terminate your use of or access to the Website or Services, without notice or liability to you and in its sole discretion, and without refunding any fees, if MCOUTURE suspects (by information, investigation, conviction, settlement, or otherwise) that (a) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of this Agreement; (b) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of any MCOUTURE policy; (c) your activities on or in relation to the Website or Services may violate applicable law; (d) you are unable to verify or authenticate any of your personal information or User Submissions; (e) you have failed to pay a fee; (f) you may cause legal liability or financial loss to MCOUTURE’s users or to MCOUTURE; or (g) for any other reason at any time. This includes cancelling any unverified accounts or inactive accounts, warning MCOUTURE’s community of a user’s actions, temporarily or indefinitely suspending a user’s account privileges, terminating a user’s account, or prohibiting access to the Website or Services, and taking technical or legal steps to keep a user off the Website and refusing to provide Services to a user. Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement and any additional MCOUTURE policy, may be referred to appropriate law enforcement authorities or other third parties.
MCOUTURE reserves the right to suspend and/or terminate a user’s account or any accounts held by that user by virtue of association, including all usernames under which that user operates on the Website or Services.
Personal Information and Privacy
All content on the Website and Services is owned by or licensed to MCOUTURE. Subject to the Agreement, Tradesy grants to you a non-exclusive, non-transferable, non-sublicensable license to access and view the Website and Service and to make a reasonable number of copies of the content on the Website and services solely for your own personal and non-commercial use. All rights not expressly granted herein are reserved to MCOUTURE and its licensors. Other than as expressly provided above, you may not display, reproduce, distribute, modify, sell, or otherwise use any materials or content on the Website or Services, and all such content is provided on an AS IS basis.
The trademarks, logos, service marks, trade names, graphics, page headers, button icons, scripts and other designs that are displayed on the Website and Services are owned by MCOUTURE and/or its affiliates or their third party licensors and may not be used unless authorized by the trademark owner. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MCOUTURE’s Trademarks displayed on the Service, without our prior written permission in each instance. MCOUTURE’s intellectual property may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. All goodwill generated from the use of MCOUTURE intellectual property will inure to our exclusive benefit.
Disputes with MCOUTURE
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND MCOUTURE HAVE AGAINST EACH OTHER ARE RESOLVED.
This Section is deemed to be a “written agreement to arbitrate”. This Section can only be amended by mutual agreement.
(e) No Class Relief. The Arbitration can resolve only your and/or MCOUTURE’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against MCOUTURE in the local small claims court within the province of Quebec provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
Government regulators and ombudsman. Nothing in this section excludes your rights to seek resolution of disputes through the applicable government regulators, ombudsmen or their associated dispute resolution processes at law in any jurisdiction in which the Website or Services are available.
Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Website and Services.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and MCOUTURE are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Limitation of liability