Legal notice

LEGAL NOTICE AND GENERAL PURCHASE CONDITIONS

1. PRELIMINARY INFORMATION

These Legal Notice and General Purchase Conditions (the “General Purchase Conditions”) govern the use of www.mccosmetic.com and the commercial relationship established between Mesosystem Investimentos (MI), operating and trading through the mccosmetics.ny brand and website (hereinafter, “MCCosmetic”, “MCC Cosmetics”, “MCC”, “we”, “us” or “our”) and any person or entity purchasing products through the Website (hereinafter, the “Customer”).

By accessing, browsing, registering on, or purchasing from the Website, the User acknowledges that they have read and accepted the applicable terms, policies and conditions published on the Website.

By placing an order, the Customer expressly confirms acceptance of these General Purchase Conditions, together with any other policies expressly incorporated into them, including the Shipping Policy, Refund and Returns Policy, Privacy Policy and Cancellation Policy.

The Customer may access, store, reproduce or print these General Purchase Conditions for future reference.

Nothing contained in these General Purchase Conditions is intended to exclude, restrict or replace any mandatory legal right that cannot lawfully be excluded or restricted.

2. COMPANY IDENTIFICATION

The Website is operated by:

Company: Mesosystem Investimentos (MI)
Legal Form: Sociedade por Quotas (Lda.)
NIPC / VAT Number: 516445863
Trade Name / Brand: mccosmetics.ny
Registered Address: Rua Gandra, Lote 10 – Zona Industrial da Gandra, Spinpark, 4050-371 Porto, Portugal
Telephone: +351 22 734 7125
Email: info@mccosmetic.com
Website: www.mccosmetic.com

Mesosystem Investimentos (MI) acts as the official online distributor of MC Cosmetics NY products through the Website in the markets and territories in which such distribution is legally and commercially available.

The Website may use third-party logistics providers, payment processors, carriers, technology providers, customs intermediaries and other service providers necessary for the operation of the online store and fulfilment of orders.

3. USER AND CUSTOMER STATUS

Any person accessing or browsing the Website is considered a “User”.

Any person or entity placing an order is considered a “Customer”.

The User represents that they have the legal capacity required to access the Website and enter into legally binding transactions.

Where an order is placed on behalf of a company, clinic, professional establishment or other organisation, the person placing the order represents that they are authorised to act on behalf of that entity.

The Customer is solely responsible for ensuring that all information supplied to MCCosmetic is accurate, complete and up to date.

4. PROFESSIONAL PRODUCTS AND INTENDED USE

Certain products available through the Website are intended for professional use and may be designed to be handled, administered or applied by appropriately qualified or trained professionals.

The Customer acknowledges that professional products may be subject to specific requirements depending on the country in which they are purchased, imported, received, stored or used.

Such requirements may include professional qualifications, licences, registrations, permits, product notifications, import authorisations, customs procedures, storage conditions, handling requirements, labelling requirements or other regulatory obligations.

The Customer is responsible for determining, before placing an order, whether they are legally entitled to purchase, import, receive, possess, store and use the relevant products.

Where professional application is required by law or applicable professional standards, the Customer is responsible for ensuring that the products are used only by appropriately qualified, trained or authorised professionals.

MCCosmetic does not assume responsibility for determining whether the Customer, its establishment, its professionals or its destination is legally authorised to purchase, import, receive, possess, store or use any particular product.

5. CUSTOMER RESPONSIBILITY FOR DELIVERY AND RECEIPT

The Customer expressly acknowledges that they are responsible for ensuring the proper receipt of the goods at the delivery destination.

The Customer must provide complete, accurate and current delivery information, including the full address, recipient information, telephone number and any information reasonably necessary to facilitate delivery.

The Customer is responsible for ensuring that the shipment can be lawfully received and that an appropriate person or authorised representative is available to receive or collect the goods where required.

To the maximum extent permitted by applicable law, MCCosmetic shall not be responsible for delays, failed deliveries, return shipments, storage costs or additional charges resulting from circumstances attributable to the Customer.

This includes, without limitation:

incorrect or incomplete delivery information;
failure to respond to the carrier;
failure to collect the shipment;
absence of the recipient;
refusal of delivery without a valid legal reason;
failure to provide required documents;
failure to comply with carrier instructions;
failure to comply with customs or import requirements; or
any other circumstance within the Customer's reasonable control.

6. INTERNATIONAL ORDERS AND IMPORTATION

For international orders, the Customer acknowledges that the importation and receipt of products may be subject to the laws and requirements of the destination country.

Where applicable, the Customer may be considered the importer, consignee or importer of record.

The Customer is responsible for determining and complying with all applicable requirements, including:

customs clearance;
import licences and permits;
professional authorisations;
product registrations or notifications;
local regulatory requirements;
local labelling requirements;
customs duties and taxes;
brokerage and administrative fees;
storage charges; and
other requirements imposed by competent authorities or carriers.

The Customer should verify these requirements before placing an order.

MCCosmetic may provide commercially reasonable assistance or documentation available to it. Such assistance does not transfer any legal, customs, regulatory or professional responsibility from the Customer to MCCosmetic.

7. ORDERS AND CONTRACT FORMATION

Submitting an order through the Website constitutes an offer by the Customer to purchase the selected products.

An order becomes binding only upon acceptance by MCCosmetic, confirmation of the order, commencement of fulfilment or other express acceptance, subject to applicable law.

MCCosmetic reserves the right to refuse, cancel or limit an order where reasonably justified, including in cases involving:

product availability;
pricing errors;
payment problems;
suspected fraud;
unauthorised resale;
incorrect Customer information;
destination restrictions;
import or regulatory concerns; or
other legitimate operational or commercial reasons.

Where an order is cancelled after payment has been received and a refund is legally due, the applicable amount will be refunded using the appropriate payment method.

8. PRODUCT INFORMATION AND AVAILABILITY

MCCosmetic makes reasonable efforts to ensure that product descriptions, images, prices and availability information are accurate.

Minor variations in packaging, presentation, colour or appearance may occur.

MCCosmetic reserves the right to modify product information, discontinue products or restrict quantities, subject to applicable law and without prejudice to orders already accepted.

9. PRICES AND PAYMENT

Prices displayed on the Website are stated in euros unless otherwise indicated.

Applicable taxes are charged in accordance with the legislation applicable to the relevant transaction.

Shipping costs, customs duties, import taxes and other destination-related charges may apply.

The Customer is responsible for providing valid and complete billing and payment information.

MCCosmetic reserves the right to correct manifest pricing or technical errors and, where legally permissible, to cancel an order affected by such an error.

10. SHIPPING AND DELIVERY

Delivery times are estimates only unless expressly guaranteed in writing.

MCCosmetic is not responsible for delays caused by carriers, customs authorities, regulatory authorities, weather conditions, strikes, transport disruptions, incorrect Customer information or other circumstances beyond its reasonable control.

Further delivery conditions are set out in the Website's Shipping Policy.

The Customer remains responsible for ensuring the successful receipt or collection of the goods.

11. RETURNS, WITHDRAWAL AND REFUNDS

Returns, refunds and any statutory right of withdrawal shall be governed by applicable law and MCCosmetic's Refund and Returns Policy.

Where applicable, EU consumers may benefit from mandatory statutory withdrawal rights.

To request a return or obtain assistance, the Customer must contact:

info@mccosmetic.com

Products subject to hygiene, health protection, professional-use or other legally recognised exceptions may be subject to specific return restrictions.

Nothing in these General Purchase Conditions excludes mandatory statutory rights.

12. LOSS, THEFT AND DAMAGE AFTER DELIVERY

Once goods have been effectively delivered to the Customer, an authorised recipient or another person designated by the Customer, responsibility for subsequent loss, theft, misplacement or unauthorised removal shall, to the extent permitted by applicable law, rest with the Customer.

The Customer should inspect the shipment upon receipt and notify MCCosmetic and the carrier as soon as reasonably possible of visible damage, shortage or apparent transport issues.

This provision does not affect mandatory statutory rights relating to defective or non-conforming goods.

13. COMMERCIAL FLEXIBILITY

MCCosmetic seeks to maintain positive and long-term commercial relationships with its Customers.

Accordingly, MCCosmetic may, at its sole commercial discretion and subject to applicable law, offer exceptional solutions including:

replacement;
re-shipment;
commercial credit;
partial or full refund;
alternative delivery arrangements;
waiver of certain costs; or
other commercially reasonable solutions.

Any such solution is provided on a case-by-case basis and does not constitute an admission of liability, waiver of rights or precedent for future transactions.

14. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, MCCosmetic shall not be liable for losses or costs resulting from circumstances attributable to the Customer or outside MCCosmetic's reasonable control.

This includes, where legally permissible:

failed delivery;
failure to collect goods;
customs delays;
import restrictions;
destination-country regulations;
professional licensing requirements;
incorrect Customer information;
improper storage or handling;
misuse of products;
carrier delays; or
force majeure events.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

15. INTELLECTUAL PROPERTY

All content available through the Website, including text, photographs, graphics, logos, trademarks, product descriptions, videos, designs and other materials, is protected by applicable intellectual property laws.

No content may be reproduced, distributed, modified, transmitted, published or commercially exploited without prior written authorisation from the relevant rights holder.

16. PRIVACY

Personal data is processed in accordance with applicable data protection legislation and MCCosmetic's Privacy Policy.

For privacy-related enquiries:

info@mccosmetic.com

17. GOVERNING LAW AND JURISDICTION

These General Purchase Conditions are governed by Portuguese law, subject to any mandatory provisions applicable to the Customer.

For business-to-business transactions, disputes shall, to the extent legally permissible, be submitted to the competent courts of Portugal.

Where the Customer qualifies as a consumer, nothing in this clause is intended to deprive the Customer of any mandatory jurisdictional protection available under applicable law.