Terms and Conditions
Last updated: July 21, 2022
Please read these Terms and Conditions ("Terms", "Terms and Conditions", “Agreement”) carefully before using the www.mcustausa.com website (the "Service", "Website") operated by Rubicon Distributing, LLC, DBA Mcusta USA ("Mcusta USA" or "us" or "we" or "our"). This website sells Product to customers who use this Service
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service or purchase Product from this Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service, please leave this Service immediately. If you choose to accept the Terms, you must do so as written, without modification. You agree that by using the Service, you are bound by the terms of the Terms. You warrant and represent that you are at least 18 years old and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer.
Release, Assumption of Risk, and Waiver of Liability and Indemnity Agreement: Mcusta USA (Mcusta USA) is a seller of knives and other cutlery related items (collectively referred to as Product) and by placing an order with Mcusta USA, the customer or buyer agrees to all of the Terms and Conditions of this legally binding Terms and Conditions agreement. By ordering, you verify that you are legally able to purchase the Product and you verify that you are over the age of 18 years and are aware of and in compliance with all local, state, and federal laws. You shall be responsible to check all applicable federal, state, and local laws concerning the purchase, ownership, use, and possession of any Products sold to you by Mcusta USA. These items include, but are not limited to pocket knives, switchblades, gravity knives, butterfly knives (balisong knives), knuckle knives, items having concealed blades, and double edged blades. By purchasing Product, you verify that you are of legal age (no minors), and will use the Product legally and assume all responsibility. By ordering and purchasing Product from Mcusta USA, you agree that the Product can legally be purchased and owned by you in accordance with all federal, state, county and local laws. Mcusta USA and its employees shall be held blameless and will not be held liable for any infraction of laws by the purchaser. Mcusta USA will not be held liable for any injuries from any item purchased from Mcusta USA. Knives can be dangerous if improperly handled. Keep away from children.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any Product or Service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
It is the responsibility of the buyer, not the seller, to ascertain, and obey, all applicable local, state, federal and international laws in regard to the possession, and use, of any item purchased from Mcusta USA. By ordering, you verify that you are legally able to purchase the Product and you verify that you are over the age of 18 years and are aware of and in compliance with all local, state, federal and applicable international laws.
In placing an order for Product, you are acknowledging that you have read the Terms and Conditions and are in full compliance with the same.
Mcusta USA is a distributor and is not responsible for any warranty claim or warranty work for Mcusta product. If you have a warranty issue we can help facilitate a claim with Mcusta in Japan.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Excluding your personal address(es) name(s) and payment information, any communication or material you transmit to the Service by electronic mail or otherwise, including any data, questions, comments, suggestions, and any otherwise is, and will be treated as, non-confidential and nonproprietary. Furthermore, excluding your personal address(es) name(s) and payment information, anything you transmit or post may be used by Mcusta USA or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Also, Mcusta USA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Service for any purpose whatsoever, including but not limited to development, manufacturing and marketing products.
Mcusta USA has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Mcusta USA or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by users), images, features, and functionality are and will remain the exclusive property of Mcusta USA and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mcusta USA.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Mcusta USA
Mcusta USA has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Mcusta USA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Mcusta USA and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Mcusta USA, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Mcusta USA its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
It is your responsibility, as the buyer, and not Mcusta USA, as the seller, to be aware of and obey all applicable international, federal, state, and local laws regarding your purchase and use of Products.
Automatic Knives and Legal Status
It is the responsibility of the buyer, not the seller, to ascertain, and obey, all applicable local, state, federal and international laws in regard to the possession, and use, of any item purchased from Mcusta USA. IN COMPLIANCE WITH FEDERAL STATUTES: By placing an order with us, you agree that you meet any or all of the following criteria. If you do not, do not place an order with us because you are breaking federal statute. Federal law prohibits shipment of automatic knives across state lines, with the following exceptions: (1) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government; (2) to supply or procurement officers of the National Guard, the Air National guard, or militia of a state, territory or the District of Columbia ordering, procuring, or purchasing such knives in the connection with the activities of such organization; (3) to supply or procurement officers or employees of the municipal government of the District of Columbia or the government of any State or Territory, or any county, city or other political subdivision of a State or Territory; (4) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant of an order from any person designated in paragraphs (1), (2), and (3).
Legal status of products - It is the responsibility of the buyer, not the seller, to ascertain, and obey, all applicable local, state, federal and international laws in regard to the possession, and use, of any item purchased from Mcusta USA. All Product is sold subject to public law 90-351, title III, U.S.D., Section 2511, and any local, state or federal ordinances. If in doubt, consult your local and state laws before ordering. Absolutely no sales to minors. By placing an order, the buyer represents that the products ordered will be used in a lawful manner and that the he/she is of legal age. Mcusta USA will not be held liable for the misuse of any product purchased from us or any of our distributors & dealers. Also, as no product is 100% effective against attack, Mcusta USA assumes no responsibility if a product purchased from us is not effective in preventing bodily injury, dismemberment or death. Anyone attempting to falsify information or defraud our company in any way whatsoever, will be turned over to the proper authorities. Also, any attempts at extortion or entrapment will also be met with swift legal action!
In placing an order for Product, you are acknowledging that you have read the Terms and Conditions and are in full compliance with the same.
Additional Dealer Terms
Mcusta USA (Distributor) reserves the right to revise the list of Products at any time. A Mcusta Factory Authorized Dealer (Dealer) agrees to adhere to the terms and conditions of the manufacturer’s Dealer Agreement and Mcusta’s Minimum Advertised Price (“MAP”) Policy. Failure to do so may result in termination of Dealer account with Mcusta USA and loss of the ability to purchase product at dealer pricing.
Shipping. Distributor shall ship the Products using UPS, FedEx, USPS or Other (“Carrier”) to a physical address (no PO Box), unless other arrangements are made in writing before shipping the Purchase Order. Dealer shall be responsible for all shipping costs including tariffs, duties, or other fees, and shipping, freight, and insurance charges. In case Distributor cannot fulfill a Purchase Order within seven (7) business days, Distributor shall promptly notify Dealer, and discuss in good faith an appropriate delivery date. Distributor shall ship Product directly to Dealer, not to any End User unless specifically agreed between Distributor and Dealer in writing, at Dealer’s expense and in accordance with instructions provided in the Purchase Order. Unless otherwise specified on the Purchase Order, delivery shall be made to Dealer’s address specified on the dealer application, or address mutually agreed between Distributor and Dealer. Title, risk of loss, theft, and damage shall pass to Dealer upon delivery of Product to the address provided in the Purchase Order. Delivery means that the Carrier (UPS, FedEx, USPS, Other) has provided tracking information available on their website showing package(s) as delivered.
Defective Products. In the event that the Product is found to be defective, within ten (10) business days of delivery of the Products, Dealer shall promptly notify Distributor through e-mail of the existence of such Defective Product. Both Dealer and Distributor shall, in good faith, work to resolve the problem without sending the Defective Product back to Distributor. Should Distributor determine that the Defective Product holds a major defect which cannot be remedied without having such Defective Product shipped back to Distributor, Distributor shall issue a return material authorization to Dealer. Distributor shall immediately ship a replacement for the Defective Product and Dealer shall, upon notice of shipment by Distributor return the Defective Product.
End-User Consumers; No Transshipping. Dealer has the right to sell the Products only to end-user customers. Dealer does not have the right to assign, transship or otherwise transfer any Product to any person or entity for the purpose of facilitating, or subject to any agreement or understanding that would facilitate, the resale of such Product by or through such person or entity or any other third party.
Compliance with Laws. Dealer will comply with all applicable international, federal, state and local laws and regulations in performing its obligations hereunder and in the operation of its business. This includes, but is not limited to, Proposition 65 laws. Dealer is solely responsible for ensuring compliance with all international, federal, state, and local laws and regulations governing sales, transportation or shipping of knives and weapons.
WARRANTY. EXCEPT AS PROVIDED HEREIN, THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY FROM DISTRIBUTOR OF ANY KIND. DISTRIBUTOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. DISTRIBUTOR DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED.
Assistance. Distributor will offer, at Dealer’s or End-User’s request, contact information for Mcusta customer service to assist with Product issues. When possible, and at its sole discretion, Distributor will facilitate warranty communications with Mcusta.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Idaho, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You are responsible for monitoring the website for any changes to these Terms. What constitutes a material change will be determined at our sole discretion.
Please check this page periodically for changes. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us:
- By visiting this page on our website: https://mcustausa.com/contact