TERMS OF SERVICE
Etro Japan Co., Ltd. (the “Company”) set forth these terms relating to the use of the service on the www.Etro.com website or the online shopping site controlled and operated by the Company (the service is hereinafter referred to as the "Service"; these terms relating to the use of the Service, as the “Terms of Service”) as follows.
Article1- Application
1. These Terms shall apply to all acts conducted relating to the Service between Users (collectively referring to all persons who use the Service and including Members defined in Article 4) and the Company.
2. Users shall be deemed to have agreed to these Terms when having made the registration of the Service, or having purchased products or having used the Service.
Article 2- Use
1. Users shall use the Service in accordance with these Terms, and the rules established by the Company and other relevant regulations.
2. The Company may modify the content of these Terms and the Service without the prior consent of Users.
3. Users shall be fully responsible for information that they transmit through the Service and shall not cause any trouble, disadvantage or damage to the Company.
4. If the Company should incur damages due to breach by the User of these Terms, Privacy Policy or any other rules and regulations established by the Company, the User shall bear responsibility to pay all such damages and costs incurred by the Company.
Article 3- Registration
1. The User shall apply for the registration of use of the Service by the method specified by the Company in accordance with these Terms, and the registration of use of the Service by the User shall be deemed to be completed when the Company has approved such application by the User.
2. The Company may refuse to approve an application for registration of use of the Service when the Company finds that the applicant thereof falls under any of the conditions set forth below. In this case, the Company shall not take any obligation to disclose the reason for the refusal:
(1) When the applicant made false statement in the application for registration of use;
(2) When the Company finds it inappropriate for the management and operation of the Service to approve the application for registration of use
Article 4- Modification of Matters Registered
1. Members shall, when any modification occurs in all or part of the matters registered in the Company, promptly modify the content of the registration by the method separately designated by the Company.
2. The Company shall assume no liability for damages incurred by Members due to their failure to carry out the modification of registration set forth in the preceding paragraph.
Article 5- Suspension of Use of the Service, Cancellation of Registration of Membership
The Company may, in cases when any of Members (collectively referring to persons who completed the registration of use under the provision of Paragraph 1 of Article 4 in accordance with these Terms) falls under any of the events set forth below, suspend the use of the Service or delete the registration of membership without prior notice to such Member:
(1) When the Member is found to have been subject to deletion of membership registration or any other similar disposition in the past due to breach of these Terms, etc.;
(2) When there was delay or failure of performance of an obligation to make payment for products, etc. in relation to the Service;
(3) When a petition for attachment, provisional attachment, provisional disposition, compulsory execution or bankruptcy is filed against the Member, or a petition for bankruptcy or civil rehabilitation is filed by the Member;
(4) When the Member is found to have conducted the act falling under Article 18 of these Terms (Prohibited Matters) in the past;
(5) When the Member breached these Terms;
(6) When the Company finds the use of the Service or continuation of membership registration by the Member inappropriate
Article 6- Management of Password
1. Members shall be responsible for the management of the passwords set by themselves.
2. Members shall not transfer, sell, lend or disclose their passwords to a third party or change the ownership of their passwords;
3. Members shall be liable for damages arising from insufficient management of their passwords or fault in use of their passwords by themselves or any third party's use thereof;
4. Members who find that their passwords are wrongfully used by a third party shall immediately report to the Company.
5. Members shall recognize that there is risk of leakage, etc. due to their act of transmission of credit card number or any other payment means in the use of the Service, and conduct any such act by their own responsibility.
Article 7- Use of User Information
1. The Company shall treat personal information of Users that has come to be known to the Company in connection with their use of the Service, such as names, addresses, telephone numbers and email addresses of Users, in compliance with the Privacy Policy separately established by the Company.
2. The Company shall use personal information under the preceding paragraph for the purposes set forth below, and Users hereby agree in advance to such use of personal information by the Company:
(1) Recording of inquiries, consultations, etc.;
(2) Provision of information concerning products, services, campaigns, etc. by invitation card, email, etc.;
(3) Delivery of products;
(4) Development of products, and improvement and betterment of services;
(5) Settlement of payments; and
(6) Notification of necessary information for the operation of the Service
Article 8- Purchase of Products
1. Users may purchase products from the Company by using the Service.
2. Users wishing to purchase products shall apply for the purchase using the method designated by the Company.
3. For the application under the preceding paragraph, a sale and purchase contract for the products shall be deemed to be formed between the User and the Company at the time that the Company transmits to the User an email notifying that the Company has accepted the application.; provided, however, that when we received a notice of default from the credit card company, we may rescind or cancel the sale and purchase contract and take other appropriate measures.
4. Notwithstanding the provision of the preceding paragraph, when wrongful act or improper act was conducted for the use of the Service, the Company may rescind or cancel the sale and purchase contract and take other appropriate measures.
5. Destinations of delivery of products, etc. through the Service shall be limited to places in Japan. Users may not designate any of the places set forth below as the address of the delivery destination:
(1) Post office box
(2) Hotels, inns and any other accommodation facilities, public facilities, airports, seaports
(3) Addresses of corporations, organizations or individuals handling the service of forwarding products to overseas areas
(4) Places by which the Company can not identify the address of delivery destination
Article 9- Settlement
1. The amount of payment of products, etc. shall be the purchasing price of products, etc. including consumption tax.
2. Payment of products, etc. purchased through the Service shall be made by credit card in the name of the User him/herself who made the said purchase.
3. Any dispute that may arise between the User and the credit card company, etc. shall be settled between the User and the said credit card company, etc.
Article 10-Delivery Charges
Delivery charges for products, etc. purchased through the Service shall be 1,100 yen (inclusive of tax) per package as the flat-rate delivery charge throughout Japan.
Article 11- Replacement and Return
1. The Company shall accept replacement or return of products only when the User notifies the Company of the name of the User, date of purchase, name of products and grounds of replacement or return, etc. within fourteen (14) days after the arrival of products; provided, however, that in cases falling under any of the items below the Company may not accept replacement or return of products:
(1) Products to which any processing or response has already been provided by the Company;
(2) Products which have already been used or worn by the User once;
(3) Products for which fifteen (15) days or over have elapsed after the arrival thereof;
(4) Products for which there is no product tag or price tag;
(5) Products which were damaged or stained by the User;
(6) Products which were purchased without using the Service;
(7) Products for which there is a shortage of boxes, cloth bags, ribbons or any other wrapping articles;
(8) Products for which there is not the delivery sheet enclosed at the time of shipment;
(9) In addition to the foregoing, cases where the Company reasonably judges it inappropriate to accept replacement or return of products
2. Delivery charges for replacement or return of products on grounds attributable to the Company shall be payable by the Company, and those for replacement or return of products due to convenience of the User other than grounds attributable to the Company shall be payable by the User.
3. For Users who repeatedly request return of products, the Company may, at the Company’s discretion, refuse to accept future orders from such Users.
Article 12- Repair
Repair of products purchased by Users shall be accepted, with charge, at Etro shops throughout Japan.
Article 13- Refusal of Acceptance of Application, Withdrawal of Acceptance
1. In cases falling under any of the items below, the Company may refuse to accept an application for purchase of products from the User even after the transmission of email under the provision of Paragraph 3 of Article 7:
(1) When the time of availability of such products has not been fixed for a long time;
(2) When the production of such products has already finished;
(3) When the quantity of such products is limited (or when the quantity of such products exceeds the quantity available for shipment) since they are limited items, etc.;
(4) When an order for products which are out of stock has been received;
(5) When the price indicated on the Site is obviously wrong as compared to the market price, etc.;
(6) When the Company finds that there are false facts in the User’s personal information;
(7) In addition to the foregoing, cases when the Company deems it necessary
2. The Shop may withdraw the acceptance even after its email notifying product shipment arrived at the User, when the Shop finds that there are false facts in the User’s personal information, or in cases where the Company deems it necessary to withdraw the acceptance.
Article 14-Modification, etc. of Content of the Service
The Company may, in cases falling under the items below, modify, add or suspend all or part of the provision of the Service, without prior notice to or approval of Users, in order to maintain the operation of the Service in good condition. Further, the Company shall not be liable for damages incurred by Users due to such suspension, amendment, etc. of the Service:
(1) When the operation of the Service has become difficult due to urgent need for maintenance and inspection because of system trouble, etc.;
(2) When the operation of the Service has become difficult since the services of First-Class telecommunications carriers (telephone companies, etc.) or Second-Class telecommunications carriers (providers, etc.) are not provided;
(3) In addition to the foregoing, cases when the Company deems it necessary to make modification, addition or suspension of the Service due to operational or technical reasons of the Service
Article 15- Intellectual Property Right
1. Ownership of intellectual property rights pertaining to photographs, characters, images and all other content provided through the Service such as photographs, characters, images shall belong to the Company or third parties who grant the Company a license to use such content, and Users shall be prohibited from making unauthorized reproduction, unauthorized publication or unauthorized alteration or any other secondary use of such content for any purpose and in any manner.
2. The User shall, upon occurrence of a problem due to breach of the provision of the preceding paragraph (including a dispute between the User and a third party), settle the problem at the responsibility and expense of the User him/herself without causing any trouble, disadvantage or damage to the Company.
Article 16- Links
The Company may refuse setting of a link to the Service from other websites depending on the content of such websites and the manner of setting a link from such websites. Further, the Company shall not make any guaranty of contents, etc. of other websites linked from the Service that are set in the Service, and shall not be held liable for damage incurred by Users in connection with such websites linked to and from the Service.
Article 17- Disclaimer
1. The Company shall not be held liable for any damage incurred by Users that occur in connection with their use of the Service.
2. The Company shall be deemed to have performed its obligations and have been released from its liability for damages by handling the matters in accordance with the contents registered by Users.
Article 18- User’s Liability
1. If the User causes damages, etc. to any other user or a third party due to use of the Service by the User, the User shall settle such damages, etc. at the responsibility and expense of the User him/herself, without causing any trouble, disadvantage or damage whatsoever to the Company.
2. If the User causes damages to the Company by wrongful or improper means or methods, the User shall be liable for any and all such damages.
Article 19- Prohibited Matters
Users shall be prohibited from conducting any of the acts set forth below when using the Service:
(1) Act of declaring or registering false information in the use of the Service;
(2) Act of obstructing the operation of the Service, or act that is likely to hinder the management and operation of the Service;
(3) Act of using the Service by wrongfully using a credit card;
(4) Act of using passwords without due authorization;
(5) Act that causes or is likely to cause trouble, disadvantage or damages to other users or third parties or the Company;
(6) Act that constitutes or is likely to constitute an infringement of copyright, privacy or any other right of other users, third parties or the Company;
(7) Act that constitutes or is likely to constitute a violation of public order and morale, or laws and regulations;
(8) Act of altering information relating to the Company or the Service or any other information provided through the Service;
(9) Act of transmitting or writing harmful computer programs, etc.;
(10) Any other act that the Company deems as inappropriate
Article 20 - Governing Law and Competent Court
The formation, effect, performance and interpretation of these Terms shall be governed by the laws of Japan, and if a need arises to litigate over the use of these Terms, the Tokyo District Court shall serve as the competent court having exclusive jurisdiction for first trial.
The following is the Company’s contact information regarding inquiries over these Terms and the Service:
Inquiries over Online Shopping
< by Email>
< by Telephone>
03-5766-0786
Hours of Acceptance: from 10:00 till 17:00 (Monday through Friday)
*Excluding Saturdays, Sundays, National Holidays, and Year-end and New Year Holidays
These Terms were established on August , 2020