Legal

PERSONAL INFORMATION PROTECTION POLICY

Existence Co., Ltd. (hereinafter referred to as the “Company”) has stipulated the following privacy policy (hereinafter referred to as the “Policy”) concerning its handling of privacy information in connection with the Company’s provision of services (hereinafter referred to as the “Service(s)”) offered through this Website.

ARTICLE 1  PERSONAL INFORMATION

Out of privacy information, “personal information,” means personal information as defined in the Act on the Protection of Personal Information, referring to information pertaining to individuals who are currently alive that can be used to identify those individuals, including their names, dates of birth, addresses, phone numbers, contact information, and other related information.

Out of privacy information, “records and attributes” are separate from personal information as set forth above, referring to information on users’ previously used services, previously purchased items, previously viewed webpages and advertisements, search keywords previously used, dates and times of use, methods of use, the users’ IT environments, postal codes, genders, occupations, age information, IP addresses, cookie information, location information, identification information of users’ devices, etc.

ARTICLE 2  PERSONAL INFORMATION GATHERING METHOD

Each time an individual applies for user registration, the Company may ask the individual to provide personal information such as name, date of birth, address, phone number, email address, bank account number, credit card number, driver’s license number, etc. The Company may also gather the user’s transaction records, including their personal information, and also their payment information from the Company’s business partners (including information providers, advertisers, advertising media, etc.; hereinafter collectively referred to as “business partner(s)”), etc.

The Company may gather information on users in the form of records and attributes when users use the Services and view the webpages that are provided by the Company or business partners, including information on the services and software that are used by the users, items purchased, records of webpages and advertisements viewed, search keywords used, dates and times of use, methods of use, the users’ IT environments (including information on users’ mobile devices, such as their telecommunications status, device settings in effect during access, etc.), IP addresses, cookie information, location information, device identification information, etc.

ARTICLE 3  PURPOSES OF PERSONAL INFORMATION GATHERING AND USE

The Company’s gathering and use of personal information is intended for the following purposes.

(1) Indication to users of their own personal information so that they can each view their registered information, make corrections, and view their status and records of use, including their names, addresses, contact information, payment method, and other registered information, services previously used, items previously purchased, payment records, etc.

(2) Use of users’ email addresses to send notices and communications to the users, and use of the users’ names, addresses, and other contact information to ship their orders and communicate with them as needed.

(3) Use of users’ information such as their names, dates of birth, addresses, phone numbers, bank account numbers, credit card numbers, driver’s license numbers, record of delivery certification postal services, etc. to verify the users’ identities.

(4) Use of users’ orders, services used, and payment information, such as purchased item names and quantities, types of services used and periods and numbers of use, billed amounts, users’ names, addresses, bank account numbers, credit card numbers, and other payment information for billing the users.

(5) Indication of users’ information that is registered with the Company on users’ device screens to allow easy data entry by users, and transfer of the aforementioned information to other services, etc. as instructed by users (including services being offered by the business partners).

(6) Use of users’ status and records of use, names, addresses, and other identification information to identify users that previously failed to make payments on time, caused damage to third parties, or otherwise violated the terms of use of the Services and users that intend to use the Services for illegal or unjust purposes, so that the Company can deny use by such users.

(7) Use of information that is necessary for the Company to provide its services to users and information on users’ use of Services, contact information, etc., including the content of inquiries and billing information, etc., to properly respond to inquiries sent from users.

(8) Any other purposes ancillary to the aforementioned purposes.

ARTICLE 4  PROVISION OF PERSONAL INFORMATION TO THIRD PARTIES

1. The Company will not provide a user’s personal information to a third party without obtaining the user’s prior consent, except under the following circumstances and where it is permitted under the Act on the Protection of Personal Information or any other applicable law:

(1) if such provision is required or allowed by law;

(2) if such provision is necessary to protect the life, body, or property of an individual but it is difficult to obtain the consent of the individual;

(3) if such provision is especially necessary to improve public hygiene or promote the sound development of children but it is difficult to obtain the consent of the individual;

(4) if such provision is necessary for the Company to cooperate with a national government agency, municipality, or their contracted agent in their execution of a legally required administrative action but obtaining the consent of the individual could interfere with the execution of such administrative action; or

(5) if such provision is notified or published in advance with the following conditions expressly stated:

-that the purposes of use include such provision of information to a third party;

-the types of data that will be provided to third parties are specified;

- the means or methods of information provision to a third party are specified; and

-that such provision of personal information to a third party will cease if requested by the individual to which the personal information pertains.

2. Notwithstanding the provisions of the preceding paragraph, the following circumstances shall not qualify as provision of information to a third party:

(1) if the Company outsources to a third party the entire or partial task of personal information handling to the extent necessary for the Company to achieve the intended purposes of use;

(2) if the Company merges with another entity or transfers its business to another entity, and the personal information in the Company’s possession is provided to such entity as a result;

(3) if the Company jointly uses personal information with other specified parties, where the Company has provided prior notice to the individuals or made such information easily noticeable to the individuals concerning such joint use of personal information, along with what types of personal information are jointly used, the scope of the specified parties that are allowed to partake in the joint use, their purposes in using the personal information, and the individual or corporate name of each such party responsible for managing the personal information.

ARTICLE 5  DISCLOSURE OF PERSONAL INFORMATION

1. If the Company receives a request from a user to disclose the user’s personal information, the Company shall make the disclosure to the user without delay; provided, however, that if the disclosure could lead to any of the outcomes specified below, the Company reserves the right to deny the disclosure request entirely or partially, in which case the Company shall notify its decision to the user without delay. In this connection, the Company shall charge a fee of JPY 1,000 per request to each user that requests a disclosure of the user’s personal information:

(1) if the disclosure could negatively affect the life, body, property, rights, or other benefits of the user or a third party;

(2) if the disclosure could significantly disrupt the Company’s normal execution of its operations; or

(3) if the disclosure might constitute a violation of any law.

2. Notwithstanding the provisions of the preceding paragraph, the Company is not obligated to disclose any user information pertaining to records, attributes, etc. that are not personal information, in principle.

ARTICLE 6  CORRECTION AND DELETION OF PERSONAL INFORMATION

1. If a user finds any error in his/her personal information that is in the Company’s possession, the user may request the Company to correct or delete the personal information by following the procedure as specified by the Company.

2. If the Company receives a request from a user as set forth in the preceding paragraph and deems it necessary to respond, the Company shall correct or delete the personal information in question and notify the user without delay.

ARTICLE 7  SUSPENSION OF USE OF PERSONAL INFORMATION, ETC.

If the Company receives a request from a user to suspend the Company’s use of the user’s personal information or delete the user’s personal information (hereinafter collectively referred to as “suspension of use, etc.”) on the grounds that the personal information is being handled beyond the intended purposes of use or that the personal information has been obtained through unjust means, the Company shall conduct a necessary investigation into such claim without delay and, based on the result of such investigation, conduct suspension of use, etc. of the personal information, and notify the user; provided, however, that if it is difficult to implement such suspension of use, etc. of personal information due to a significantly high cost or for another reason, while there is an alternative action that the Company can take to properly protect the rights and benefits of such user, the Company shall execute such alternative action instead.

ARTICLE 8  AMENDMENT OF PRIVACY POLICY

The Company reserves the right to amend this Policy at any time without notifying users.

When this Policy is amended, the amended Policy shall come into effect the moment it is published on this Website, unless otherwise specified by the Company.

ARTICLE 9  CONTACT POINT FOR INQUIRIES

If you have an inquiry concerning this Policy, please send it to the Company at the following contact point.

Address: 1^st floor, Watanabe Building, 1-3-8 Nakameguro, Meguro-ku, Tokyo

Company name: Existence Co., Ltd.

Email address: info@markaware.jp

INDICATION OF INFORMATION PURSUANT TO

THE ACT ON SPECIFIED COMMERCIAL TRANSACTIONS

[PAYMENT]

Consumption tax and shipping fee

Domestic (Japan)

Consumption tax: 10% of product prices

Shipping fee: JPY 880 (including tax) for shipment to anywhere in Japan

*Free shipping if the total amount of payment is JPY 15,000 or above (including tax).

International

Consumption tax: 10% of product prices

Shipping fee: To be decided based on the EMS fee schedule.

Duty: Duty is not included in the total price at the time of settlement. Products will be shipped under DDU (duty unpaid) conditions. When products go through customs, duty and import tax may arise depending on the country being shipped to. Please understand that the amount of duty will be decided when products go through customs. If duty and/or import tax arise, you will be asked to pay it when the products are delivered.

Payment options

Credit card (VISA / MASTER Card / AMERICAN EXPRESS/ JCB)

Amazon Pay

PayPal

Shop Pay

[SHIPPING METHOD]

Domestic delivery service in Japan

All orders are shipped by Sagawa Express.

All orders are usually shipped within three business days after order placement (excluding Saturdays, Sundays, public holidays, and year-end and New Year holidays).

*The above lead time does not apply to orders where the delivery date is specified.

Deliveries may be delayed or otherwise affected by inclement weather, transit issues, and other events or circumstances.

International delivery service

All international orders are shipped by EMS.

*Deliveries cannot be made to countries where EMS service is not available.

[PRODUCT RETURN AND REPLACEMENT]

Size change / product replacement policy

While necessary steps are taken constantly to ensure that all items are of sufficient quality, the Company allows the customers that have received damaged or wrong items or items with any other issues that are attributable to the Company to send them back so that appropriate items can be delivered swiftly (with shipping fee paid by the Company). If any of the aforementioned issues is found with your delivered order, be sure to notify the Company within seven days of your delivery acceptance. Please note the Company only allows such product replacements as described above and does not allow product returns and refunds under any condition.

Product return

Product returns are not allowed unless there are issues.

If you find an issue with your delivered item, the Company will replace it with a new one.

The images of the merchandise being displayed on the Company’s website may appear differently in terms of color, etc. compared to the actual merchandise due to viewing through personal computers, mobile devices, etc.

Product defects do not include marks, scuffs, and wrinkles on leather products, items that are intentionally distressed for vintage looks, and items made of fabrics or specially processed materials that have irregular characteristics by design.

Any issues arising from different color appearance between photographic images and actual merchandise do not qualify as the Company’s faults. If you would like to obtain more information on any item you are interested in purchasing, in terms of its sizing, color, shape, texture, etc., please feel free to send us an inquiry before purchase.