All registered users (hereinafter referred to as the “User(s)”) of this Website may use the Services in compliance with these Terms.
ARTICLE 1 APPLICATION
These Terms shall apply to all matters pertaining to relations between Users’ and the Company concerning use of the Services.
ARTICLE 2 REGISTRATION
A person intent on becoming a registered User shall apply for registration through the procedure as specified by the Company, and if the Company approves, the registration shall be deemed complete.
If the Company deems that any of the conditions specified below are present with any individual that is applying for registration, the Company reserves the right to deny the registration, in which case the Company will not be obligated to disclose any information on the reason for denial:
(1) if the registration application contains any false information;
(2) if the application is filed by an individual that previously violated these Terms; or
(3) if the Company otherwise deems it inappropriate to approve the registration based on any other grounds.
ARTICLE 3 MANAGEMENT OF USER ID AND PASSWORD
Each User shall manage his/her User ID and password for use of the Services at his/her sole responsibility.
A User may not transfer or loan his/her User ID and password to a third party under any circumstances. If a log-in is made using the correct user ID and password of a User that matches the User’s registered information, such use shall be deemed to have been made by the User himself/herself.
ARTICLE 4 USAGE FEE AND PAYMENT METHOD
Each User shall pay to the Company the usage fee as separately specified by the Company and indicated on this Website for its use of the Services, by the payment method as specified by the Company.
If a User fails to pay the usage fee by the due date, a late payment penalty will be additionally charged to the User at an annual rate of 14.6%.
ARTICLE 5 PROHIBITED MATTERS
Users are prohibited from engaging in any of the following acts in connection with use of the Services:
(1) act that is in violation of any law or disruptive to public order or good morals;
(2) act that is associated with a criminal act;
(3) act that is destructive or disruptive to any of the Company’s computer servers or network functions;
(4) act that could disrupt the Company’s service operation;
(5) act of gathering or accumulating personal information, etc. pertaining to other Users;
(6) act of falsely assuming another User’s identity;
(7) act of providing direct or indirect benefit to an antisocial force in connection with the Company’s services; or
(8) any other act that is deemed inappropriate by the Company.
ARTICLE 6 SUSPENSION OF PROVISION OF THE SERVICES, ETC.
If the Company deems that any of the circumstances as set forth below has arisen, the Company may suspend or interrupt its provision of the Services entirely or partially without notifying Users in advance:
(1) if it becomes necessary for the Company to perform maintenance, inspection, or updating of the computer system that is related to the Services;
(2) if an earthquake, lightning strike, fire, power outage, or another natural disaster or other force majeure occurs thereby making it difficult for the Company to continuously provide the Services;
(3) if any related computer, telecommunication line, etc. stops its normal operation due to an accident; or
(4) if the Company otherwise deems it difficult to continuously provide the Services.
If the Company’s provision of the Services is suspended or interrupted and any negative effect or damage is caused to Users or any third party, the Company shall be exempted from all responsibility to compensate for such effect or damage regardless of the circumstances.
ARTICLE 7 RESTRICTION ON USE AND REVOCATION OF REGISTRATION
If any of the circumstances as set forth below arises with a User, the Company may restrict the User’s use of the Services entirely or partially or revoke the User’s registration without prior notice:
(1) if the User is found to have violated any of these Terms;
(2) if the registration information submitted by the User is found to contain any false information; or
(3) if the Company otherwise deems it inappropriate to allow the User to use the Services.
If any action taken by the Company pursuant to this ARTICLE causes damages to a User, the Company shall be exempted from all responsibility to compensate for damages.
ARTICLE 8 DISCLAIMERS
Even if the Company fails to perform its contractual duties, the Company shall be fully indemnified from and against the consequences of such non-performance, unless it is caused by the Company’s intentional act or gross negligence.
Even if the Company is required to take responsibility for its non-performance of contractual duties, etc. with any User for any reason, its liability to compensate shall be limited to ordinary damage, which shall not exceed the fees paid by the User if it’s a fee-based service (which shall be limited to one month’s worth of fee if it’s a continuous service).
The Company shall be exempted from any responsibility for transactions, communications, disputes, etc. that may take place among Users or between Users and third parties in connection with the Services.
ARTICLE 9 MODIFICATION OF THE SERVICES, ETC.
The Company reserves the right to modify the Services or suspend provision of the Services at any time without notifying Users. The Company shall be exempted from all responsibility for any damage that the Users may suffer as a result of the Company’s Service modification or suspension.
The Company may amend these Terms at any time without notifying Users if the Company deems it necessary to do so.
ARTICLE 11 NOTICES AND COMMUNICATIONS
All notices and communications between Users and the Company shall take place through the methods specified by the Company.
ARTICLE 12 PROHIBITION ON ASSIGNMENT OF RIGHTS AND OBLIGATIONS
Users are prohibited from assigning or pledging to a third party their status under the service use contract or any of their rights or obligations under these Terms, unless the prior written consent of the Company is obtained.
ARTICLE 13 GOVERNING LAW AND JURISDICTION
These Terms shall be construed in accordance with the laws of Japan.
If any dispute arises in connection with the Services, it shall be submitted to the exclusive jurisdiction of the court having jurisdiction in the place where the Company’s head office is located.
PERSONAL INFORMATION PROTECTION POLICY
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).
(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.
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: 1st floor, Watanabe Building, 1-3-8 Nakameguro, Meguro-ku, Tokyo
Company name: Existence Co., Ltd.
Email address: firstname.lastname@example.org
INDICATION OF INFORMATION PURSUANT TO
THE ACT ON SPECIFIED COMMERCIAL TRANSACTIONS
Existence Co., Ltd.
1st floor, Watanabe Building
1−3−8 Nakameguro, Meguro-ku, Tokyo 153-0061
Prices of merchandise
The prices are indicated by item.
Consumption tax and shipping fee
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).
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.
Credit card (VISA / MASTER Card / AMERICAN EXPRESS/ JCB)
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 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.