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BOUTIQUE
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LIRE
Onward Kashiyama Co, Ltd.(hereon referred to as "this company") establishes the terms of use (hereon "this agreement") of the service (hereon, "this service") on this company's website "Echapper" (hereon "this site") as follows.
Section 1: General Provisions
Article 1: This agreement's extent and revision
1. This agreement establishes the terms of use for this site.
2. This agreement shall entirely, in relation to the use of this service, apply to the user (defined in article 4).
3. This company, without acquiring the user's prior consent, by means of the process decided by this company, upon notifying the user, may change this contract at discretion either by the entirety or by one part.
4. In the event that this contract is changed either by the entirety or by one party, the relevant change shall be notified based on the previous clause, and shall simultaneously come into effect. In relation to the use of this service, the revised contract shall be applied, and the user shall follow only this revised contract.
Article 2: Use of this service
The user shall use this service in accordance with relevant laws and ordinances, as well as this agreement, and in addition the separately established by-laws concerning the terms concerning the use of this service, and in accordance with the explanations, and so on.
Article 3: Provided service:
1. All members (defined in article 5) can carry out the following conduct regarding this service. The goods, and so on established in section 4 can be purchased from this company.
2. This company may, regardless of reason, in the event that it is deemed necessary by this company, without notifying the user, at any time revise/append to/abolish part of this service, or abolish this service altogether.
Section 2: User
Article 4: User
In this contract, "user" is a general term for a person who in addition to acknowledging and consenting to all the contents of this contract, searches for, browses, or uses the images, text, design, logo, videos, programs, ideas, information, and so on provided by this service of this site. "User" includes but is not limited to the members established in this agreement's article 5.
Section 3: Membership
Article 5: Membership
In this contract, a "member" is defined as an individual who possesses a residence or temporary residence within Japan, and in addition to acknowledging/consenting to the entire contents of this agreement, applied for membership registration following this company's designated procedures, and has been acknowledged by this company (minors are limited to those who have gained consent from their legal guardian).
Article 6: Membership registration
1. The applicant for membership registration shall apply from the likes of our company's designated website (hereon called "membership registration page"), in accordance with the process our company has specially designated, establish/input email address, login ID, password, full name, date of birth, gender, residence, telephone number, the possibility of receiving the email magazine, and so on.
2. This company, regarding the application from the previous clause, in the case that the applicant consents to this will send a registration confirmation email, and at the stage that the relevant email is sent, shall register the person who carried out the application
3. After completion of the previous clause's member registration, the member may use this service's member-exclusive service.
4. This company shall not approve the aforementioned registration application in the case that any of the following items apply.
(1) In the case that a person other than the membership applicant applies on the behalf of the membership applicant.
(2) In the case that a minor, a person subject to conservatorship or curatorship, or a person subject to limited guardianship applies for membership registration but does not declare such, or eligible prior consent has not been given by a legal representative.
(3) In the case that it has been identified that the membership registration applicant, in the past, according to either this contract or this company as well as Onward Group Company (defined in the article 11, 2nd clause), has by the likes of violating a contract or agreement concerning either trade of goods or the provided service, has had their membership registration canceled, their use capabilities canceled or received any other cancellations.
(4) In the case that it is identified that the contents of the membership registration applicant's application contain falsehoods or inaccuracy, entry omission, erroneous entry, and so on.
(5) In the case that it has been identified that the membership registration applicant has in the past, according to this company or Onward Group Company (defined in the article 11, 2nd clause), concerning the trade of goods or a provided service, has delayed in fulfilling their payment obligations, has been incapable of receiving goods, and so on across a long period of time, has made inappropriate demands for returning/replacing goods, or has otherwise defaulted on a debt.
(6) In the case that it has been identified that conduct from this contract's article 20 (prohibited items) has been carried out.
(7) In the case, that on account of the member registration applicant, any of the reasons established by the items of the 1st clause of the article 10 have occurred, or the applicant is liable for falling under such reasons.
(8) Additionally, in the case that this company rationally decides that the registration is inadequate for approval either operationally/administratively or socially.
Article 7: Revision of registration contents
1. In the event that this company changes either all or one of the facts of registration throughout this service, this company shall promptly change the contents of registration on the website the company has designated (hereon, "personalized page"), and so on.
2. If by means of the member not having carried out the revised registration, the member receives postal mail, email, goods, currency, and so on from this company late, or even in the case that it is not possible to receive, it shall be regarded as being received normally.
3. Even if damages arise by means of the member not having carried out the 1st clause's revised registration, this company does not bear any liability.
Article 8: Membership resignation procedure
1. The member, through the likes of the personalized page, may resign from membership at any time. At the point in time that this company has completed the resignation procedure based on a resignation request from the member, the respective member shall lose their membership qualifications. At the time of resignation, all of the member's special privileges, and so on naturally become invalid as the resignation procedure is completed.
2. Even if the membership resignation has been carried out based on the previous clause, it does not affect any obligations occurring at that occasion, to which this agreement applies.
Article 9: Management of login ID and password
1. A member shall possess one login ID. The login ID shall be assigned to the member's email address.
2. The member bears the responsibility of strictly managing and safekeeping the password and ID that said person set at the time of registration, and so on.
3. The member must not transfer, trade, inherit, lend, pledge, release, disclose, and so on their login ID or password. Moreover, multiple people are not allowed to jointly use a login ID or password.
4. If the member's login ID or password is stolen, in the case that a third party has been identified as unjustly using such a login ID or password, this company must be contacted immediately, and in the event that instructions come from this company, they shall be followed. Moreover, regarding damages caused by this clause, the member shall personally bear responsibility, and this company shall not bear any responsibility.
5. Regarding any damages caused by insufficient management, use-related mistakes/ineptitude, third party use (including but not limited to use by family members, employees, and so on), the member shall personally bear the responsibility, and this company shall not bear any responsibility.
6. In the event that the member has forgotten their login ID or password, they shall report to this company and shall follow this company's instructions. Moreover, any usage of this service by means of the login ID and corresponding password will be deemed as being carried out by the member in themselves.
Article 10: Prohibiting the use of this service, and deletion of membership registration
1. This company may, in the event that a member falls under any of the following items, without prior notification, prohibit the member from using this service, de-register the member, or have other measures deemed appropriate taken.
(1) In the case that it is detected that conduct from this agreement's Article 20 (prohibited items) has been carried out.
(2) In the case that, after member registration, it is discovered that any of the items of Article 6's 5th clause are true.
(3) In the case that the provisions of this agreement or other agreements of some kind established by this company have been violated.
(4) In the case of a violation of a contract or agreement concerning the trade of goods or the provision of a service, according to this agreement or this company as well as Onward Group company (defined in the 2nd clause of the article 11).
(5) In the case that the member is not the person that should possess this matter's membership card, or has lost membership qualifications.
(6) In the case that the member's whereabouts become unknown, and this company cannot get in touch with the member.
(7) In the case that, regarding this service, the payment obligation of fees are fulfilled late, goods, and so on cannot be received, there are inappropriate demands for returned/replaced goods, or if there is a default on a debt.
(8) In the case that the credit card used for the sake of account payment does not belong to the member themselves, or if the user has lost the qualifications/capabilities.
(9) In the case that, regarding the credit card used for the sake of account payment; the circumstances of the card's use, the circumstances of payment, and so on are judged to be inadequate by this company.
(10) Otherwise, in the case that this service rationally judges that from an operational/administrative perspective, the member is inadequate.
2. If based on the previous clause, the member's registration is canceled, or even if by another reason the member loses their membership qualifications, it does not affect any obligations occurring at that occasion, to which this agreement applies.
Article 11: Use of personal information
1. Through this service, this company collects or uses the member's personal information for the following purposes.
(1) In order to carry out membership management of admission and resignation procedures, and so on.
2. Based on the previous clause, the personal information gathered by this company through this service, as established in the previous clause's purpose of use and within the limits of the following established items, maybe jointly used by Onward Group Company (hereon called by the general name "this company, and so on" together with this company.) and the supervisor of the joint use is regarded as Kabushiki Kaisha Onward Holdings. Onward Group Company is a business group organized as a subsidiary of the same company as Kabushiki Kaisha Onward Holdings, an associated company (not an associated company accounted for by the equity-method). Personal information items of joint use: Full name, date of birth, gender, residence, telephone number, email address, goods purchase history and moreover, there are cases where Onward Group Company may change.
3. This company, and so on shall take appropriate measures to ensure that the member's personal information is both appropriately and strictly managed, in order to prevent unauthorized access, information leaks, and so on. In the case that this company, business, and so on is entrusted to a third party, personal information shall be entrusted to the respective company upon taking protective measures.
4. This company, and so on, excluding when any of the following situations apply, will not provide a third party with the member's personal information. Also, even in the case that the member consents, in the case that personal information is disclosed/offered to a third party when carrying out an agreement concerning the treatment of personal information with a said third party, the protection of personal information shall be made absolutely certain.
(1) In the case where the member's consent exists
(2) In a case grounded on law's and ordinances
(3) In the case, that human life, health, or assets need to be protected, and it is infeasible to gain the consent of the person in question.
(4) In the case where it's particularly necessary for the improvement of public health or the promotion of the healthy rearing of juveniles, and it's infeasible to gain the consent of the person in question.
(5) In the case where it is necessary to co-operate with an agency of the national government, a local governmental body, or a person who is entrusted with work established by laws and ordinances, and by gaining the consent of the person in question it is liable to hinder the accomplishment of the said work.
(6) In the case, that business is inherited or shared, due to outsourcing, a merger, or other reasons.
5. In the case that this company, and so on uses personal information for the sake of investigation/analysis, as a general rule, it shall be used upon being processed in a condition in which the individual member cannot be identified.
6. There are cases where this company provides third party's with entrusted email addresses by uploading them to exterior servers through the use of secure transmission, in order that the specific individual cannot be identified, and appropriately process information (anonymous information processing) in order that it cannot be reconstructed.
7. In the case that the member wishes for the release/revision/deletion/and so on of said member's personal information, they shall apply in accordance with the designated process, and this company, and so on shall promptly deal with the matter within reasonable and necessary limits.
8. This company, and so on shall, excluding that which is established in this agreement, deal with the member's personal information in accordance with the personal information protection policy of Onward Group. Section 4: Use of this service
Article 12: Purchase of goods, and so on.
1. The member may, by using this service, purchase goods, and so on from this company, as established by the terms of this contract, as well as the terms established separately by this company on this site.
2. In the case that the member wishes to purchase goods, and so on, they shall apply for the purchase or use of goods, and so on in accordance with the process has specially designated for this site, and other applications by means of other processes shall be deemed invalid (however, excluding processes approved in advance by this company).
3. With/due to the previous clause's application, after the member has verified the entered/registered delivery address/order contents and so on and has clicked the order button, thereafter, at the point in time where this company sends the member an order contents verification email, the contract of sale between this company and the member regarding the respective goods, and so on shall be established.
4. In spite of the previous clause's provisions, in the case that malpractice or inappropriate conduct related to the use of this service occurs, this company may cancel, rescind, or take other appropriate measures concerning the contract of sale.
5. The goods and so on delivered by means of this service are limited to domestic Japan.
Article 13: Out of stock goods
Although this company endeavors to make absolutely certain regarding stocked goods, in the unlikely event that there is a lack of stock, there are cases where this company cancels applications from members. This company, regarding the response towards the respective cancellation, shall specially notify the respective member. Regarding the respective cancellation, the customer may not request any kind of restitution, loss compensation, and so on from this company. Moreover, concerning goods which are designated by this company as used goods, rare goods, and so on, the member may not make inquiries to this company regarding sold-out goods or re-arrival of goods, and so on.
Article 14: Payment method
1. The payment sum at the time of ordering is the purchase price of the consumption-tax-included goods and so on, as well as the concerning handling commissions such as delivery fee, cash on delivery commission, deferred payment commission as well as the consumption tax sum total.
2. The payment of goods and so on purchased by means of this service shall be limited to the credit card named by the relevant member, or a payment method separately approved by this company.
3. In the case that payment is made by credit card, the member must follow the separately agreed upon terms between the member and the credit card company. Moreover, relating to the use of the credit card, in the case that any kind of dispute occurs between the member and the credit card company, the member shall hold responsibility in the settlement between the member and the credit card company.
Article 15: Provided services
1. This company provides the following services as a part of this service.
(1) The user can browse, on this site or other mediums, information related to goods or services, and so on provided or sold by this company.
(2) The member can use the information service established in this contract's article 16.
2. This company may, regardless of any reason, in the case this company judges it necessary, without notifying the user, at any time, revise/append to/repeal one part of this service that is provided or repeal the service altogether.
Article 16: Information service
The applicant for membership registration may, by means of registering as established in Article 6, receive various information services such as direct mail, email magazine, and so on.
Article 17: Use of the personalized page
The member is able to use this company's designated personalized page. The member can, at the personalized page after logging in, inspect each function, and carry out the entry, revision, update, deletion, and so on of information towards each function.
Article 18: Cancellation of the return/replacement/order of goods and so on.
1. Concerning the cancellation of the return/replacement/order of goods, you shall accept that it is limited to the following cases.
(1) The case that the goods contain a defect.
(2) The case that goods that arrive differ from the contents of the order.
(3) The case that goods are damaged during delivery.
(4) The case that it is identified that the goods are imitations or bootleg versions.
2. In the unlikely event that any of the items of the previous clause apply, the member shall request to return goods in accordance with the process specially established by this company, this company shall bear the cost of sending back the goods, and either the selling price, shipping charge, cash on delivery commission, deferred payment commission will be returned or a substitution article will be exchanged. Moreover, even in the case, a replacement article is required, there are cases where the replacement cannot take place due to goods being out of stock, and so on.
3. During the span of time after the shipping has been processed and before the item has arrived, excluding a case where the cause is attributable to this company, the order of goods may not be canceled. Moreover, regarding the return of goods after their arrival, it shall be carried out as established in the 1st clause of this article.
Article 19: Legal disclaimer
1. Regarding the contents and so on of this service, this company shall not guarantee their fitness for purpose, functionality, accuracy, certainty, up-to-dateness, and integrity, and so on.
2. This company, regarding this service and goods, and so on sold through this service, shall not bear any kind of guarantee/responsibility for their quality, material quality, function, performance, compatibility with other goods, fitness for purpose, other defects; as well as damage, loss, disadvantage, and so on caused by these, excluding cases established by previous articles.
3. This company, relating to trouble on account of unclear delivery destination, by means of contacting the contact address registered by the member as well as sending the goods, and so on to the destination designated at the time of purchasing the goods, fulfills the obligation of delivering the goods and so on, and shall be exempt from the responsibility of said obligations.
4. This company, regarding the contents of goods-related comments submitted by third parties excluding this company, even if such comments are contrary to facts, shall not bear any responsibility toward harm caused to the member by means of purchasing goods, excluding cases where this company is guilty of intentional or gross negligence.
5. In the case that links are provided from this service leading to other websites or resources, or from a third-party website or resource leading to this service, regarding the link address' contents, use, as well as the outcome of use, this company shall not bear any responsibility. This includes but is not limited to fitness for purpose, functionality, accuracy, certainty, up-to-dateness, and integrity. Moreover, this company may, in the case that this company judges the link address' website or resources contents to be illegal or unsuitable from the management/operational perspective of this service, without the need to notify the user in any way, delete the respective link address.
6. This company shall not bear any responsibility concerning any damages caused by the user by means of not being able to use this service.
7. In the case that the user, by means of using this service, causes any kind of damage, and so on to another user or a third party, the respective user shall settle the respective responsibility and expense, and shall not cause this company any damage, loss, disadvantage, and so on.
Article 20: Prohibited items
1. The user shall not carry out any of the following conduct. In the unlikely event that violations of this cause damage to this company or to a third party, the respective user shall bear responsibility in compensating all such damages.
(1) Conduct that causes inconvenience, disadvantage, or damage to another user, a third party that is not a user, or this company; or conduct that is liable to do so.
(2) Conduct that obstructs the provision of this service or the systems used for the sake of providing this service (hereon called "this matter's systems", conduct that damages the reputation of this company, or conduct that is liable to do so.
(3) Conduct of resale to a third party of this service, resale of goods or using this service for commercial purposes (however, excluding matters that this company has approved of in advance.)
(4) Conduct of transferring membership status or the privileges based upon that status to a third party or allowing them to use such.
(5) Conduct of unjustly using another member's login ID/password.
(6) Conduct of entering and so on falsified items in a membership registration application, violating this agreement.
(7) Hindering this company's affairs in order that appropriate revision procedures of membership registration contents do not occur.
(8) Conduct of using this service by means of another person's name or a fake name.
(9) Conduct of violating public order and morals, the conduct of violating other laws and ordinances, or being liable for doing such.
(10) Conduct where the user, outside the limits of personal use, uses contents acquired through this service.
(11) Conduct that, through the medium of another user or a third party that is not a user, reproduces, sells, publishes, distributes, publicizes the contents acquired through this service; or conduct similar to this.
(12) Conduct that infringes upon the copyrights or intellectual property rights, rights to the usage of one's likeness, personal rights, privacy rights, publicity rights, or other rights of other users, third party's that aren't users, or this company's; or conduct that is liable to do such.
(13) Conduct transmitting to this service or this matter's system by means of upload, email, and so on, the contents of a computer virus, computer code, file, program (hereon called "computer viruses and so on.") designed to obstruct, disrupt, or restrict the function of computer software, hardware, telecommunication equipment; or if the liability of such exists;
(14) Conduct of a single person carrying out multiple membership registrations. However, excluding when this company has approved in advance.
(15) Conduct this company has otherwise judged as inappropriate or inadequate.
Article 21: Intellectual property rights
1. All the intellectual property rights of the contents used in this service shall fall under the jurisdiction of this company and so on, or the jurisdiction of a third party that this company and so on has given use consent.
2. In the case that it is discovered, regardless of intention, that conduct of unauthorized reproduction, unauthorized copying, or other unauthorized secondary use has taken place, or that conduct prohibited by domestic and foreign copyright acts, or by other laws and ordinances has taken place, this company and so on shall immediately take legal action.
3. In the case that the user violates a provision of this article and any kind of dispute occurs between the user and a third party, the user shall, regarding that responsibility and cost, settle the relevant dispute, and shall not cause this company and so on any kind of damage, loss, or disadvantage.
Section 5: Application of this service
Article 22: Suspension or interruption of the provided service
1. This company and so on, in the event of any of the following items, without notifying the user beforehand, may temporarily suspend or interrupt one part or the entirety of the provision of this service.
(1) In the case that an unavoidable reason arises concerning scheduled maintenance, emergency maintenance, other maintenance, operational maintenance, or construction work.
(2) In the case, that operation of a system becomes infeasible by means of a natural disaster such as a disaster, natural calamity, fire, earthquake, flood, volcanic eruption, tsunami, lightning strike, heavy snow, and so on.
(3) In the case that the operation of a system becomes infeasible by means of the social unrest of war, insurrection, terrorism, revolt, riot, and so on.
(4) A power outage, in the case, that this company and so on cannot receive adequate service from the telecommunications company or internet service provider this company and so on has contracted.
(5) In the case that the operation of this matter's system is infeasible by means of inferiority, malfunction; a third party's unauthorized access, hacking, computer viruses, infection, and so on.
(6) In the case that, by means of laws and ordinances and regulation, and administrative body/judicial body, or another regulatory body's judgment, order, a decision is carried out, or another relevant regulatory body makes an appeal with an appropriate basis.
(7) In the case that it's caused by technical incompatibility at this company.
(8) In other cases that are unavoidable, and this company and so on judges it necessary to suspend or interrupt this service.
2. This company does not hold any responsibility for damages, loss, expenses, and so on caused to the user by means of the suspension or interruption of this service as based on the previous clause.
Article 23: Management of information
1. This company at their own discretion, regarding sites of this company and so on as well as sites partnered with this company, relating to this service, may freely use either one part or the entirety of the contents submitted by the user. On the occasion of using the respective contents, this company and so on shall not be required to pay the contributor.
2. There are cases where this company for the sake of investigating a user's access history or usage circumstances, or for the sake of improving the service for the user, may collect the following information.
(1) Information relating to the user's IP address at the time of accessing this service's servers, or the device identification number of a portable terminal.
(2) The user's access information acquired through cookie technology (the name for a technology that temporarily stores data on the user's computer through their web browser, saves records such as the date and time the user last visited the site, the number of times they visited the site, and so on.)
3. The user shall in advance acknowledge that there are cases where, in the case that the user establishes web browser settings in order to refuse cookies, this service's use is limited.
Article 24: Other
1. Concerning the use of this service, in the case that a problem arises that cannot be resolved by this agreement, or by civil law, or by other various laws and ordinances, this company and the user shall discuss between each other by means of both parties' good faith, and shall come to a resolution based on this reason.
2. This agreement is based on the Japanese law and shall be interpreted in accordance with Japanese law. Moreover, even in relation to the use of this service, the application of Japanese law shall be applied.
3. In the case that the need for a lawsuit arises relating to the use of this service, shall be submitted to the exclusive jurisdiction of the Tokyo district court as the court of the first instance.
By-laws: This agreement shall apply to all users from the 1st of March 2020.
Concerning the contact information regarding the guest purchase terms of service as well as this service, in Onward Kashiyama Co, Ltd.
Echapper customer support
Email address: cutomer[at]echapper.com please replace
*Please replace [at] with the @ sign.
Guest purchase terms of service
Onward Kashiyama Co, Ltd.(hereon called "this company"), regarding this company's website "Echapper" (hereon called "this site"), establishes the terms of service (hereon called "this agreement") of the service (hereon called "this service") on the occasion of a purchase on this site that is carried out without registering as a member (hereon called "guest purchase"), as follows.
Section 1: General provisions
Article 1: This agreement's extent and revision
1. This agreement establishes the terms of use of this service.
2. This agreement, relating to the use of this service, shall apply in its entirety to the user (defined in Article 4).
3. This company may, without acquiring prior consent from the user, in accordance with the process established by this company, by means of notifying the user, as required, revise the entirety or one part of this agreement.
4. In the case that either the entirety or one part of this agreement is revised, based on the previous clause a notification shall be carried out, and simultaneously, the relevant revision shall come into effect. Concerning the user of this service, when the revised agreement is applied, the user shall follow only the revised agreement.
Article 2: Use of this service
The user shall use this service in accordance with relevant laws and ordinances, as well as this agreement, and in addition the separately established by-laws concerning the terms concerning the use of this service, and in accordance with the explanations and so on.
Article 3: Provided service
1. All guest members (defined in article 5) can carry out the following conduct regarding this service. The goods, and so on established in section 4 can be purchased from this company.
2. This company may, regardless of reason, in the event that it is deemed necessary by this company, without notifying the user, at any time revise/append to/abolish part of this service, or abolish this service altogether.
Section 2: User
Article 4: User
In this contract, "user" is a general term for a person who in addition to acknowledging and consenting to all the contents of this contract, searches for, browses, or uses the images, text, design, logo, videos, programs, ideas, information, and so on provided by this service of this site. "User" includes but is not limited to the members established in Article 5 (Membership) of Echapper's online terms of use, and the guest members established in Article 5 of this agreement.
Section 3: Guest membership
Article 5: Guest membership
In this contract, a "guest member" is defined as an individual who possesses a residence or temporary residence within Japan, and in addition to acknowledging/consenting to the entire contents of this agreement, without carrying out membership registration to this site, at any occasion of purchasing goods, inputted the necessary items in accordance with this company's designated procedures, and has been acknowledged by this company (minors are limited to those who have gained consent from their legal guardian).
Article 6: Guest purchase information registration
1. The guest purchase applicant shall carry out the application for guest purchase from the likes of this company's designated website (hereon called "guest purchase information registration page"), in accordance with the process our company has specially designated, establish/input email address, full name, residence, telephone number, and so on.
2. This company, in the case, that any of the following items apply, shall not approve the respective guest purchase application.
(1) In the case that a person other than the guest purchase applicant applies on the behalf of the guest purchase applicant.
(2) In the case that a minor, a person subject to conservatorship or curatorship, or a person subject to limited guardianship applies for the guest purchase application but does not declare such, or eligible prior consent has not been given by a legal representative.
(3) In the case that it has been identified that the guest purchase applicant, in the past, according to either this contract or this company, has by the likes of violating a contract or agreement concerning either trade of goods or the provided service, has had their membership registration canceled, their use capabilities canceled or received any other cancellations.
(4) In the case that it is identified that the contents of the guest purchase applicant's application contain falsehoods or inaccuracy, entry omission, erroneous entry, and so on.
(5) In the case that it has been identified that the guest purchase applicant has in the past, according to this company, concerning the trade of goods or a provided service, has delayed in fulfilling their payment obligations, has been incapable of receiving goods and so on across a long period of time, has made inappropriate demands for returning/replacing goods, or has otherwise defaulted on a debt.
(6) In the case that it has been identified that conduct from this agreement's article 14 (prohibited items) has been carried out.
(7) In the case, that on account of the guest purchase applicant, any of the reasons established by the items of the 1st clause of the article 7 have occurred, or the applicant is liable of falling under such reasons.
(8) Additionally, in the case that this company rationally decides that the guest purchase is inadequate for approval either operationally/administratively or socially.
Article 7: Prohibiting the use of this service
1. This company may, in the event that a guest member falls under any of the following items, without prior notification, prohibit the respective guest member from using this service, or have other measures deemed appropriate taken.
(1) In the case that it is detected that conduct from this agreement's Article 14(prohibited items) has been carried out.
(2) In the case that, after the guest purchase, it is discovered that any of the items established by Article 6's 2nd clause are true.
(3) In the case that the provisions of this agreement, a separate agreement, or other agreements of some kind established by this company have been violated.
(4) In the case of a violation of a contract or agreement concerning the trade of goods or the provision of a service, according to this agreement, a separate agreement, or this company.
(5) In the case that the guest member's whereabouts become unknown, and this company cannot get in touch with the guest member.
(6) Otherwise, in the case that this service rationally judges that from an operational/administrative perspective, the guest member is inadequate.
(7) In the case that, regarding this service, the payment obligation of fees and so on is fulfilled late, goods and so on cannot be received, there are inappropriate demands for returned/replaced goods, or if there is a default on a debt.
(8) In the case that the credit card used for the sake of account payment does not belong to the member themselves, or if the user has lost the qualifications/capabilities.
(9) In the case that, regarding the credit card used for the sake of account payment; the circumstances of the card's use, the circumstances of payment, and so on are judged to be inadequate by this company.
2. If based on the previous clause, use of this service is prohibited, or even if this company carries out measures this company deems appropriate, it does not affect any obligations occurring at that occasion, to which this agreement applies.
Article 8: Use of personal information
1. Through this service, this company collects or uses the guest member's personal information for the following purposes.
(1) In order to perform identity verification
(2) In order to perform the provision or communication of this service or a separate service
(3) In order to confirm the order contents of sold goods, or to carry out the sending of goods as well as communication.
(4) To deal with inquiries concerning deferred payment, credit card use history
(5) To deal with inquiries concerning services or sold goods
(6) Carrying out business concerning the collection or repair of goods
2. This company and so on shall take appropriate measures to ensure that the guest member's personal information is both appropriately and strictly managed, in order to prevent unauthorized access, information leaks, and so on. In the case that this company's business and so on are entrusted to a third party, personal information shall be entrusted to the respective company upon taking protective measures.
3. This company, excluding when any of the following situations apply, will not provide a third party with the member's personal information. Also, even in the case that the member consents, in the case that personal information is disclosed/offered to a third party when carrying out an agreement concerning the treatment of personal information with a said third party, the protection of personal information shall be made absolutely certain.
(1) In the case where the member's consent exists
(2) In a case grounded on law's and ordinances
(3) In the case, that human life, health, or assets need to be protected, and it is infeasible to gain the consent of the person in question.
(4) In the case where it's particularly necessary for the improvement of public health or the promotion of the healthy rearing of juveniles, and it's infeasible to gain the consent of the person in question.
(5) In the case where it is necessary to co-operate with an agency of the national government, a local governmental body, or a person who is entrusted with work established by laws and ordinances, and by gaining the consent of the person in question it is liable to hinder the accomplishment of the said work.
(6) In the case, that business is inherited or shared, due to outsourcing, a merger, or other reasons.
4. In the case that this company uses personal information for the sake of investigation/analysis, as a general rule it shall be used upon being processed in a condition in which the individual member cannot be identified
5. There are cases where this company provides third party's with entrusted email addresses by uploading them to exterior servers through the use of secure transmission, in order that the specific individual cannot be identified, and appropriately process information (anonymous information processing) in order that it cannot be reconstructed.
6. In the case that the guest member wishes for the release/revision/deletion/and so on of said guest member's personal information, they shall apply in accordance with the designated process, and this company shall promptly deal with the matter within reasonable and necessary limits.
7. This company shall, excluding that which is established in this agreement, deal with the guest member's personal information in accordance with the personal information protection policy of Onward Group.
Section 4: Purchase of goods and so on.
Article 9: Purchase of goods and so on.
1. The guest member may, by using this service, purchase goods and so on from this company, as established by the terms of this contract, as well as the terms established separately by this company on this site.
2. In the case that the guest member wishes to purchase goods and so on, they shall apply for the purchase or use of goods and so on in accordance with the process has specially designated for this site, and other applications by means of other processes shall be deemed invalid (however, excluding processes approved in advance by this company).
3. With/due to the previous clause's application, after the guest member has verified the entered/registered delivery address/order contents and so on and has clicked the order button, thereafter, at the point in time where this company sends the member an order contents verification email, the contract of sale between this company and the guest member regarding the respective goods and so on shall be established.
4. In spite of the previous clause's provisions, in the case that malpractice or inappropriate conduct related to the use of this service occurs, this company may cancel, rescind, or take other appropriate measures concerning the contract of sale.
5. The goods and so on delivered by means of this service are limited to domestic Japan.
Article 10: Out of stock goods
Although this company endeavors to make absolutely certain regarding stocked goods, in the unlikely event that there is a lack of stock, there are cases where this company cancels applications from guest members. This company, regarding the response towards the respective cancellation, shall specially notify the respective guest member. Regarding the respective cancellation, the guest member may not request any kind of restitution, loss compensation, and so on from this company.
Article 11: Payment method
The payment sum at the time of ordering is the purchase price of the consumption-tax-included goods and so on, as well as the concerning handling commissions such as delivery fee, cash on delivery commission, as well as the consumption tax sum total. The payment of goods and so on purchased by means of this service shall be limited to the credit card named by the relevant guest member, or a payment method separately approved by this company. In the case that payment is made by credit card, the guest member must follow the separately agreed upon terms between the guest member and the credit card company. Moreover, relating to the use of the credit card, in the case that any kind of dispute occurs between the guest member and the credit card company, the guest member shall hold responsibility in the settlement between the guest member and the credit card company.
Article 12: Cancellation of the return/replacement/order of goods and so on.
1. Concerning the cancellation of the return/replacement/order of goods, you shall accept that it is limited to the following cases.
(1) The case that the goods contain a defect.
(2) The case that goods that arrive differ from the contents of the order.
(3) The case that goods are damaged during delivery.
(4) The case that it is identified that the goods are imitations or bootleg versions.
2. The guest member shall in accordance with the process specially established by this company, request to return goods as established in the previous clause, this company shall bear the cost of sending back the goods, and either the selling price, shipping charge, cash on delivery commission will be returned or a substitution article will be exchanged. Moreover, even in the case, a replacement article is required, there are cases where the replacement cannot take place due to goods being out of stock, and so on.
3. During the span of time after the order and before the item has arrived, excluding a case where the cause is attributable to this company, the order of goods may not be canceled. Moreover, regarding the return of goods after their arrival, it shall be carried out as established in the 1st clause of this article.
Article 13: Disclaimer concerning goods and so on.
1. This company, regarding this service and goods and so on sold through this service, shall not bear any kind of guarantee/responsibility for their quality, material quality, function, performance, compatibility with other goods, fitness for purpose, other defects; as well as damage, loss, disadvantage and so on caused by these, excluding cases established by previous articles.
2. This company, relating to trouble on account of unclear delivery destination, by means of contacting the contact address registered by the guest member as well as sending the goods and so on to the destination designated at the time of purchasing the goods, fulfills the obligation of delivering the goods and so on, and shall be exempt from the responsibility of said obligations.
3. This company, regarding the contents of goods-related comments submitted by third parties excluding this company, even if such comments are contrary to facts, shall not bear any responsibility toward harm caused to the guest member by means of purchasing goods, excluding cases where this company is guilty of intentional or gross negligence.
4. In the case that links are provided from this service leading to other websites or resources, or from a third-party website or resource leading to this service, regarding the link address' contents, use, as well as the outcome of use, this company shall not bear any responsibility. This includes but is not limited to fitness for purpose, functionality, accuracy, certainty, up-to-dateness, and integrity. Moreover, this company may, in the case that this company judges the link address' website or resources contents to be illegal or unsuitable from the management/operational perspective of this service, without the need to notify the user in any way, delete the respective link address.
5. This company shall not bear any responsibility concerning any damages caused by the user by means of not being able to use this service.
6. In the case that the user, by means of using this service, causes any kind of damage and so on to another user or a third party, the respective user shall settle the respective responsibility and expense, and shall not cause this company any damage, loss, disadvantage, and so on.
Article 14: Prohibited items
1. The user shall not carry out any of the following conduct. In the unlikely event that violations of this cause damage to this company or to a third party, the respective user shall bear responsibility in compensating all such damages.
(1) Conduct that causes inconvenience, disadvantage, or damage to another user, a third party that is not a user, or this company; or conduct that is liable to do so.
(2) Conduct that obstructs the provision of this service or the systems used for the sake of providing this service (hereon called "this matter's systems", conduct that damages the reputation of this company, or conduct that is liable to do so.
(3) Conduct of resale to a third party of this service, resale of goods, and so on, or using this service for commercial purposes (however, excluding matters that this company has approved of in advance.)
(4) Conduct of transferring guest membership status or the privileges based upon that status to a third party or allowing them to use such.
(5) Conduct of unjustly using another member's login ID/password/this matter's membership card.
(6) Conduct of entering and so on falsified items in a guest purchase application, violating this agreement.
(7) Conduct of using this service by means of another person's name or a fake name.
(8) Conduct of violating public order and morals, the conduct of violating other laws and ordinances, or being liable for doing such.
(9) Conduct where the user, outside the limits of personal use, uses contents acquired through this service.
(10) Conduct that, through the medium of another user or a third party that is not a user, reproduces, sells, publishes, distributes, publicizes the contents acquired through this service; or conduct similar to this.
(11) Conduct that infringes upon the copyrights or intellectual property rights, rights to the usage of one's likeness, personal rights, privacy rights, publicity rights, or other rights of other users, third party's that aren't users, or this company's; or conduct that is liable to do such.
(12) Conduct of transmitting to this service or this matter's system by means of upload, email, and so on, the contents of a computer virus, computer code, file, program (hereon called "computer viruses and so on.") designed to obstruct, disrupt, or restrict the function of computer software, hardware, telecommunication equipment; or if the liability of such exists;
(13) Conduct of a single person carrying out multiple membership registrations. However, excluding when this company has approved in advance.
(14) Conduct this company has otherwise judged as inappropriate or inadequate.
Article 15: Intellectual property rights
1. All the intellectual property rights of the contents used in this service shall fall under the jurisdiction of this company and so on, or the jurisdiction of a third party that this company and so on has given use consent.
2. In the case that it is discovered, regardless of intention, that conduct of unauthorized reproduction, unauthorized copying, or other unauthorized secondary use has taken place, or that conduct prohibited by domestic and foreign copyright acts, or by other laws and ordinances has taken place, this company and so on shall immediately take legal action.
3. In the case that the user violates a provision of this article and any kind of dispute occurs between the user and a third party, the user shall, regarding that responsibility and cost, settle the relevant dispute, and shall not cause this company and so on any kind of damage, loss, or disadvantage.
Section 5: Application of this service
Article 16: Management of information
1. This company, at their own discretion, regarding this company as well as sites partnered with this company, relating to this service, may freely use either one part or the entirety of the contents submitted by the user. On the occasion of using the respective contents, this company shall not be required to pay the contributor.
2. There are cases where this company, for the sake of investigating a user's access history or usage circumstances, or for the sake of improving the service for the user, may collect the following information.
(1) Information relating to the user's IP address at the time of accessing this service's servers, or the device identification number of a portable terminal.
(2) The user's access information acquired through cookie technology (the name for a technology that temporarily stores data on the user's computer through their web browser, saves records such as the date and time the user last visited the site, the number of times they visited the site, and so on.)
3. The user shall in advance acknowledge that there are cases where, in the case that the user establishes web browser settings in order to refuse cookies, this service's use is limited.
Article 17: Suspension or interruption of the provided service
1. This company, in the event of any of the following items, without notifying the user beforehand, may temporarily suspend or interrupt one part or the entirety of the provision of this service.
(1) In the case that an unavoidable reason arises concerning scheduled maintenance, emergency maintenance, other maintenance, operational maintenance, or construction work.
(2) In the case, that operation of a system becomes infeasible by means of a natural disaster such as a disaster, natural calamity, fire, earthquake, flood, volcanic eruption, tsunami, lightning strike, heavy snow, and so on.
(3) In the case that the operation of a system becomes infeasible by means of the social unrest of war, insurrection, terrorism, revolt, riot, and so on.
(4) A power outage, in the case, that this company cannot receive adequate service from the telecommunications company or internet service provider this company has contracted.
(5) In the case that the operation of this matter's system is infeasible by means of inferiority, malfunction; a third party's unauthorized access, hacking, computer viruses, infection, and so on.
(6) In the case that, by means of laws and ordinances and so on a regulation, an administrative body/judicial body, or another regulatory body's judgment, order, a decision is carried out, or another relevant regulatory body makes an appeal with appropriate basis.
(7) In the case that it's caused by technical incompatibility at this company.
(8) In other cases that are unavoidable, and this company judges it necessary to suspend or interrupt this service.
2. This company does not hold any responsibility for damages, loss, expenses, and so on caused to the user by means of the suspension or interruption of this service as based on the previous clause.
Article 18: Other
1. Concerning the use of this service, in the case that a problem arises that cannot be resolved by this agreement, or by civil law, or by other various laws and ordinances, this company and the user shall discuss between each other by means of both parties' good faith, and shall come to a resolution based on this reason.
2. This agreement is based on the Japanese law and shall be interpreted in accordance with Japanese law. Moreover, even in relation to the use of this service, the application of Japanese law shall be applied.
3. In the case that the need for a lawsuit arises relating to the use of this service, shall be submitted to the exclusive jurisdiction of the Tokyo district court as the court of the first instance.
By-laws: This agreement shall apply from the 1st of March 2020.
Concerning the contact information regarding the guest purchase terms of service as well as this service, in Onward Kashiyama Co, Ltd.
Echapper customer support
Email address: cutomer[at]echapper.com please replace
*Please replace [at] with the @ sign.