Terms and conditions
Introduction
COMME des GARÇONS Co., Ltd. (hereinafter referred to as “the Company”) stipulates the following terms of use (hereinafter referred to as “the terms”) for the services provided by cdgcdgcdg.com (hereinafter referred to as “the services”), the site that the Company operates (hereinafter referred to as “the site”).
Scope and Revision of the Terms
The terms shall apply to everyone making use of orders, registrations, and information and services provided when utilizing the services (hereinafter referred to as “the users”).
The Company shall be able to revise and update all or part of the terms without prior notice and without obtaining the consent of the users.In the event that the terms are revised, only the revised versions shall apply to the users.
Ordering Items
For orders made through the site, after clicking “PLACE ORDER,” the user will be automatically redirected to “YOUR ORDER IS CONFIRMED” page, and an expanded “YOUR ORDER IS CONFIRMED” page will be displayed on the screen, indicating that a sales contract for the relevant item(s) has been recognized as being finalized between the Company and the user. Therefore, changes or cancellation of the item(s) ordered by the user shall not be accepted after this page is displayed.
Depending on your device or usage condition, you may not be redirected to “YOUR ORDER IS CONFIRMED” page. However, if order of the relevant item(s) can be confirmed from your User Account as having been finalized, your order will be regarded as complete.
When you have completed an order, a confirmation email will be automatically sent to your e-mail address. However, depending on the security program applied to your emails, you may not be able to receive our confirmation email. If you do not receive an email confirmation after placing your order, please inquire us through CONTACT to confirm that your order has been accepted and completed.
Although it is intended that the photographs of items posted on the site show the exact colors, designs, etc., of the actual items as accurately as possible, please be aware that there may be some differences, depending on the users’ viewing environments and devices.
Regarding availability of stock, an item may not be available in exceptional cases, such as when multiple customers order the same item at the same time. If stock availability cannot be guaranteed, refund procedures will be taken immediately. (Because refunds will be made through credit card companies, the time required to receive refunds will differ depending how refunds are handled by each credit company)
Please be aware that for some items, there may be a purchase limit per customer.
Moreover, if, in connection with the use of the services, any of the following apply or the Company deems that they apply, the Company shall be able to cancel or release the sales contract and take other appropriate measures. The Company shall accept no liability whatsoever for any damage, loss, disadvantage, etc., occurring in connection with the cancellation or the like of the sales contract.
1) It becomes evident that the user had violated the terms, etc., in the past.
2) It becomes evident that false representations and incompletions exist in the user’s information.
3) There is uncertainty concerning the user’s fulfillment of obligation.
4) The user has engaged in illicit purchase and sale (such as purchasing items to resell them or otherwise make a profit or misrepresenting themselves as a third party, etc.) or the Company has deemed it such.
Payment Methods
The amount paid for items, etc., will be the total of the purchase price of the items, etc., which will include consumption tax and the shipping fee.
The method of paying for items, etc., purchased through the services shall be limited to the use of credit cards in the user’s name (VISA, MasterCard, JCB, AMEX, Diners and Discover)
For payment by credit card, members shall be subject to the terms stipulated in the separate contracts between members and credit card companies. Should a dispute arise between a member and a credit card company in connection with the use of a credit card, said member and the credit card company shall be responsible for resolving said dispute.
Shipping of Items
Shipment made by the services shall be limited to addresses within Japan.
Usually, items are shipped within five (5) days after orders are received (excluding Saturdays, Sundays, national holidays and New Year holidays). Items will be delivered by Sagawa Express. Please be aware that delivery dates cannot be selected.
The shipping cost will be \650 flat (tax included), anywhere in Japan.
Separate orders will be shipped separately. Please be aware that multiple orders cannot be shipped collectively, even if shipments are forwarded to the same address.
The Company shall bear no responsibility whatsoever for any damage to or loss of items occurring during shipping.
When items ordered cannot be delivered due to the customer’s own reasons (such as long-term absence or incorrectly typed forwarding address, or customer’s refusal to accept delivery,) or if the customer fails to accept the shipment within the courier’s storage period (7 days from the delivery date), the Company will contact the customer for confirmation at that point. If we are unable to contact the customer, we will take procedures to cancel said order. Also please note that we may not be able to accept future orders from said customer.
Returning and Exchanging Items
The Company does not accept returns (refunds) or exchanges of items that the user has ordered through the services.
However, the Company will accept returns or exchanges only for items with defects or that have been sent by mistake, provided all of the following requirements are met.
1) The customer contacts the Company through CONTACT on this site within seven (7) days of the item being delivered
2) The item has not been used, and its tags are still attached.
3) All accessories and the statement of delivery are provided.
After contacting the Company, the user shall enclose the relevant item, tags, accessories, statement of delivery and send them back, cash on delivery, to the Company. After the Company has confirmed the returned item and deems that the item has a defect or was sent by mistake, such item will be exchanged with the correct item. Please note that it will not be possible to exchange the item for a different item, color or size.
A refund will only be given if the item is out of stock and therefore, is not available.
If there is any problem with an item that you did not order from the site but purchased at a physical store, please request said store to handle returns or exchanges.
Disclaimer
In the following cases, the Company shall not bear any responsibility whatsoever for damage occurring from system interruption, delay, discontinuation, data loss, and damage caused by illegal access to data owing to difficulties with communication lines or computers, or various problems resulting from computer viruses and the like.
1) When natural disaster, such as a fire, earthquake , flood, lightning, heavy snow or the like occurs.
2) When social instability such as war, civil war, terrorism, riots, civil commotion or the like occurs.
3) The Company was unable to receive appropriate service from the telecommunications companies, shipping companies, or providers it has contracts with.
4) Circumstances occurred that made it technically impossible for the Company to function.
Prohibited Acts
In utilizing the services, the users shall be prohibited from performing the following acts.
If it becomes evident that a user has performed the following acts, the Company may, at its discretion, cancel orders made by the user and refuse to provide the services thereafter.
When it becomes evident that there was such a prohibited act, and as a result, damage occurs to the Company or a bona fide third party, the relevant user shall bear all liability and responsibility for the damage that occurred and shall be liable for compensation.
1）Acts in violation of public order and morals, acts in violation of other laws and ordinances, and acts that are causes of such concern
2）Acts of false declarations made at the start of using the services
3）Acts to utilize the services for commercial purposes
4）Acts to duplicate, sell, publish, distribute, or make public any content procured through the services or similar acts
5）All acts of infringement on the intellectual property rights of the Company or third parties in using the services and acts that are causes of such concern
6）Acts to intentionally exploit, misuse, delete or falsify information of the Company or third parties through the illicit use of the services and related systems
7）Other acts, notwithstanding the foregoing, that the Company deems to be illegal, inappropriate or irrational
Accounts
To place orders using the services, it is necessary to create an account by following the Company’s prescribed methods.
The Company shall confirm registration of your account when you click SUBMIT to create a new account from LOGIN. Minors will not be able to create accounts without the advance consent of a qualified legal representative. When there is an order for an item from a minor’s account, such order will be regarded as having obtained the consent of the minor’s guardian. The user shall be responsible for carefully managing and storing account information, including passwords. The account information must not be assigned, bought or sold, transfered, lent, disclosed or leaked to third parties. The user shall bear sole responsibility pertaining to maintaining confidentiality and security in connection with his/her own account and all activity generated with it. The user shall be deemed to have consented to immediately notifying the Company of any problems pertaining to the security of the user’s own account. The Company shall bear no responsibility whatsoever for damage attributed to the illicit use of the user’s own account.
If any of the following items apply, the Company shall not approve the relevant registration.
1) It becomes evident that the applicant for member registration had committed some form of violation, etc., of the terms pertaining to the services the Company provides in the past and the matter was disposed of by canceling member registration or the like;
2) It becomes evident that the application of the applicant for member registration contains falsified items;
3) It becomes evident that the applicant for member registration had failed to fulfill the payment of fees, etc., for some service the Company provided in the past; or items and such were undeliverable for a long period of time for no rational reason; or a return or exchange was refused or there was some other default of obligation;
4) It becomes evident that the applicant performed an act in the past that was in violation of the terms (a prohibited act), or else
5) The Company rationally deems that the approval of registration would be inappropriate in terms of the operation and management of the services.
Users wishing to delete accounts shall be able to do so at any time. Please contact the Company through CONTACT on this site. Account qualification will be forfeited when the Company receives a request for the deletion of a user’s account.
Handling of Personal Information
The Company shall handle members’ personal information that it has acquired in connection with the use of the services in accordance with the separately established Personal Information Protection Policy.
Intellectual Property Rights and Copyrights
All intellectual property rights for the content provided through the services shall belong exclusively to the Company.
The Company shall immediately take legal action if, irrespective of the purpose, acts prohibited by domestic and overseas copyright laws and other laws and regulations are discovered, such as unauthorized duplication, unauthorized republication, and unauthorized secondary use of the Company’s content.
Should any dispute arise with a third party because of the user’s violation of the terms, the user shall bear the responsibility and expense of resolving the dispute and shall not subject the Company to any damage, loss, disadvantage or the like.
Governing Law and Court of Jurisdiction
Japanese law shall be the governing law pertaining to the use of the site and sales contracts for items. Should the need for litigation arise between the Company and a user in connection with the terms, the Tokyo District Court shall be the exclusive court of jurisdiction.