These Terms and Conditions of Sale (these “Terms”) set forth the rights and obligations between Tod’s S.p.A. and Roger Vivier on the one side (“Tod’s”) and its customers on the other side relating to the use of this website (this “Website”) and purchase of products on this Website. Please review these Terms upon the use of this Website and purchase of products on this Website.
1. Application
1.1 These Terms apply to all conduct regarding the use of this Website, including, but not limited to, user registration and purchase of product.
1.2 The user shall be deemed to accept these Terms upon the utilization of this Website, including, but not limited to, user registration and purchase of product.
1.3 Tod’s S.p.A. is only in charge of managing the user registration on this Website regarding the subject matter of these Terms. Roger Vivieris solely responsible to the users for the purchase of products on this Website.
2. Registration
2.1 A user who wishes to be registered on this Website shall apply for registration from the registration page on this Website in accordance with the manner designated by Tod’s.
2.2 If Tod’s accepts the application for the registration made pursuant to Section 2.1, Tod’s will send a registration confirmation e-mail. Upon the receipt of the e-mail by the user who applied for the registration, such user shall be deemed a registered user.
2.3 Tod’s may not accept the application for the registration made pursuant to Section 2.1 if any of the following items applies:
(1) in the case where the user who applied for the registration has previously had their Tod’s user registration cancelled;
(2) in the case where false information is included in the application; or
(3) in the case where Tod’s reasonably determines that accepting the application is inappropriate for the operation and management of this Website.
2.4 Only the registered user may use his/her registration credentials (e-mail address and password). The registered user shall not transfer or lend his/her registration credentials to a third party. In the case where the registration credentials have been improperly used by a third party, the registered user shall immediately notify Tod’s.
3. Change in Registered Content
If all or any part of the registered content, including, but not limited to, name, address and phone number changes, the registered user shall immediately change the registered content in the manner designated by Tod’s.
4. Deletion of Registration
Tod’s may delete the registration of a registered user if any of the following items applies to the registered user:
(1) in the case where the registered user has previously had their Tod’s user registration cancelled;
(2) in the case where false information is included in the registration;
(3) in the case where the registered user defaulted on his/her obligations relating to purchase of product on this Website;
(4) in the case where the registered user falls under any of the items in Section 5 (Prohibition); or
(5) in the case where the registered user breaches any of these Terms other than stated above.
5. Prohibition
Tod’s may cancel the purchase order from the user, terminate the sales contract with the user or reject the use of this Website at its sole determination if any of the following items applies to the user relating to the use of this Website:
(1) in the case where the user inputs false information;
(2) in the case where the user interferes with the operations of this Website or Tod’s business operations or conducts an act that may lead to such interference;
(3) in the case where the user impersonates another person;
(4) in the case where the user purchases product for the purposes of making profit or resale; or
(5) in the case where the user fails to pay the purchase price.
6. Interruption of this Website
6.1 Tod’s may suspend the use of this Website for the following cases without the prior notice to the users:
(1) in the case where maintenance of this Website is conducted;
(2) in the case where the management of this Website becomes impossible due to the occurrence of emergency event such as Act of God or crisis or the possibility of such occurrence; or
(3) in the case where Tod’s determines that the temporary interruption of this Website is necessary.
6.2 Regardless of any provision contained herein, Tod’s shall in no event be liable in the case of Section 6.1.
7. Order of Product and Contract Formation
7.1 Upon ordering product on this Website, an order will be completed when the user fills out an order form designated by Tod’s and sends it to Tod’s in the manner designated by Tod’s. A user who has not been registered on this Website may order product.
7.2 A sales contract regarding the ordered product shall be concluded when an order pursuant to Section 7.1 reaches Tod’s server. Upon the conformation of the validity of the payment method to be used, Tod’s will send an order confirmation e-mail to the user. Please contact Tod’s if the user does not receive the order confirmation e-mail within twenty four (24) hours from the submission of the order.
7.3 Tod’s uses a reasonable effort to display the latest quantity of inventory on this Website. In the case that the ordered product is out of stock due to reasons such as the receipt of multiple orders in a short period of time, we will notify the user via e-mail. After the above-mentioned Tod’s notification, the sales contract of the ordered product will be terminated unless the user notifies Tod’s that the user selects either of the following options pursuant to the manner and within the deadline designated by Tod’s:
(1) provide the ordered product after it is in stock again pursuant to new delivery terms; or
(2) provide a different product in the case that the ordered product is unable to be in stock again; provided that the price of such different product must be equal to or higher than the ordered product and the difference of the price shall be paid by the user.
7.4 Notwithstanding Section 7.3, Tod’s may offer to sell products belonging to new collections before they are even manufactured (the “Pre-order Products”) or products which are currently unavailable (because they are momentarily out of stock, for instance) (the “Back-order Products”) on this Website.
8. Payment
8.1 The prices of the products displayed on this Website is inclusive of consumption tax. The prices of the products may be changed from time to time. Please check the latest price before ordering the product.
8.2 Tod’s accepts MasterCard, Visa, American Express, JCB and any other methods which are clearly advertised on this Website as methods of payment. The payment will be debited to the user’s credit card only after verification of the credit card details, receipt of credit authorization of the credit card, confirmation of the product availability, and when the ordered product is ready for shipment. By making an order on this Website, the user expressly authorizes Tod’s or any third party vendor utilized by Tod’s in connection with the processing of online payments to perform credit checks and verify the information provided in order to conduct appropriate anti-fraud checks. Any information that the user provides may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Please refer to our Privacy Policy for further information about how Tod’s uses your personal data. All the transactions on this Website are processed using CyberSource Payment, a secure online payment system that encrypts credit card details in a secure environment.
9. Delivery of Product, Ownership and Risk of Loss
9.1 The ordered product shall be delivered to the address filled out in the order form (the “Delivery at the Address”).
9.2 The delivery address should be located within Japan. Further, Tod’s will not deliver the product to a P.O. box.
9.3 The product will be generally delivered within the timeframe stated in product information on this Website (excluding consecutive holidays and year-end and New Year) from the order date (in the case of the Pre-order Products and Back-order Products, the transmission of an e-mail notifying the arrival of the Pre-order Products or Back-order Products) if the date and time of delivery is not designated. The user acknowledges that the delivery may be inevitably delayed due to causes such as transportation conditions even if the date and time of delivery is designated.
9.4 If the product is returned to Tod’s due to the user’s absence at the delivery address or the user rejects the receipt of the product at the delivery address, the sales contract regarding the product will be automatically terminated.
9.5 The title to the purchased product will be transferred to the user upon the latter date of the following:
(1) the date when Tod’s receives the full payment regarding the product; or
(2) the date when the product is delivered to the user.
9.6 Upon the receipt of the purchased product by the user, all the risk of loss and damage to the product will be passed onto the user.
10. Return or Exchange of Product
10.1 If the user wishes to return the product purchased on this Website, the user must notify Tod’s in the manner designated by Tod’s within fourteen (14) business days from the date of receipt of the product by the user and return the product with the invoice and the standard withdrawal form (the “Standard Withdrawal Form”) enclosed with the product to the following address within fourteen (14) business days from the date of such notification. If the user uses the return shipment label enclosed with the product (the “Return Label”), Tod’s will bear the cost of returning the product to Tod’s. TOD'S JAPAN, HIGASHI-OGISHIMA CENTER c/o Toyo Warehouse & Transportation Co., Ltd. 22-4 Higashi Ogishima, Kawasaki-ku, Kawasaki-shi, Kanagawa Pref. 210-0869 If the user is unable to find the Return Label or needs further assistance in returning the product, please contact Roger Vivier customer service (Tel. 0120-290-275, e-mail address: contact-rogervivier-jp@todsgroup.com).
10.2 If the user wishes to exchange the product purchased on this Website (the “Pre-exchange Product” in this Section 10) for a different size or for another product of Tod’s that is available for sale on this Website, the user must notify Tod’s in the manner designated by Tod’s within fourteen (14) business days from the date of receipt of the Pre-exchange product by the user and return the Pre-Exchange Product with the invoice and the exchange form (the “Exchange Form”) enclosed with the Pre-exchange Product to the address described in Section 10.1 within fourteen (14) business days from the date of such notification. If the user uses the Return Label, Tod’s will bear the cost of retuning the Pre-exchange Product to Tod’s. The user acknowledges and agrees that the exchange may not be possible due to the availability of the product that the user wishes to receive in exchange. Upon such unavailability, the user’s request to exchange the product will be treated as a request to return the product, and a refund will follow. If the user is unable to find the Return Label or needs further assistance in exchanging the product, please contact Roger Vivier customer service (Tel. 0120-290-275, e-mail address: contact-rogervivier-jp@todsgroup.com). If the purchase price of the exchanged product is higher than the purchase price of the Pre-exchange Product, the user must pay the difference in the manner designated by Tod’s. If the purchase price of the exchanged product is lower than the purchase price of the Pre-exchange Product, the difference will be refunded.
10.3 If the product purchased on this Website falls under any of the following items, Tod’s will refuse to accept the return or exchange of the product, and the product will be shipped to the address designated upon the order of the product at Tod’s expense. It may take seven (7) business days after Tod’s receipt of the purchased product to confirm whether Tod’s is able to accept the return or exchange of the product. If the return or exchange is accepted, Tod’s will send a confirmation e-mail stating that the return or exchange has been accepted when the preparation of a product to be exchanged is completed (in the case of exchange) or Tod’s has authorized the refund of the purchase price (in the case of return).
(1) in the case that a notice is sent to Tod’s after fourteen (14) business days have passed since the receipt of the product by the user or the product is returned after fourteen (14) business days have passed since the notification;
(2) in the case that any or all of the product or attachment is missing;
(3) in the case that wrapping material such as box, cloth bag, paper bag and ribbon is missing;
(4) in the case there are signs of usage or trial such as wrinkles, scratches, stains or smell;
(5) in the case that the product is a custom made product;
(6) in the case that the product information of the product states that the product is neither exchangeable nor returnable;
(7) in the case that the product is marked down or is on final sale; or
(8) in the case that the product is returned from outside of Japan.
10.4 Tod’s accepts return of the purchased product when the delivered product is different from the ordered product even if any of items (5) to (7) of Section 10.3 is applicable. Please return the product pursuant to Section 10.1. If Tod’s determines that the product is the ordered product, Tod’s will return the product to the user pursuant to Section 10.3.
10.5 The title to the product returned pursuant to this Section 10 and the Pre-exchange Product will be transferred to Tod’s upon Tod’s acceptance of the return or exchange.
11. Refund
11.1 In the case of termination of the sales contract pursuant to Section 5, Tod’s shall refund the user the purchase price and the delivery charge (only when the product has not been shipped) that the user has paid; provided, however, Tod’s may refund the purchase price after deducting the increased cost of the delivery charge such as for redelivery or return of the product, if any.
11.2 In the case of termination of the sales contract pursuant to Section 7.3, Tod’s shall refund the user the purchase price and the delivery charge that the user has paid.
11.3 In the case of termination of the sales contract pursuant to Section 945, Tod’s shall refund the user the purchase price that the user has paid; provided, however, Tod’s may refund the purchase price after deducting the increased cost of the delivery charge such as for redelivery or return of the product, if any.
11.4 In the case of termination of the sales contract pursuant to Section 10.1 or Section 10.2 (in the case of return), Tod’s shall refund the user the purchase price that the user has paid.
11.5 In the case of exchange of the product pursuant to Section 10.2 where the purchase price of the exchanged product is lower than the purchase price of the Pre-exchange Product, the difference will be refunded.
11.6 In the case of termination of the sales contract pursuant to Section 10.4, Tod’s shall refund the user the purchase price, the delivery charge and the cost of returning the product to Tod’s that the user has paid.
11.7 The refund pursuant to this Section 11 will be made to the bank account for withdrawal connected to the credit card that the user used to purchase the product on this Website.
12. Personal Information
Please review Tod’s privacy policy Privacy Policy of the Site for the handling of personal information relating to the use of this Website and the purchase of products on this Website.
13. Limitation of Liability
13.1 The user acknowledges that although Tod’s uses its best efforts to display accurate and up-to-date information on this Website, it may be possible that typographical errors and inaccurate information are displayed on this Website. Tod’s may correct information on this Website without notifying the user in advance.
13.2 Tod’s shall not be liable for damage incurred relating to this Website regardless of the predictability of such damage, except in cases where Tod’s has acted in gross negligence or with willful intent.
13.3 Even in the case where Tod’s is liable for damage incurred relating to this Website, Tod’s will not owe an obligation to compensate the user beyond the amount of the purchase price of the product that the user purchased.
14. Governing Law and Jurisdiction
14.1 These Terms and the sales contract associated with the use of this Website shall be governed by Japanese law.
14.2 The Tokyo District Court or the Tokyo Summary Court shall be the agreed upon exclusive court of jurisdiction in the first instance concerning all disputes relating to these Terms and use of this Website.
15. Language
The controlling language of these Terms shall be Japanese. In case of discrepancy between the Japanese language version of these Terms and the translated version, the Japanese language version shall prevail.
16. Amendment
16.1 Tod’s may amend these Terms without prior notice.
16.2 The amendment of these Terms will become effective upon its display on this Website unless otherwise designated by Tod’s.