Terms and Conditions of Sale
These Terms and Conditions of Use (these “Terms”) set forth the rights and obligations between Tod’s S.p.A. and Roger Vivier Japan K.K. on the one side (“the Company”) 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. Application1.1 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 Vivier Japan K.K. is solely responsible to the users for the purchase of products on this Website.
- 2. Registration2.1 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 the Company.
2.2 If the Company accepts the application for the registration made pursuant to Section 2.1, the Company 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 The Company 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 the Company user registration cancelled;
(2) in the case where false information is included in the application; or
(3) in the case where the Company 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 the Company.
- 3. Change in Registered ContentIf 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 the Company.
- 4. Deletion of RegistrationThe Company 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 the Company 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. ProhibitionThe Company 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 the Company 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 Website6.1 The Company 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 the Company determines that the temporary interruption of this Website is necessary.
6.2 Regardless of any provision contained herein, the Company shall in no event be liable in the case of Section 6.1.
- 7. Order of Product and Contract Formation7.1 Upon ordering product on this Website, an order will be completed when the user fills out an order form designated by the Company and sends it to the Company in the manner designated by the Company. A user who has not been registered on this Website may order product.
7.2 Upon receipt of the order, the Company will send a confirmation of receipt of the order to the user (the “Receipt Order Mail”). The Receipt Order Mail does not constitute a confirmation or acceptance of the order and it shall have not the effect of formation of a sales contract. Once the Company has confirmed the validity of the payment method to be used and the availability of the products for purchase and shipment, the Company will send a shipment confirmation email to the user (“Shipment Confirmation Mail”). A sales contract is formed once the Shipment Confirmation Mail has been sent by the Company. Please contact the Company if the user does not receive the Receipt Oder Mail within twenty-four (24) hours from the submission of the order.
7.3 The Company 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, the Company will notify the user via e-mail. After the above-mentioned Company notification, the sales contract of the ordered product will be terminated unless the user notifies the Company that the user selects either of the following options pursuant to the manner and within the deadline designated by the Company:
(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, the Company 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. Payment8.1 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.
8.3. Payment can be made by cash on delivery by cash or by credit card. The receipt is issued by Yamato Transport upon payment. When using cash on delivery as payment method, the maximum value of a single order is limited to 300,000 yen (including consumption tax). We will assume the cash on delivery fee.
- 9. Delivery of Product, Ownership and Risk of Loss9.1 The ordered product shall be delivered by either of the following methods selected by the user upon order:
delivery to the address filled out in the order form (the “Delivery at the Address”); or
9.2 With respect to the Delivery at the Address, the delivery address should be located within Japan. Further, the Company will not deliver the product to a P.O. box.
9.3 With respect to the Delivery at the Address, 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 the Company due to the user’s absence at the delivery address, the user rejects the receipt of the product at the delivery address, the sales contract regarding the product will be automatically terminated.
9.6 The title to the purchased product will be transferred to the user upon the latter date of the following:
(1) the date when the Company receives the full payment regarding the product; or
(2) the date when the product is delivered to the user.
9.7 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 of Product10.1 If the user wishes to return the product purchased on this Website, the user must notify the Company in the manner designated by the Company within fourteen (14) business days from the date of receipt of the product by the user and return the product in the manner designated by the Company 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”), the Company will bear the cost of returning the product to the Company.
Roger Vivier Japan,
Tokyo Nohin Daiko Co.,
Narita Fashion Logistics Center I, 7-2 Misawa, Tomisato City, Chiba
If the user is unable to find the Return Label or needs further assistance in returning the product, please contact the Company customer service (Tel. 0120-050-275, e-mail address: firstname.lastname@example.org) by telephone or e-mail.
10.2 If the product purchased on this Website falls under any of the following items, the Company will refuse to accept the return of the product, and the product will be shipped to the address designated upon the order of the product at the Company expense.
(1) in the case that a notice is sent to the Company 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 not 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.
10.3 The Company 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 the preceding paragraph is applicable. Please return the product pursuant to Section 10.1. If the Company determines that the product is the ordered product, the Company will return the product to the user pursuant to the preceding paragraph.
10.4 It may take seven (7) business days after the Company receipt of the purchased product to confirm whether the Company is able to accept the return of the product. If the return is accepted, the Company will send a confirmation e-mail stating that the return has been accepted when the Company has authorized the refund of the purchase price.
10.5 The title to the product returned pursuant to this Section 10 will be transferred to the Company upon the Company acceptance of the return.
- 11. Refund11.1 In the case of termination of the sales contract pursuant to Section 5, the Company 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, the Company 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, the Company 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 9.4, the Company shall refund the user the purchase price that the user has paid; provided, however, the Company 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 and return pursuant to Section 10, the Company shall refund the user the purchase price and the delivery charge that the user has paid.
11.5 The refund pursuant to this Section 11 (also in case of payment by cash on delivery with credit card) 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. When using cash on delivery (by cash) as payment method, the refund will be made to any bank account in Japan of the user. A refund to bank account in the name of other persons is not possible.
- 13. Limitation of Liability13.1 The user acknowledges that although the Company 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. The Company may correct information on this Website without notifying the user in advance.
13.2 The Company shall not be liable for damage incurred relating to this Website regardless of the predictability of such damage, except in cases where the Company has acted in gross negligence or with willful intent.
13.3 Even in the case where the Company is liable for damage incurred relating to this Website, the Company 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 Jurisdiction14.1 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. LanguageThe 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. Amendment16.1 The Company 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 the Company.