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＜OPENING CEREMONY online Terms of Service＞ 利用規約
ONWARD KASHIYAMA Co., Ltd. ("ONWARD") states Terms of Service ("Terms") of the service ("Service") provided by our website "OPENING CEREMONY online" ("Site") as below.
Chapter 1 General Provisions
Article 1 Scope of Terms and Modifiacation
1-1. These Terms govern your usage of the Service.
1-2. These Terms shall be applied to all Users (defined in Article 4) who use this Service.
1-3. ONWARD may revise and update these Terms from time to time. If a revision is material notice shall be provided in prior to Users by means determined by ONWARD.
1-4. Modification of these Terms shall take effect at the same time when the notice stated in 1-3 was made. After Modification, revised Terms shall be applied to the use of this Service, and Users shall be subject to the revised Terms only.
Article 2 Use of Service
In order to use the Service, Users must agree to related regulations and Terms、other detailed rules and statements for the condition of use provided by ONWARD.
Article 3 Service Provision
3-1. Members (defined in Article 5) can conduct below in the Service.
Members can purchase the product and the like from ONWARD as defined in Chapter 4.
3-2. ONWARD may revise, update or terminate, a part or all of Service at any time without prior notice, for any reason whatsoever.
Chapter 2 Users
Article 4 Users
"Users" defined in Terms must understand and accept the content of Terms to search, view or use images, text, design ,logo, movies, programs, idea, and information ("Contents") provided by Service. Users includes Members defined in Article 5 of Terms and the like.
Chapter 3 Members
Article 5 Members
Terms define "Members" as those who reside in Japan, China, Korea, Taiwan, Singapore, Hong Kong understand and accept content of Terms, and who applied for Member registration by proper procedures stated by ONWARD and being accepted by ONWARD (regarding minors, only those who obtained permission from parent(s)).
Article 6 Member Registration
6-1. Those who wish to apply for Member registration must submit an e-mail address, log-in ID, password, name, date of birth, gender, address, phone number, subscribe/not to subscribe mail magazine in noted procedute from designated website ("Member registration page") and the like.
6-2. ONWARD shall send a registration confirmation mail if it accepts the application in 6-1. Applicant shall be registered as a Member when this mail has been sent.
6-3. Member can use Members-only Service in Service after the completion of Member registration in 6-2.
6-4. ONWARD will not accept Member registration application if it falls under below items.
（1）Member registration application was not submitted by the the applicant himself/herself.
（2）Member registration appliation made by minors, warrantees, or person subject to a limited guardianship that is not declared so, or not obtaied an appropriate agreement by legal representative.
（3）Applicant of Member registration turned out to be the one with a history of Member deregistration, disqualification, or termination due to a violation of these Terms, or terms, or contract of product purchase or service provision by ONWARD and/or ONWARD group company (defined in Article 11 para. 2).
（4）Information submitted by a Member registration applicant include false or untrue items, omission, or cacography.
（5）Applicant of Member registration turned out to be the one with a history of delay of payables including payment for product, unabled verification of product receipt for long term, inappropriate request for return or exchange, or other default regarding product purchase or service provision by ONWARD and/or ONWARD group company (defined in Article 11 para. 2).
（6）Applicant of Member registration turned out to be the one with a history of executing the act(s) defined in Article 21 (Prohibitions).
（7） Member registration applicant is in a situation, or may be in a situation stated in Article 10 para. 1.
（8）ONWARD and others reasonably decides that it is administratively, or socially inappropriate to accept Member regisration.
Article 7 Revision of Registrated Information
7-1. Member must immediately make a revision and update on the website designated by ONWARD if there is a change in information registrated at ONWARD through this Service.
7-2. It shall be deemed that a Member have received a mail, e-mail, product, or cash at an appropriate timing although he/she received it later, or could not received it due to his/her failure to make a rivision in 7-1.
7-3. ONWARD assumes no responsibility to a loss or damage caused by a Member's failure to make revision in 7-1.
Article 8 Withdrawal from Membership
8-1. Member can withdraw from membership at any time by going through the process on My page and the like. Withdrawal shall take effect at a timing when ONWARD has completed the withdrawal procedures upon Member's request. Accumulated points and other previlege of membership shall be void with the completion of withdrawal procedure.
8-2. Withdrawal in 8-1 shall not take effect on liabilities that had come into being in prior, and Terms shall be applied.
Article 9 Log-in ID and Password
9-1. A Member shall be assigned to one log-in ID. Member shall use his/her own e-mail address for the log-in ID.
9-2. Member must be responsible for a strict control and management on log-in ID and password that Member himself/herself had set upon Member registration.
9-3. Member shall be prohibited from transfer, sale, purchase, succession, loan, pledge, disclosure, or reveal of one's log-in ID and password to a third party, or to share with others.
9-4. In case of theft, misuse or unauthorized use by a third party of one's log-in ID or password, Member must immediately inform ONWARD so and obey ONWARD's instruction if it's given. Member shall be responsible for any loss or damage caused in 9-4, and ONWARD shall assume no responsibility.
9-5. For any loss or damage caused by insufficient control of log-in ID or password, malpractice, or a third party usage (including but not limited to family or employees, and the like) Member shall be responsible for any loss or damage caused and ONWARD shall assume no responsibility.
9-6. Member must immediately inform ONWARD so and obey ONWARD's instruction if it's given if he/she had forgotten one's log-in ID or password.Also use of Service with Member's log-in ID and corresponding password shall be deemed as Member's usage.
Article 10 Termination of Use of Service and Deregistration of Membership
10-1. Without prior notice, ONWARD shall be able to take measures including termination of Member's use of Service, Member deregistration or other appropriate action if he/she falls under below items.
（1）Member turned out to commit an act stated in Article 21 (Prohibitions) of Terms.
（2）Fact(s) stated in Article 6 para. 5 was found out after Member registration.
（3）Member violated the regulation in these Terms or other terms stated by ONWARD.
（4）Member violated the regulation in these Terms, or contruct or terms regarding product purchase or service provision between ONWARD or ONWARD group company (defined in Article 11. para. 2).
（5）Member is not the Member him/herself who should be holding a Member card, or he/she had already lost Membership.
（6）ONWARD is not able to contact with Member since his/her whereabouts is unknown.
（7） Member had an act of delay of payables including payment for product, unabled verification of product receipt for long term, inappropriate request for return or exchange, or other default in Service.
（8）Member is not a holder of credit card used for payment, or he/she had already lost Membership.
（9）ONWARD decided that the usage and payment status of credit card used for payment were inappropriate.
（10）ONWARD reasonably decides that Member is administratively inappropriate for Service.
10-2. Member deregistration based on 10-1 or disqualification of Membership due to other cause shall not take effect on liabilities that had come into being in prior, and these Terms will be applied.
Article 11 Use of Personal Information
11-1.ONWARD collects and utilizes Member's personal information for below purposes in providing Service.
（1）Membership management including registration and deregistration.
（2）Member's identity verification.
（3）To provide or inform about Service or personal Service.
（4）Order confirmation, product delivery and sending its notice.
（5）To handle inquiries on deferred payment or credit card payment.
（6）To provide information upon Member's request.
（7）Mail magazine distribution to the subscribers of mail magazine.
（8）Distribution of brochure or DM.
（9）To implement campaign or questionnaire, or sending gift to Member.
（10）Product development or marketing.
（11）To provide information or implement advisement on product or Service offered by ONWARD and ONWARD group company (defined in Article 11-2).
（12）To handle inquiries on product and Service.
（13）To handle product repair or recall.
（14）To efficiently handle point management in Service.
11-2. Personal information collected by ONWARD through Service based on 11-1 shall be shared among ONWARD group company ("ONWARD and the like") on the purposes stated in 11-1 subsidiaries, and related companies (excluding affiliated companies accounted for by the equity-method).
Personal information for shared usage：name, date of birth, gender, address, phone number, e-mail address history of product purchase, and the like.
There may be a change in ONWARD group company.
11-3. ONWARD and the like shall handle Member's personal information with appropriate and strict care, and take reasonable security action to prevent illegal access and leak of information. In case of consignment of the operation of ONWARD and the like to a third party, it shall put personal information in escrow with a safeguard to subcontractors.
4.ONWARD and the like shall basically use personal information for research and analysis after processed it so that individual Member cannot be identified.
5.Member shall follow designated procedures to request disclosure, revision, or deletion of his/her personal information, and ONWARD and the like shall immediately take an action within reasonable and required range.
6.ONWARD and the like shall handle Member's personal information in accordance with ONWARD group's personal information security policy except for those defined in Terms.
Chapter 4 Use of Service
Article 12 Purchase of Product and the like
12-1. Member can purchase products from ONWARD in a condition stated in these Terms and in a condition ONWARD separately states on Website.
12-2. If Member wishes to purchase products, he/she shall apply for a purchase or usage by following the procedures designated by ONWARD on Website and application through other methods (except for those accepted by ONWARD in prior) shall become void.
12-3. In accordance with an application stated in 12-2, a product purchase and sales contract between Member and ONWARD shall come into force at a timing when Member clicks the button to order after confirming input address for delivery, order content and the like, and order confirmation mail had been sent to MEMBER from ONWARD.
12-4. Regardless of 12-3, ONWARD can cancel, terminate, or take other appropriate action on purchase and sales contract if there was a misconduct or inappropriate act regarding Service usage.
12-5. Product delivery in Service shall be limited within Japan.12-5. Product delivery in Service shall be limited within the following area and country. Japan, China, Korea, Taiwan, Singapore, Hong Kong.
Article 13 Absence of Product
ONWARD shall do its best to secure stock products, however it may cancel an order from Member if the product is out of stock. ONWARD shall separately inform the Member regarding this cancellation. Member cannot ask for any compensation for the loss caused by this cancellation towards ONWARD. Furthermore, since secondhand products, rare products, and other products designated by ONWARD will be on-shelf stock only so that Member cannot ask ONWARD for restock or other inquiry regarding sold-out products.
Article 14 Payment Method
14-1. Payment amount for an order shall be the total price of commodity price including consumption tax, its shipment cost, C.O.D charge, commission including deferred payment charge and consumption tax.
14-2. Payment of the product and the like purchased through Service shall be made only by a credit card belongs to Member or other payment methods that ONWARD separately accepts.
14-3. Credit card payment shall obey the terms stated in the separate contract between Member and credit card operator. Furthermore, in case of a conflict between Member and credit card operator and the like regarding credit card usage, Member and credit card operator must be responsible to resolve the conflict.
Article 15 Service Provision
15-1. ONWARD provides the following service as a part of Service.
（1）User's view of the information regarding products or service offered by ONWARD on Website and the like media.
（2）Member's usage of the point service defined in Article 16 of these Terms.
（3）Member's usage of the information service defined in Article 17 of these Terms.
（4）Member's usage of My page defined in Article 18 of these Terms.
15-2. ONWARD may revise, update or terminate, a part or all of our Service at any time without prior notice, for any reason whatsoever.
Article 16 Point Service
16-1. ONWARD and the like shall provide privilege in accordance with Member's purchase amount or purchase history and the like if Member will purchase products eligible for point and the like Privilege ("Privilege") on Website, or in a case designated by ONWARD and the like.
16-2. Regardless of 16-1, Member shall accept in prior that Privilege will not be given if it falls in below cases.
（1）Member purchased products or service ineligible for Privilege.
（2）Member purchased products before the completion of Member registration.
（3）ONWARD decides that it may be deemed as prohibitions defined in Article 21 (Prohibitions) of these Terms.
（4）ONWARD decides that it is inappropriate to provide Privilege.
16-3. Member cannot sell and transfer Privilege and the right to be given Privilege to a third party, or change them into money.
16-4. If Member returns the product that was given point upon its purchase, those point upon purchase shall be void. If Member had used points for the payment of this product, ONWARD shall return those points or cash amount equivalent to points to Member.
16-5. ONWARD may revise, update or terminate, a part or all of our Privilege without prior notice.
Article 17 Information Service
Applicants for Member registration shall be provided information service including direct mail, mail magazine and the like by completing Member registration stated in Article 6.
Article 18 Use of My Page
Member shall be allowed to use My page designated by ONWARD. After log-in to My page, Member can view each function, or input, revise, update, or delete informatiion on each function page.
Article 19 Return, exchange of the Product and the like and Order Cancellation
19-1 Product delivery within Japan
19-1-1. Return of products shall be accepted only if it falls under the following cases.
（1）Product with defect (as for a secondhand product, it shall be a defective product only if its condition differs from the discription on product page).
（2）Delivered product was different from what was ordered.
（3）Product was damaged during its delivery.
（4）Product turned out as an imitation or pirated copy.
（5）Product that falls under none of above (1) to (4), neither none of below, and it is still within 7 days from its delivery. However products noticed as "ineligible for return" on the product page cannot be returned.
① Items used, fixed, washed, or sent to the laundry.
② Items without an order invoice.
③ Items that lost price tag and label .
④ Items returned in significantly different condition such as damaged, defaced, or lost from delivery (including box and accessories but not limited to them).
⑤ Items with odor, stain or damage caused by customer.
⑥ Items that their package were opened (For items that the package is also a part of the product).
⑦ Sanitary products such as underwear, swimwear, and cosmetics, or lucky bag or sale items, pre-order items, items you cannot return, secondhand items, items with hemming service, campagin products.
19-1-2. Member shall ask for return stated in 19-1 by following the procedures defined by ONWARD separately. Shipment cost for the case (1) to (4) in 19-1 shall be borne by ONWARD, and selling price, shipment cost, C.O.D charge, deferred payment charge at Member's purchase and point used for the payment of such product, or exchange to a substituting item. However, exchange may not be available if there was no substituting item in the inventory. Furtheremore for the case stated in 19-1 (5), shipment cost for return and bank charge for refund shall be borne by Member, ONWARD shall only refund the selling price at Member's purchase and shipment cost, C.O.D charge, and deferred payment charge shall not be refunded. ONWARD shall return the point Member used for the product purchase.
19-1-3. Upon product return, Member shall return the point given at the product purchase to ONWARD. ONWARD will deduct the equivalent point from Member's existing point as a refund.If Member's point at a timing of return confirmation and procedure by ONWARD was not sufficient to cover the point for refund, point shortage will be exchanged to cash at a rate of 1 point = 1 yen and then deducted from the amount of refund.
19-1-4. If both ONWARD and Member have the point to return to another at a product return, equivalent point shall be balanced out and remaining point shall be returned to another.
19-1-5. Product order cannot be cancelled after the delivery prepartion until product arrival unless there are reasons attributable to ONWARD. Product return after the delivery shall follow the procedures stated in 19-1.
19-2 Product delivery within China, Korea, Taiwan, Hong Kong., Singapore
19-2-1. Return of products shall be accepted only if it falls under the following cases.
19-2-2. Member shall ask for return stated in 19-2-1 by following the procedures defined by ONWARD separately. Shipment cost for return will be borne by Member. There is no designated carrier for return but please return the goods by the carrier with trucking system. However, exchange may not be available if there was no substituting item in the inventory. ONWARD shall return the point Member used for the product purchase.
19-2-3. Upon product return, Member shall return the point given at the product purchase to ONWARD. ONWARD will deduct the equivalent point from Member's existing point as a refund.If Member's point at a timing of return confirmation and procedure by ONWARD was not sufficient to cover the point for refund, point shortage will be exchanged to cash at a rate of 1 point = 1 yen and then deducted from the amount of refund.
19-2-4. If both ONWARD and Member have the point to return to another at a product return, equivalent point shall be balanced out and remaining point shall be returned to another.
19-2-5. Product order cannot be cancelled after the delivery prepartion until product arrival unless there are reasons attributable to ONWARD. Product return after the delivery shall follow the procedures stated in 19-1.
19-2-6 Regardless of the delivery method, we will cancel your order if the shipped item was returned to us for any reason. The returned item can not be retransmitted. Also, we can not return shipping cost unless we have obvious responsibility.
Article 20 Disclaimer
20-1. ONWARD shall not provide assurance for the fitness for purpose, functionality, preciseness, certainty, nowness, and integrity of Service content and the like.
20-2. ONWARD shall not accept warranty and liability for defect in quaity, material, function, performance, adaptability with other products, fitness for purpose and the like, or damages, loss, or prejudice of any kind resulting from the above regarding Service or products purchased through Service except for the cases stated in the preceding Article.
20-3. Regarding the troubles caused by unknown destination for delivery and the like, ONWARD shall be not held responsible for the liability by making contact to the address registrated by Member and delivering the product to the address designated upon product purchase.
20-4. Regarding the content of comments on product given by a third party on Website, although the comment made was a false comment, ONWARD shall accept no liability for Member's damage caused by purchasing product based on such comments, unless there was intent or culpa lata with ONWARD.
20-5. If a link from Service ro other site or resource, or a link from third parties' site or resource to Service are provided, ONWARD shall accept no liability for the content of linked site, its usage and the outcome. The range includes fitness for purpose, finctionality, preciseness, certainty, nowness, and integrity but not only limited to them. Furthermore, ONWARD can delete the linked site if ONWARD reasonably decides that if the content of the link or resource is illegal, or administratively inappropriate for Service, without any notice to Users in prior.
20-6. ONWARD shall accept no liability for any damage caused by the non-availability of Service to User.
20-7. If User caused some damage to other User or a third party by using Service, the former User shall resolve it on own responsibility and cost, and shall not give any damage, loss, prejudice and the like to ONWARD.
Article 21 Prohibitions
21-1. User shall exercise none of the action stated below. In case of damage made to ONWARD or a third party due to User's viiolation, the User shall be fully responsible for the damage.
（1）Act that causes trouble, prejudice, or damage to other Users or a third party other than User or to ONWARD, or act with potential of those stated before.
（2）Act to interrupt provision of Service or an operation of system to provide Service ("System") or Act to tarnish ONWARD‘s credibility, or act with potential of those stated before.
（3）Act of resale of Service to a third party, resale of product and the like, commercial use of Service (except for the case ONWARD has accepted in prior).
（4）Act to transfer Member's status or the right based on Member's status to a third party, or act to let others to use such right
（5）Act to abuse other Member's log-in ID or password.
（6）Act to inproperly gain point, or inproper use of point.
（7）Act to violate these Terms such as misstatement at application for Member registration.
（8）Act to pose an obstacle to the operation of ONWARD and the like due to the lack of appropriate revision or update of the information in Member registration.
（9）Usage of Service under a stranger's name or dummy name.
（10）Act that is againt public policy or violation of law, or act with potential of those stated before.
（11）Act of using the content provided by Service beyond the range of private use.
（12）Act of copy, sale, publish, distribute, or disclose the content obtained from Service through other User or a third party, or act similar to those stated before.
（13）Act to violate rights such as intellectual property right, portrait right, personal right, right to privacy, right of publicity of other User or a third party or ONWARD and the like, or act with potential of those stated before.
（14）Act of uploading the content such as computer virus, computer code, file, or program designed to interrupt, damage, or limit the function of computer software, hardware or communication device, or the content that has the potential of those stated before, to Service or System, or the act to distribute such content by e-mail and the like.
（15）Act of applying for multiple Member registration by one person, except for the case ONWARD had accepted in prior.
（16）Act that ONWARD considers as unsuitable or inappropriate.
Article 22 Intellectual Property Right
22-1. Intellectual Property Right of the content used in Service shall all belong to ONWARD and the like or a third party that granted a license to ONWARD and the like.
22-2. Regardless of the purpose, ONWARD and the like shall immediately take a legal action to the act that is prohibited by domestic or foreign Copyright law and other regulation such as unauthorized copy, anauthorized reprint, or other anauthorized secondary usage of the content of ONWARD and the like.
22-3. In case of a conflict between Member and a third party due to the violation of Article, User must be responsible to resolve the conflict at own cost, and shall not cause any damage, loss, or prejudice and the like to ONWARD and the like.
Chapter 5 Service Operation
Article 23 Suspension or Termination of Service Provision
23-1. ONWARD and the like may partially or fully suspend or terminate the provision of Service without a prior notice to User in the cases stated below.
（1）If there are unavoidable grounds for maintenance or construction such as a regular maintenance System, emergency maintenance.
（2）Operation of System fell into difficulty due to natural disaster, terrestrial disaster, fire, earthquake, flood, eruption, tsunami, lightning strike, severe snow and the like.
（3）Operation of System fell into difficulty due to social disorder such as war, civil war, act of terrorism, insurgence, riot and the like.
（4）In case of blackout, or when an appropriate service from the contracted telecom or service provider was not provided to ONWARD and the like.
（5）Operation of System fell into difficulty due to defect or failure of System, or inappropriate access from a third party, hacking, or infection with computer virus.
（6）In case of judgement, order, decision was made by legal regulation or administrative or judicial institurions and the like, or when required by such institution based on appropriate evidence.
（7）When there is an incident ONWARD and the like cannot resolve technically.
（8）When ONWARD and the like decided the suspension or termination of Service is required for unavoidable grounds.
23-2. ONWARD and the like shall accept no liability for any damage, loss, or cost of User caused by the suspension or temination of Service provision based on 23-1.
Article 24 Management of Information
24-1. ONWARD and the like shall use a part of or all of the content communicated by User related to Service on the website of ONWARD and the like or ONWARD and the like affiliated site at own discretion. Upon such usage of content, ONWARD and the like shall make no payment to the original poster.
24-2. ONWARD and the like may collect below information on User's access history for the research of User access history or usage status, for Service improvement.
（1）information of IP address that User uses to access to the server, or identification number of mobile device.
（2）User's access information obtained by cookie technology (recording and storage technology for the data such as User's last day of visit or the the number of visits to the website by temporarily writing the data to User's website through web browser),
3.User is deemed to accept in prior that the usage of Service may be limited if he/she set up the web browser to reject cookie.
Article 25 Others
25-1. Regarding the usage of Service, in case of conflict that cannot be solved by Terms or laws and regulation including civil law, ONWARD and User shall discuss about the issue in good faith to reach a reasonable solution.
25-2. Terms shall be governed by the domestic law of Japan and interpreted in accordance with Japanese law. Japanese law shall be applied to the usage of Service as well,
25-3. The Tokyo District Court shall be the exclusive court of jurisdiction in the first instance for any disputes rising out of or in connection with the usage of Service.
Supplementary Provisions： These Terms will be applied to all Users from September 9th, 2017.
Contact regarding these Terms and Service
ONWARD KASHIYAMA Co., Ltd.
OPENING CEREMONY online Customer Support