TERMS OF USE FOR US CUSTOMERS
Uniqlo Co., Ltd. ("Uniqlo"), a company ("kabushikigaisha") incorporated in Japan, with its head office at 717-1 Sayama, Yamaguchi City, Yamaguchi, 754-0894, Japan, hereby stipulates the following terms of use ("the Terms") in respect of its operation of the Uniqlo On-Line Store that Uniqlo operates; hereafter, "the Service"):
1. SCOPE OF APPLICATION AND AMENDMENT OF TERMS
1.1 The Terms shall apply to Uniqlo and Users (as defined in Clause 3), in respect of the provision and use of the Service.
1.2 Delivery of merchandise is limited to States in mainland US: Uniqlo regrets that delivery is not available to addresses in US Overseas Territories, such as, but not limited to, American Samoa, Guam, Northern Mariana Islands, Puerto Rico and the US Virgin Islands.
1.3 Uniqlo will post proposed changes to the Terms a minimum of 30 calendar days prior to the effective date of such changes. Notice of the proposed changes will be posted on the Uniqlo On-Line Store website. Continued use of the Service or other agreement to the Terms will constitute acceptance of the revised Terms.
2. USE OF THE SERVICE
Users shall use the Service in accordance with the Terms and the HELP stipulated separately by Uniqlo. [http://www.uniqlo.com/jp/global/guide/us/index.html]
3. USERS
A User means any person who browses, purchases from, or otherwise uses the Service.
4. NOTIFICATION OF AMENDMENTS
If there is any change in respect of matters that have been notified to Uniqlo regarding a User, such as the User's address, name or telephone number, the User shall notify Uniqlo by the method specified separately by Uniqlo.
5. SUSPENSION OF SERVICE TO A USER
5.1 Uniqlo may suspend the provision of the Service without prior notice to a User, if:
5.1.1 Uniqlo becomes aware that the User has previously been subject to Service suspension measures as a result of violating the Terms;
5.1.2 the User has failed to make payments for the Service fees on time or has otherwise defaulted on its obligations;
5.1.3 the User has Committed any act under Clause 6 (Prohibited Matters); or
5.1.4 the User has otherwise breached the Terms.
6. PROHIBITED MATTERS
6.1 Users are prohibited from:
6.1.1 submitting false User information;
6.1.2 hindering the operation of the Service or otherwise doing anything which may obstruct the Service;
6.1.3 using the Service through an abuse of PayPal;
6.1.4 abusing E-mail addresses and passwords (including harvesting or otherwise collecting information about other users without authorization);
6.1.5 doing any act which causes or may cause a nuisance to, be detrimental to, or damage other Users, third parties or Uniqlo;
6.1.6 doing any act which infringes or may infringe the trademark rights, copyright, privacy or any other rights of other Users, third parties or Uniqlo;
6.1.7 doing any act which contravenes or may contravene public policy or which otherwise breaches or may breach the law; or
6.1.8 doing any other acts which Uniqlo determines are inappropriate.
6.2 Violating any of the prohibited matters described in Clause 6.1 above will not only constitute a violation of etiquette but may also constitute a violation of the provisions of some or all of the Penal Code, Act on the Prohibition of Unauthorized Computer Access, Trademark Act, Copyright Act, and Civil and Commercial Codes, which may result in liability for criminal penalties or civil damages.
7. COPYRIGHT
7.1 Users may not, without obtaining the permission of the rights holder, engage in the use of any information provided through the Service where such use exceeds the scope of acts which are not subject to copyright restrictions under the Copyright Act, such as the making of copies for personal use.
7.2 In the event that any issue arises between a User and the rights holder or third parties due to a violation of the provisions of this Clause 7, the User shall be responsible for resolving such matter at its own expense and shall not cause any nuisance or damage to Uniqlo.
8. USER INFORMATION (PERSONAL INFORMATION)
8.1 In addition to this Clause 8, Users are bound by and subject to Uniqlo's "Privacy Policy" which is available at[http://www.uniqlo.com/jp/global/guide/us/privacypolicy/index.html]
8.2 Uniqlo shall not disclose or provide to third parties any User information it acquires in connection with the use of the Service without further consent, except when:
8.2.1 placing orders or designating shipment addresses;
8.2.2 settling payments;
8.2.3 making applications to return merchandise; or
8.2.4 as detailed in Clause 4 of Uniqlo's Privacy Policy entitled: "Provision of Personal Information to Third Parties".
8.3 Personal information to be obtained from Users includes:
8.3.1 User name;
8.3.2 Address/telephone number;
8.3.3 E-mail address;
8.4 Uniqlo may use User personal information when:
8.4.1 sending an E-mail to notify the completion of order placement;
8.4.2 sending an E-mail to notify the completion of return of merchandise;
8.4.3 delivering merchandise;
8.4.4 settling payment for merchandise;
8.4.5 Uniqlo On-Line Store Support Center makes various inquiries by E-mail or telephone; or
8.4.6 Uniqlo On-Line Store Support Center otherwise contacts the User due to unavoidable circumstances.
8.5 Users may request Uniqlo to renew or to cease using their personal information by contacting the relevant Uniqlo On-Line Store Support Center, as follows:
8.5.1 US Website Users:
(A) E-mail: ec-question_u@shop.uniqlo.com
(B) Service hours: 9:00 - 18:00 EST
8.6 Internet/Browser specific information:
8.6.1 Uniqlo On-Line Store currently gathers Users' IP address cookies. These are used for the purpose of internal statistical analysis and are not used for identifying individual users.
8.6.2 Uniqlo may also gather other information obtainable through standard internet techniques and use it for analytical purposes. No such information is used or obtained for the purpose of identifying individual users.
8.6.3 Users who use settings to disable receipt of cookies from Uniqlo On-Line Stores may not be able to properly receive services, including shopping services, from Uniqlo On-Line Stores.
9. PURCHASES OF MERCHANDISE
9.1 Users may use the Service to purchase merchandise.
9.2 Users wishing to purchase merchandise shall place orders to purchase such merchandise in compliance with Uniqlo's designated method ("Purchase Orders").
9.3 If the merchandise that a User wishes to purchase is out of stock, Uniqlo shall promptly notify the User of the same by E-mail or telephone.
9.4 An agreement for the sale and purchase of such merchandise shall be formed between the User and Uniqlo upon Uniqlo's transmission of an E-mail to the User confirming that Uniqlo has approved the Purchase Order.
9.5 Delivery of merchandise pursuant to the Service shall be limited to the US, as detailed in Clause 1.2
9.6 Any cancellation of Purchase Orders shall be made in compliance with the provisions set out in the HELP separately stipulated by Uniqlo.
10. TERMINATION
10.1 Uniqlo may terminate a sale and purchase agreement in any of the following circumstances:
10.1.1 if the User breaches the Terms;
10.1.2 if Uniqlo is notified of a credit default in relation to a PayPal account designated by the User;
10.1.3 if Uniqlo becomes aware of any circumstances in which it is apparent that the User's solvency is at risk;
10.1.4 if Uniqlo later determines that merchandise is out of stock and otherwise unavailable;
10.1.5 if merchandise cannot be delivered due to an unknown shipping address, prolonged absence or as a result of any events outside Uniqlo's reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(A) strikes, lock-outs or other industrial action;
(B) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(C) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(D) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(E) impossibility of the use of public or private telecommunications networks; or
(F) the acts, decrees, legislation, regulations or restrictions of any government.
10.1.6 if Uniqlo becomes aware that an order was placed based on an incorrect price displayed due to typographical, technical or supplier error, regardless of whether the order has been confirmed or payment has been received. Any payments for such cancelled sales will be promptly refunded.
10.2 Notwithstanding the provisions under Clause 10.1, in the event of a User's misconduct or inappropriate acts relating to use of the Service (as described in Clauses 6 and 7), Uniqlo may cancel or terminate the relevant sale and purchase agreement or take any other appropriate measures.
11. PAYMENT
11.1 The amount to be paid when purchasing merchandise shall be the total sum of the price for the purchase of merchandise and shipping costs and all applicable taxes and fees ("the Merchandise Purchase Price").
11.2 The Merchandise Purchase Price shall be paid using PayPal.
11.3 Any payments made using PayPal shall be in accordance with the terms agreed separately between the User and Paypal.
11.4 In the event that any dispute arises between the User and PayPal, the parties shall resolve such dispute between themselves and Uniqlo shall not bear any liability whatsoever.
12. RETURN OF MERCHANDISE
12.1 Users may not return Merchandise except where the merchandise has been damaged during delivery, is defective, where the wrong merchandise has been delivered, or where otherwise approved by Uniqlo.
12.2 Users may only return merchandise if, following the invoice, the User returns such merchandise within the period specified by Uniqlo.
12.3 Users shall return merchandise in accordance with the method set out in the HELP separately stipulated by Uniqlo.
13. INFORMATION HANDLING
13.1 Uniqlo may delete any comments or other information provided by the User via the Service at its own discretion, and without obtaining the consent of the User, in any of the following circumstances:
13.1.1 if it is considered that such information clearly infringes the copyright or any other rights of Uniqlo or third parties or damages the reputation or credibility of Uniqlo or third parties;
13.1.2 if Uniqlo has received a warning from a third party to the effect that such information infringes the copyright or any other right of such third party or that such information damages the reputation or such credibility of third party;
13.1.3 if such information violates any applicable foreign laws;
13.1.4 if Uniqlo has received an order from a governmental or public body or a public organisation to delete such information on legal grounds; or
13.1.5 if it is inappropriate for the operation of the Service.
13.2 Uniqlo may refuse, at its own discretion and without any notice, to allow a User access to all or part of the Service.
14. SUSPENSION OF THE SERVICE GENERALLY
In order to maintain the sound operational status of the Service, Uniqlo may suspend all or part of the provision of the Service without prior notice to the User if:
14.1.1 It is necessary for the regular or urgent maintenance of the System;
14.1.2 The operation of the system has become problematic due to fire, blackout or obstruction by third parties; or
14.1.3 Uniqlo has otherwise determined that the suspension of the system is necessary due to a Force Majeure Event.
15. EXCLUSION OF LIABILITY
15.1 Where Uniqlo is under an obligation to notify a User, Uniqlo will be deemed to have fulfilled its obligation if it sends such notification to the E-mail address previously registered by the User or, in respect of delivery of merchandise, if Uniqlo delivers the merchandise to the shipping address notified by the User at the time of purchase.
15.2 Irrespective of the legal basis for any claim, except as stipulated in the preceding Clauses, Uniqlo's liability in respect of direct damages will not exceed the cost of the items purchased or other fees paid, and expressly exclude all punitive, incidental, consequential, special or other damages or lost profits.
15.3 Uniqlo shall not be liable in any way for any damage incurred by the User as a result of not being able to use the Service.
15.4 Except where a User who has suffered damage is able to prove fault on the part of Uniqlo, Uniqlo shall be exempt from any liability arising from using a User's registered details to conduct administrative work.
15.5 Users who cause damage to other Users or third parties through their use of the Service be responsible for resolving the matter at their own cost and shall cause no nuisance whatsoever to Uniqlo in this regard.
15.6 Users shall bear their own expenses incurred in connection with the installation of the computer and telecommunications equipment required in order to use the Service and for any telephone tariffs, LAN usage fees or other application fees that they require in order to use the Service.
15.7 Users shall use one of the following browsers recommended by Uniqlo in order to use the Service:
15.7.1 Windows Environment:
(A) Internet Explorer 6.0 or later; or
(B) FireFox2.0 or later.
15.7.2 Macintosh Environment:
(A) Safari 3.1 or later (please note that Os X 10.3 cannot be used).
15.8 Uniqlo shall bear no liability whatsoever, and shall accept no inquiries from Users, in the event that any problem arises (for example, if the screen image is not properly displayed) as a result of a User using a browser other than one recommended by Uniqlo as per Clause 15.7 above.
15.9 DISCLAIMER OF WARRANTIES, EXPRESS AND IMPLIED
ALL GOODS AND SERVICES AVAILABLE THROUGH THE SERVICE ARE OFFERED “AS IS,” AND UNIQLO UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE GOODS OR THAT THE GOODS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THESE GOODS, EXCEPT AS OTHERWISE PROVIDED IN THE CONTRACT.
16. GOVERNING LAW AND FORUM FOR DISPUTES
16.1 The Terms shall be governed by the laws of Japan.
16.2 The Tokyo District Court shall have exclusive jurisdiction in respect of any disputes arising between Uniqlo and website Users in connection with the Service and the Terms.
17. MISCELLANEOUS
17.1 In principle, Uniqlo and Users shall use E-mail to communicate with each other.
17.2 If any issues arise in respect of the use of the Service that cannot be resolved by the Terms, Uniqlo and the User shall discuss in good faith to resolve such issues.
17.3 If it becomes necessary to initiate legal proceedings in connection with the use of the Service, the Tokyo District Court shall be the court of first instance with exclusive jurisdiction.
17.4 If an obligation to pay compensation arises due to the User's default of payment for purchase or due to any other act in breach of the Terms, Uniqlo requires that the User defend, indemnify and hold Uniqlo harmless from and against all claims, damages, costs and expenses, including attorneys' fees, arising from or related to the User's use of the Service.
