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AMERSOPORTS JAPAN CO, LTD.
Shinjuku Eastside Square 6F, 6-27-30
Shinjuku, Shinjuku-ku, Tokyo 160-0022
ARC'TERYX kundetelefon (Japan)
Man–fre 9.30– 18.00
User Agreement for the Online Store
This user agreement (“Agreement”) is applicable to all matters arising between “Arc’teryx Official Online Store” (“Store”) managed by Amer Sports Japan, Inc. (“Company”), and users who use or view (“Users”) the “Arc’teryx Official Website” (“Website”). The User is deemed to have agreed to the terms and conditions of this Agreement.
■ Agreement Scope and Revisions
This Agreement applies to the mail-order merchandise service (“Mail-order Service”) and the information supply service provided by the Company.
The Company may (* from the specified effective date) add, delete, change or revise the contents of this Agreement without notification to the User.
By using the Store, the User is deemed to have agreed to be bound by any revisions. Please check this page regularly for the latest regulations by which the User is bound.うｎ
Other terms and conditions must be approved by Company staff.
■ Services Provided
The services provided by the Company (“Services”) are as follows:
Mail-order merchandise sales
Others, communication required for the Services and operations
■ Member Registration
You may register as a Member of this Website to receive information emails and for improved convenience of the Mail-order Service. Only the User who registered as a member by following the prescribed procedures on this Website (“Member”) may use the User ID and Password set at the time of registration for the Services provided, and may not transfer or lend the User ID or Password to a third party. Additionally, the declaration of intent to the Company through the use of the User ID and Password is regarded as the valid declaration of intent of the Member corresponding to this registration information, and responsibility for all payments and other matters arising from this shall lie with the Member.
A Member is a person who has registered as a member of the Website after agreeing with the terms and conditions of this Agreement. When registering as a Member, at no point shall false information, third-party information or non-existing information be registered. In the event of any change in the information supplied by the Member in his or her application to the Company, the Member must promptly notify the Company of any such change.
■ Management of Member Registration Information and Personal Information
Members are responsible for managing their member registration information and login information. Irrespective of negligence on the part of the Member, the Company shall not be liable for any damage to Members arising from the use by another party of their User ID or Password except in cases where this disclaimer is not allowed by law. In the event that a Member establishes that the Member’s user ID or password have been used illegally by a third party, the Member shall contact the Company immediately and follow any instructions issued by the Company. The Website deals with the personal information of Members in accordance with the “Personal Information Protection Policy” set forth separately, and in the event that a Member purchases merchandise at the Store, said Member is deemed to have agreed with the Company’s Personal Information Protection Policy.
■ Membership Cancelation
Any Member who wishes to cancel his or her membership registration shall do so by following membership cancelation procedures prescribed in the Website (“Membership Cancelation”). Following Membership Cancelation, the Services provided prior to that point become invalid. In the event that a Member proceeds with Membership Cancelation, the Member’s registration information shall be deleted; purchasing and inquiry history shall be erased; and the Member will no longer be able to use the Store. In the event that a Member reregisters following Membership Cancelation, that Member will be able to use the Store; however, the Member will not be able to use the call center based on past purchasing and inquiry history.
■ Suspension of Use of Services and Cancelation of Member Registration
When a Member makes a false declaration at the time of membership registration; when there is a failure to meet payment obligations incurred from the Mail-order Service; or when there is any other reason that the Company recognizes inappropriate action by the Member or User, the Company may revoke the credentials of said Member or User (“Cancellation of Member and User Credentials”).
In the event that a Member or User inflicts damage on the Company as a result of the actions specified below, Member and User credentials shall be canceled and the Member or User shall be liable for compensation for the damage.
Fraudulent use of User ID or Password
Delayed payment or other debt default related to the Services
Repeated return or cancelation of merchandise
Acts that infringe the intellectual property rights of the merchandise or contents provided by the Company
If a Member or User is deemed to belong to, or be associated with antisocial forces, or if the Member or User is deemed to have dealings with antisocial forces
If a Member or User accesses the Website and tampers with information or sends harmful computer programs or commits any other act that the Company determines as interfering with the Company’s business
If a Member or User commits any other act that the Company determines to be in violation of the Agreement and for which the Company determines it is appropriate to cancel the membership registration
Following Cancelation of Member and User Credentials, any Services provided prior to the cancelation shall be ineffective; Member and User registration information shall be delisted; purchasing and inquiry history shall be deleted; and the Member or User will not be able to use this Store in any way.
■ Establishment of a Sales Contract
All orders are established with the approval of the Company. The Company may cancel any orders it deems to be inappropriate even after the establishment of a sales contract.
After an order is placed, a sales contract is regarded as having been established once the order confirmation email (order details) has been sent.
After the order confirmation email has been sent, the Company shall invoice the User for the payment (“the Payment”) based on the sales contract established between the Member and the Store in accordance with the payment settlement method specified by the User in the order.
If the User is under 18 years of age, the order shall be placed by a guardian who has registered as a Member, with the consent of the User’s parent or person with parental authority.
Any order that is placed using the User ID and Password shall be regarded as a valid order by the Member who corresponds to the registered User ID and Password used, regardless of the reason.
In the event that the order placed by the Member or User is not received as a result of Internet malfunction or any other reason that cannot be attributed to the Company, the Company assumes no liability.
The following are required for the purchase of Store merchandise:
Supply of name, address, telephone number, email address, payment information and any other necessary information
Being a holder of a valid credit card and having permission to use said credit card
Careful password management
■ Cancelation of the Sales Contract
The Company may at any time after the establishment of a sales contract cancel said contract without prior notification to the User in the event of any of the following:
The merchandise could not be delivered due to an unknown addressee or long-term absence at the address
Notification from the credit card company that the credit card specified by the User is in default
Inability to deliver the merchandise due to any other circumstances
The merchandise ordered is out of stock and the scheduled arrival of the backorder is unknown
The merchandise is damaged, broken or suffers any other fault prior to shipment; no replacement merchandise is available; and the scheduled arrival of the backorder is unknown
Supply is not possible due to reasons such as discontinued production of the merchandise
The User is deemed to belong to, or be associated with antisocial forces, or the User is deemed to have dealings with antisocial forces
Notwithstanding the provisions of the previous paragraph, in the event of fraudulent or inappropriate behavior with regard to the use of the Store, the Store may revoke or cancel the sales contract or take any other appropriate measures.
In the event that the contract is canceled as stipulated in the previous paragraph, the Store may invoice the User for actual costs incurred up until the point at which the contract was canceled.
The Store cannot accept cancelation of an order after the merchandise has been consigned to the courier. For cancelation prior to the merchandise being sent to the courier, please contact the Arc’teryx Call Center.
■ Sales Price and Others
The sales price and shipping charges for each item of merchandise can be viewed on each merchandise page and payment settlement screen. Consumption tax is included in the merchandise sales price, shipping charges and other fees.
The Company may change the merchandise sales price and the merchandise shipping charges without prior notification to the User. In the event that either or both the merchandise sales price and the merchandise shipping charge is changed after the establishment of a sales contract, the User shall make the Payment as at the time the sales contract was established, and the Company shall neither invoice the User for the difference nor refund the User for the difference.
In the event that the consumption tax is changed by law, the consumption tax at the time of establishment of the sales contract shall be applicable. Please check the payment settlement screen for postage and gift-wrapping fees.
■ Merchandise Shipping
Orders and shipping destinations for merchandise are limited to within Japan. Orders are normally shipped within 1 to 2 working days in accordance with the Company’s stipulated working days. The Company maintains the right to change, discontinue the sale of the merchandise or halt production of the merchandise without prior notification to the User. In the event of an unexpected occurrence, the Company does not guarantee the sale through the Store.
Shipments may take longer than scheduled in the following events:
The User is unable to accept the shipment for his or her own reasons
The shipment is affected by shipment conditions (including mid-summer and year-end gift seasons), natural disasters, traffic conditions, weather, etc.
The number of order shipments far exceeds the Company’s initial forecasts
Additional time is required due to circumstances faced by the courier, including shipments to isolated islands
In addition, shipping schedules may change from the initial schedule for reasons such as changes to the addressee or order content.
Following the shipment of merchandise from the Company, if receipt of the merchandise is delayed or the order contains incorrect information, such as an error in the shipment destination, the order will be returned to the Company. (*) In the event that merchandise is returned to the Company for no valid reason, such as delayed receipt, the Company may invoice the User for partial costs incurred.
■ Loss Risk
The risk and ownership of the loss of all merchandise purchased at this Store shall be transferred to the User at the point at which the merchandise is sent to the courier, regardless of the payment method and shipping method selected by the User.
■ Usage Notes
Please refrain from using the merchandise supplied by this Website for any purpose other than its intended use.
In the event that information differs between the Company and another company, the applicability of the Company’s merchandise at the time of purchase shall prevail.
■ Payment Settlement
This Website accepts cash on delivery (COD), or lump-sum payments using VISA, MasterCard, JCB, Diners Club and their affiliated credit cards.
A credit card transaction is performed through AmerSports France SAS.
Only the credit card of the person placing the order can be used.
Non-settlement of the payment may occur, depending on past transaction circumstances.
If the credit card company does not give approval for the payment settlement, the sales contract will be canceled.
The Company may add or delete payment settlement methods. If the credit card company stipulated by the User advises the Company of credit default, the sales contract will be canceled. Please place a new order using a valid credit card.
In the case of COD, please pay directly to the deliverer. We accept only cash, and you cannot use a credit card. The COD service fee is user charge, and varies depending on the total amount of your order.
Please pay the COD service fee together with the payment for the purchased goods to the deliverer.
■ Exchange and Return Policy
In the unexpected event that the delivery contains “defective,” “wrong merchandise” or “wrong quantity,” please contact the Call Center.
After verifying the content, the Call Center will arrange the return and exchange of merchandise at the Company’s expense.
However, the Company cannot accept the return or exchange of merchandise after it has been used, so please check the state of the merchandise promptly after its arrival. For the exchange of merchandise that has been ordered with COD, the COD service fee for the initial delivery is user charge.
In the event that you wish to exchange the merchandise for reasons such as an initial defect, the Company can only comply if the same merchandise is in stock. If the merchandise is not in stock, please be aware that the Company will treat the matter as a case of returned goods and payment refund.
The Company will only accept the return of merchandise at the Member’s request for reasons such as a different image than indicated on the screen or wrong size, provided that the merchandise is returned to the Company with the original tags and accessories still attached. Please be aware that the User shall bear the cost of the return postage.
Merchandise will not be exchanged for the reason of the User’s convenience. In this event, please return the merchandise once, and place a repeat new order.
Regardless of the product condition, return shipping cost from abroad will be customer expense.
The period for the return of merchandise shall be within 30 days from the date of the order.
If excessive return of merchandise continues (more than 50% of each order, etc.), or the delivery of the ordered merchandise is continually refused, the Company may decline any further transactions in accordance with Company criteria.
Method of Return
After filling out the required fields in the return form that is shipped with the merchandise, please send back all merchandise and accessories, including the return merchandise, accessories, campaign goods, and the completed return form, in the box in which the merchandise was originally delivered.
The returned merchandise will be processed once receipt of all the returned merchandise has been confirmed.
In the event that any of the following apply to the returned merchandise, the Company may decline the return of the merchandise:
Merchandise that was designated as non-returnable at this Store
Merchandise that cannot be resold due to evidence of use (excluding initial defects)
Merchandise that cannot be resold due to smell of cigarettes, pet odor, dirt or others.
Damage to tags or packaging
Missing item(s) in the package
Non-conformity with the Returned Merchandise Policy
Evidence of improper handling
Merchandise not purchased at this Store
In the event that separate costs are incurred as a result of merchandise being returned in an incomplete condition, the User may be required to bear the cost.
In the event that the return of the merchandise is approved, the Company will contact you by email once the returned merchandise processing has been completed. The method of refund will be by reverse debit on your credit card. Depending on the closing date, the refund may take place in the month after your credit card has been debited.
The Company does not make refunds to bank accounts.
Refunds will be processed upon confirmation of the return of merchandise in line with the Company’s Return Policy.
■ Scope of Liability
This Agreement lists all obligations relating to the merchandise.
No other matters are guaranteed, in accordance with appropriate laws.
Please ensure your full understanding of the purpose of the merchandise on this Website before using the Website.
The Company cannot assume liability for fraud or economic deterioration.
In the event of any self negligence or in any other event, including when a third party has advised in advance of potential damage, the Company assumes no liability for the loss of data resulting from the use of the contents of this Website or the inability to use the contents of this Website, or for direct, indirect, extraordinary, incidental or consequential damage including lost profit.
In the event that maintenance, repair or modifications are required to equipment or to data as a result of the use of the contents of this Website by the User, the User shall assume full liability for those costs; furthermore, in the event of the disappearance or loss of the User’s data as a result of factors such as malfunction of communication lines, the Company assumes no liability.
Please be aware that emails sent by the User to the Company may not arrive or may be delayed due to factors such as system malfunctions. The Company assumes no liability for such non-delivery, delay or associated damage.
The copyright to the contents supplied on this Website and in catalogs (including text, graphic images, logos, photographs and videos) is owned by the Company. Except in cases stipulated in the articles of this Agreement, without the prior authorization of the Company in writing, the duplication, republication, download, display, electronic posting or forwarding of any contents in any form or by any means, including electronically, mechanically, by photocopy, by recording or by any other method, is prohibited. “Mirroring copy” of the contents of this Website to another server is not permitted without the authorization of the Company. If you use the contents of this Website without the authorization of the Company, you may be in violation of copyright laws, trademark laws, laws related to privacy and publicity, and regulations and statutes relating to communications.
■ Prohibited Matters
The User shall not carry out the acts stipulated below:
Acts that are or could be in violation of this Agreement
Acts that cause or could cause annoyance, disadvantage or damage to another User, to a third party or to the Company
Criminal acts, acts that violate public order and morals, acts that are in violation of other laws and ordinances or acts that could be any of the above
Acts that obstruct or could obstruct the management and operation of this Website
The use of the Services through the unauthorized use of the personal information of a third party or the use of false information
Acts involving the unauthorized use of member information
Acts that infringe intellectual property rights owned by the Company or by the Company’s affiliates
Any other act that the Company deems to be inappropriate
■ Logs and Cookies
When a User accesses the Website, that information is recorded as an access log. The Company uses this log, together with information about the Member and User, for the purpose of achieving the Company’s objectives to improve Services to Users and also for statistical and analytical processing with regard to determining causes and usage conditions in the event of an unexpected problem.
When a User revisits the Website, the Website sends data called cookies to identify the computer being used by the User and records that information on the hard disk to enable the User to browse the Website more conveniently. The Company uses the cookies it collects, along with information on the Member and the User, for the purpose of achieving the Company’s usage objectives. Changing the settings of the Internet browser software (browser) being used by the User makes it possible to block the receipt of cookies that are sent from this Website; however, please note that this may result in the User being unable to normally use the Services offered in this Website or in websites other than this Website.
The Company collaborates with other websites and provides behavioral targeting advertising services.
To do this, the Company uses the cookies created by collaborating websites in order to gather information history of sites the User has visited. (However, specific and identifying information of the individual Member and User is not included.) The cookies recorded in this Website are used only for the purpose of transmitting advertising and are not used for any other purpose or for the collection of personal information.
■ Communication Security
To protect personal information, the Company ensures safety by using SSL as encryption technology. However, that safety is not guaranteed by the Company and in the unexpected event of an accident such as a data leak through no negligence on the part of the Company, liability for this shall lie outside of the scope of liability of the Company and respective credit card companies.
■ Other Disclaimers
The Company may freely change, delete or add to the configuration of the Website, its contents, web pages or others, and is under no obligation to restore the website to its state prior to said changes, deletion or additions at the request of the User.
The User shall bear the entire cost relating to the preparation and installation of computer equipment and communications equipment, etc. required for the use of the Services, as well as communication fees including telephone charges, Internet access fees and line usage fees required to use these Services.
In the event that Member or User data is lost, or is indecipherable due to factors such as malfunction or problems with the computer equipment and communications equipment or failure of communication lines used by the Company to provide the Services, the Company may unconditionally and immediately cancel or rescind any sales contract without notification.
In the event that the Company bears any notification obligation to the Member or User, the Company will have fulfilled that obligation by means of notification based on information registered by the Member or User and, with regard to the delivery of merchandise, by outsourcing shipment to the delivery company at the destination address specified by the Member and User.
In the event that the Member or User causes damage or similar to a third party as the result of the use of the Services, said User shall settle the damage at his or her own liability and cost, and shall not cause any annoyance or damage to the Company.
The Company assumes no liability for any damage arising from the Member or User being unable to use the Services.
The Company assumes no liability in regard to matters such as damage, loss or disadvantage arising in regard to the use of the Services in any event, regardless of the legal cause for the claim.
The Company shall be exempt from its obligations by processing paperwork in accordance with the registered details by the Member.
In the event that the Company changes the Member’s password, the Company is exempt from its obligations by confirming the identity of said Member in accordance with the method specified by the Company.
The Company may change specifications, design or country of origin of the merchandise without prior notification.
The establishment, effect, implementation and interpretation of this Agreement shall be governed by Japanese laws.
In the event that an issue arises with respect to use of the Services that cannot be resolved by this Agreement, the matter shall be resolved in good faith upon negotiation among the Member, User and the Company.
If the need for litigation arises with respect to the Services, the Tokyo District Court or Tokyo Summary Court shall be the exclusive court of first instance depending on the sum of litigation.