Terms & Conditions
EVISU JAPAN Co., Ltd. (hereinafter referred to as “the Company”) hereby sets forth the following Terms of Use (hereinafter referred to as “these Terms”) for the various services (hereinafter referred to as “the Services”) provided on the Company’s online website (hereinafter referred to as “the Site”).
Article 1 (Scope and Amendment of These Terms)
- These Terms set forth the conditions for using the Services and define the rights and obligations between the Company and users of the Services (hereinafter referred to as the “User”).
- These Terms shall apply to all matters related to the use of the Services between the Company and the User. Therefore, if the User does not agree to the content of these Terms, the User may not use the Services.
- The Company may amend these Terms if it deems it necessary to do so.
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The Company may amend these Terms without obtaining the prior consent of the User if any of the following conditions are met:
- (1) The amendment is in the general interest of the User; or
- (2) The amendment is reasonable in light of the necessity of the change, the appropriateness of the content after the change, and other relevant circumstances.
- If the User uses the Services after the amended Terms have come into effect, the User shall be deemed to have agreed to all provisions of the amended Terms.
Article 2 (Members)
In these Terms, “Member” refers to an individual who meets all of the following conditions:
- (1) Has a residential address or domicile within Japan;
- (2) Has fully agreed to the contents of these Terms and has applied for membership registration in accordance with the procedures prescribed by the Company, and whose application has been approved by the Company;
- (3) If the individual is a minor, has obtained the consent of a parent or legal guardian
Article 3 (Membership Registration)
- Some services and features of the Site are available only to registered Members. Any individual who wishes to register as a Member (hereinafter referred to as the “Applicant”) shall apply for membership registration through the website designated by the Company, in accordance with the procedures specified separately by the Company. The Applicant shall enter and set information such as email address, login ID, password, full name, gender, date of birth, address, and telephone number.
- When applying for membership registration, the Applicant shall enter accurate and truthful information pertaining to themselves.
- Upon approval of the application under the preceding paragraphs, the Company shall send a registration confirmation email to the Applicant. The Applicant shall be deemed registered as a Member at the time such email is sent.
Article 4 (Changes to Registered Information)
- If there is any change to all or part of the information registered with the Company, the Member shall promptly notify the Company of such change by sending an email to the following address: cs@evisu.com.
- Even if, due to the Member’s failure to notify the Company of such changes, the Member receives postal items, emails, products, cash, or any other items from the Company late or fails to receive them at all, such items shall be deemed to have been received at the time they would normally have been received.
- The Company shall not be liable for any damages incurred by the Member as a result of the Member’s failure to notify the Company of such changes as set forth in paragraph 1.
Article 5 (Withdrawal Procedure)
- A Member may withdraw from membership at any time by completing the designated procedure through their My Page or other means provided by the Company. The Member shall lose their membership status at the time the Company completes the withdrawal procedure based on the Member’s request. Upon loss of membership, any benefits or privileges held by the Member at the time of withdrawal shall automatically become invalid.
- Even if a Member withdraws in accordance with the preceding paragraph, any obligations already incurred by the Member as of the time of withdrawal shall remain in effect and these Terms shall continue to apply.
Article 6 (Management of Login ID and Password)
- Each Member shall have only one login ID. The Member shall use their own email address as their login ID.
- The Member shall be solely responsible for strictly managing and safeguarding the login ID and password set by the Member at the time of registration.
- The Member shall not transfer, sell, inherit, lend, pledge, disclose, or leak their login ID or password to any third party, nor shall they share them with others. Accordingly, if login information transmitted in connection with access to the Site matches the login information registered with the Company at the time of membership registration or upon subsequent modification, such access shall be deemed to have been made by the Member.
- If the Member discovers that their login ID or password has been stolen or used fraudulently by a third party, the Member shall immediately notify the Company and follow any instructions provided by the Company.
- The Member shall be solely responsible for any damage arising from inadequate management, improper use, or errors in the use of their login ID or password, or from use by third parties (including but not limited to family members or employees). The Company shall bear no liability for such damages.
- If the Member forgets their login ID or password, they shall notify the Company and follow the Company’s instructions. Any use of the Services made using the login ID and corresponding password shall be deemed to have been made by the Member.
Article 7 (Suspension of Service Use and Cancellation of Membership)
- The Company may, without prior notice, suspend the use of the Services, cancel the membership, or take any other measures it reasonably deems necessary against a Member if the Member falls under any of the following circumstances:
- (1) The Member engages in any conduct prohibited by the Company;
- (2) Any false information is found in the Member’s declarations or notifications to the Company;
- (3) The Member delays or fails to fulfill obligations owed to the Company;
- (4) It is discovered that the Member was previously subjected to service suspension or membership cancellation due to a violation of these Terms or other reasons;
- (5) The Member interferes with the operation of the Services by any means;
- (6) The Member violates any laws or these Terms;
- (7) The registered mobile phone number or email address becomes unreachable;
- (8) The Member becomes insolvent, unable to pay, or suspends payment;
- (9) A petition is filed against the Member for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or any other applicable insolvency proceedings, or the Member is dissolved or ceases operations;
- (10) The Member causes undue trouble to other Members or third parties;
- (11) The Member’s registered financial institution account is found to be illegal, inappropriate, or problematic as pointed out by the financial institution or otherwise;
- (12) The Company receives a request from a payment service provider or payment collection agent to suspend the Member’s use of the Services, or the Member becomes ineligible to use such services;
- (13) The Member, directly or through a third party, engages in violent demands, unreasonable demands exceeding legal responsibility, threatening behavior, use of violence, spreading of rumors, use of deception or force to damage the Company’s reputation or interfere with its business;
- (14) Any other circumstances under which the Company deems the Member to be inappropriate.
- A Member whose use of the Services has been suspended or whose membership has been cancelled pursuant to the preceding paragraph shall pay in full any outstanding obligations owed to the Company by the date designated by the Company.
- The Company will not accept any inquiries or complaints regarding the measures set forth in this Article. Additionally, if the Member has any rights related to the Services at the time such measures are taken, the Company may deem the Member to have waived such rights. The Company shall bear no liability for any damages arising from such measures.
- Even if the Member’s use of the Services is suspended or their membership is cancelled pursuant to paragraph 1, any obligations already incurred by the Member at that time shall remain in full force, and these Terms shall continue to apply to such obligations.
Article 8 (Purchase of Products)
- If a User wishes to purchase products through the Services, the User shall apply for the purchase in accordance with the procedures separately designated by the Company.
- Upon applying for a purchase as set forth in the preceding paragraph, the User shall review the entered information and order details, then click the purchase confirmation button on the Site. Afterward, a confirmation email will be sent by the Company, followed by a second email indicating that the order has been shipped along with a unique tracking number. At the time the second email is received by the User, a sales contract for the relevant product shall be deemed to have been concluded between the User and the Company. The Company reserves the right to accept or reject any purchase application at its sole discretion. Even if the Company does not accept the User’s application, the User shall not object to such decision, and the Company shall bear no liability even if any damage is incurred by the User as a result.
- Notwithstanding the preceding paragraph, if the User engages in any fraudulent or inappropriate conduct, or violates these Terms (including minor violations), the Company may cancel or terminate the sales contract, claim damages, or take any other necessary measures it deems appropriate. Except in cases of willful misconduct or gross negligence by the Company, the Company shall not be liable for any damages or losses incurred by the User as a result of such measures.
- Users may purchase only those products that are marked as “in stock.” However, since the products offered through the Services are also sold in the Company’s physical retail stores, the User acknowledges that even if a product is ordered through the Site, it may become out of stock due to a simultaneous purchase by a third party at a retail store. In such cases, the Company may cancel the User’s order and shall bear no liability for any damages arising from or related to such cancellation.
- The Company reserves the right to limit the quantity of products shipped to a User. If the Company determines that the quantity ordered is excessive, it may decline the purchase application or ship the order in multiple shipments. The User shall not object to such decisions and shall accept that the Company is not liable for any resulting damages. In the case of multiple shipments, the User shall bear the shipping cost for each individual delivery.
- Product prices shall be determined at the sole discretion of the Company. The Company reserves the right to change the prices displayed on the Site (prices shown in Japanese yen and inclusive of tax) at any time without prior notice. The price displayed at the time the User clicks the purchase confirmation button shall be the purchase price. Any special offers designated as limited-time shall only apply during the specified period.
- The Company makes every effort to ensure the accuracy of the information on its website; however, errors in product pricing may occur. If a pricing error is found in a User’s order, the Company will contact the User as soon as possible. The Company have no obligation to accept or fulfill orders placed for products advertised at incorrect prices and reserves the right to cancel such orders, including those already accepted or in transit. If the User has already paid for the product, the Company will promptly issue a full refund. If the product is recalled during transit, the refund will be processed after the product is returned to the Company.
- The Services (including the delivery destination and User’s residence) are available only within Japan. The Company will reject any purchase application that specifies a delivery address outside of Japan or is submitted by a User residing outside Japan, and the User shall not raise any objections. Furthermore, the Company does not accept delivery addresses that are P.O. boxes, military bases, or consolidated shipping warehouses, and will reject any such orders without liability.
- Delivery of purchased products shall be in accordance with the Company’s Shipping Policy.
Article 9 (Payment Method)
- The product price shall be the total of the product's base price plus the applicable consumption tax.
- Payment for products shall be made by a credit card under the User’s name or by another payment method separately approved by the Company.
- When paying by credit card, the User shall comply with the terms and conditions separately agreed upon between the User and the credit card company. If the User selects a currency other than Japanese yen for the credit card payment, the price of the product shall be converted using the exchange rate specified by the credit card company. In the event of any dispute between the User and the credit card company in connection with the use of the credit card, the User shall resolve such dispute at their own responsibility.
- The Company shall not be liable for any failure of payment due to invalid or inaccurate payment information provided by the User. Furthermore, if such failure causes any damage to the Company, the User shall compensate the Company for such damage.
- In order to ensure secure online shopping, the Company uses Secure Socket Layer (SSL) technology and exercises reasonable care to protect the personal information of Users. However, except in cases of the Company’s negligence, the Company shall not be liable for any damage incurred by the User or any third party due to unauthorized access by a third party to the data provided by the User.
Article 10 (Transfer of Ownership)
Ownership of and risk related to the product shall transfer to the User at the time the product is handed over to the delivery carrier by the Company or by a third party affiliated with the Company.
Article 11 (Returns, Exchanges, and Refunds of Products)
- Returns of products purchased through the online store will be accepted by our Customer Service Center only if the products are unused and unworn, and the return request is made within 14 days of receipt. To initiate a return, the User must contact Customer Service (cs@evisu.com) within 14 days of receiving the product and return the item with a Return Merchandise Authorization (RMA) number.
- The following items are non-returnable and non-refundable unless they are defective or incorrect items were delivered:
- (1) Sale items
- (2) Items that are damaged, stained, or otherwise soiled (including those with pet hair, dust, etc.)
- (3) Altered or hemmed items (including custom-ordered products)
- (4) Items missing accessories or with damaged/soiled accessories. Accessories vary by product but typically include:
- (i) Price and product tags (not detached),
- (ii) Packaging,
- (iii) Spare buttons,
- (iv) Presentation boxes,
- (v) Storage bags, and
- (vi) Novelties
- (5) Used items
- (6) Socks, underwear, and masks
- (7) BESPOKE items, crossover items, lighters, figurines, and skateboards
- Return shipping fees for returns under this Article shall be borne by the User.
- For returns or refunds, after contacting Customer Service, the User shall fill out the return request form enclosed with the product and return the product together with all original accessories to the following address:
Address: 3F, VORT Ebisu V, 3-17-15 Higashi, Shibuya-ku, Tokyo 150-0011, Japan - For products paid by credit card via the online store, refunds will, in principle, be issued to the same credit card. If refunding to the original credit card is not possible for any reason, the Company will refund via an alternative method at its discretion.
- For purchases made via cash on delivery (COD), refunds will be made to a bank account specified by the User. If all items from the COD purchase are returned, the full COD handling fee will also be refunded. However, if only part of the order is returned, the handling fee will not be refunded and shall be borne by the User.
- In addition to the provisions above, the details regarding returns, exchanges, and refunds shall be governed by the Company's Return Policy.
Article 12 (Handling of Defective Products, etc.)
- If a product is found to be defective, it will be exchanged for a replacement. However, if a replacement is not available in stock, the Company will refund the full amount of the product, including consumption tax and shipping fees.
- For returns made under this Article, the return shipping cost shall be borne by the Company.
- Paragraphs 4 through 7 of the preceding Article shall also apply to exchanges and returns under this Article.
- In addition to the preceding paragraphs, exchanges of products shall be handled in accordance with the provisions of the Company’s Return Policy.
Article 13 (Disclaimer Regarding Products)
- Except in cases of willful misconduct or gross negligence by the Company, the Company’s responsibility for any defects in the products sold through the Services—including but not limited to quality, materials, functionality, performance, compatibility with other products—shall be limited to what is set forth in the preceding Article.
- Except in cases of willful misconduct or gross negligence by the Company, the Company makes no warranties and assumes no liability with respect to any photographs or comments regarding products posted by Users or third parties on the Services, or comments posted by users of Twitter or other social networking services (SNS), including but not limited to legality, validity, accuracy, reliability, safety, timeliness, or completeness.
- Except in cases of willful misconduct or gross negligence by the Company, the Company shall be released from its obligations by contacting the User via the contact information provided by the User, and by delivering the product to the delivery address specified at the time of purchase.
Article 14 (Changes, Additions, and Discontinuation of the Services)
The Company may change, add to, or discontinue all or part of the Services without prior notice to the User, and the User shall be deemed to have agreed to such changes in advance. In the case of discontinuation, the Company will make reasonable efforts to notify Users in advance by a method it deems appropriate, to the extent reasonably practicable.
Article 15 (Suspension or Termination of the Services)
- The Company may temporarily suspend all or part of the Services without prior notice to the User in any of the following cases. The Company shall not be liable for any damages incurred by the User as a result of such suspension. If any of the following circumstances are reasonably foreseeable, the Company will make efforts to notify the User in advance through a method it deems appropriate.
- (1) If the Services cannot be provided due to failure, malfunction, or other issues involving servers, communication lines, or other equipment;
- (2) If regular or emergency maintenance, inspection, repair, or modification of the system (including servers, communication lines, power supply, and the buildings housing them) is conducted;
- (3) If the Services cannot be provided due to fire, power outage, or similar incidents;
- (4) If a natural disaster, incident, or other state of emergency occurs or is likely to occur;
- (5) If the Services cannot be provided due to war, upheaval, riots, civil disturbances, labor disputes, or other force majeure events;
- (6) If any system failure occurs affecting the Services;
- (7) If the provision of the Services becomes impossible due to laws or regulations or actions based thereon;
- (8) If the Company otherwise determines, for operational or technical reasons, that temporary suspension of the Services is necessary.
- The Company may, at its sole discretion, suspend, terminate, or modify all or part of the Services at any time without prior notice to the User.
- The Company shall not be liable to the User or any third party for any damage resulting from the actions described in the preceding paragraph.
Article 16 (Protection of Personal Information)
- The Company shall appropriately protect Users’ personal information and comply with its Privacy Policy as separately posted on the Company’s website. Users must review and agree to the contents of the Privacy Policy before using the Services.
- The User agrees that the Company may collect, use, store, and transmit information identifying the User’s device, operating system, application software, and peripheral hardware, as well as statistical data relating to the use of the Services, for the purpose of improving product support and other services provided to the User. Such data shall also be handled in accordance with the Company’s Privacy Policy.
- Users may only use personal information obtained through the individual Services within the scope necessary for the use of those specific Services, and may not use it for any other purpose.
- If the Company determines it is necessary for the protection of its rights and property, the protection of life, body, or property of others from criminal acts, or the sound upbringing and protection of children, the Company may disclose or provide personal information—including login information, device information, and service usage information—to courts, prosecutors, police, local governments, or other agencies with legal authority, without the User’s prior consent.
- By using the Services, the User acknowledges and agrees in advance that the Company may entrust or provide personal information to third parties without the User’s prior consent in the following cases:
- (1) When the Company publishes content, usage history, and profile information within the Services during a designated period;
- (2) When necessary for collecting payment for products;
- (3) When personal information is transferred to a successor entity as a result of a merger or other form of business succession;
- (4) When disclosure is deemed necessary by the Company to resolve disputes between Users or with third parties;
- (5) In other cases specified in the Privacy Policy.
- The Company shall not be liable for any damages incurred by the User resulting from the entrustment or provision of personal information to third parties as described in the preceding two paragraphs.
- Users may request disclosure, correction, or suspension of use of their personal information entered in the Services, in accordance with the Act on the Protection of Personal Information. The Company will respond to such requests only if they are made by the individual concerned through the method specified by the Company, and if the request is determined to have a legitimate basis.
Article 17 (Disclaimer)
- The Company makes no warranties regarding the completeness, accuracy, reliability, or usefulness of the content of the Services or any information obtained by the User through the Services.
- Except as expressly provided in these Terms, the Company shall not be liable for any damages arising from causes not attributable to the Company, or for any damages arising from special circumstances (whether or not foreseeable by the Company), including but not limited to lost profits or damages claimed by third parties.
- The Company makes no express or implied warranties that the Services are free from factual or legal defects (including but not limited to defects related to safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, communication errors, service outages, errors or bugs, viruses or other harmful components, infringement of rights, or loss of User-generated data). Any advice, whether oral or written, provided by the Company or its employees, shall not be deemed to constitute any warranty. The Company shall have no obligation to eliminate such defects.
- The Company shall not be liable for any damages resulting from the use of URLs or links to external websites posted by Users, including damages arising from the content or use of such linked sites.
- In the event that the Company is liable to the User for damages due to default or tort caused by ordinary negligence (excluding gross negligence), the Company’s liability shall be limited to the actual, direct, and ordinary damages incurred by the User, and in any case, shall not exceed the total amount of usage fees received by the Company from the User in the month in which the damages occurred.
- The User shall use the Services at their own responsibility and shall be solely liable for all actions taken and their consequences within the Services. The User must independently assess and determine the accuracy, credibility, and usefulness of information posted or transmitted by other Users, the existence, quality, legality, and safety of listed products, and whether the counterparty User genuinely intends to conduct the transaction or has the ability and financial resources to properly perform the transaction.
Article 18 (Intellectual Property Rights)
- All copyrights and other intellectual property rights in the content provided through the Services shall exclusively belong to the Company and/or the content providers.
- Regardless of purpose, any unauthorized reproduction, reprinting, secondary use, or any other use of the content by the User without permission, as well as any conduct prohibited under applicable domestic or international copyright laws or other regulations, shall be grounds for the Company to take immediate legal action.
- If any dispute arises between the User and a third party due to a violation of this Article, the User shall resolve such dispute at their own responsibility and expense and shall not cause any damage or loss to the Company. If the Company incurs any damage or loss, the User shall fully compensate the Company for such damage or loss.
Article 19 (Exclusion of Antisocial Forces)
- The User hereby represents and warrants to the Company that:
- (1) The User is not an organized crime group, a company affiliated with such a group, a corporate extortionist (sōkaiya), or any other similar group or individual, nor a member thereof (collectively, "Antisocial Forces");
- (2) The User will not allow Antisocial Forces to use their name or use the Services for the benefit of any Antisocial Forces;
- (3) The User will not engage in any threatening behavior, acts of violence, or acts that obstruct the Company’s business or damage its reputation by fraud or force, whether directly or through a third party.
- If the User breaches any of the representations or warranties in the preceding paragraph, the Company may, without any prior notice or demand, cancel the User’s membership registration, terminate the agreement, or take any other measures stipulated in these Terms. The Company shall bear no liability for any damages arising from such actions. The User shall be liable for any damages incurred by the Company because of such violation.
Article 20 (Severability)
Even if any provision of these Terms, in whole or in part, is held to be invalid or unlawful, such invalidity or unlawfulness shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms.
Article 21 (Prohibition of Assignment)
The User may not assign, transfer, pledge, or otherwise dispose of their contractual status or any rights or obligations under these Terms to any third party without the prior written consent of the Company.
Article 22 (Governing Law)
These Terms shall be governed by the laws of Japan.
Article 23 (Jurisdiction)
If any dispute arises between the User and the Company in connection with or arising from these Terms or the Services, and such dispute cannot be resolved through consultation, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
Article 24 (Matters for Consultation)
If any issues arise between the User and the Company in relation to the Services, both parties shall engage in good faith discussions to resolve the matter. In addition, the User agrees to comply with any detailed rules or provisions separately established by the Company regarding matters not stipulated in these Terms.