Legal Terms

TERMS OF USE

These Terms Of Use ("Terms of Use") sets forth the terms and conditions for using the service provided by MCM Fashion Group Japan K.K. ("MCM") through this Site. Please read the following terms and conditions of use before using this Site, and use only if you agree to these terms and conditions.

By using the Site, you agree to the Terms of Use.

Copyrights

All rights to all information including but not limited to copyrighted materials, portraits, trademarks, marks, articles, videos, images and audio ("Contents") on the Site belong to MCM or a third party licensing MCM.

Except for services provided by the Site, it is forbidden to download, copy, amend, lease, lend, send or display Contents on Site without the consent of MCM. It is also prohibited by law to sell or distribute for profit any Contents on the Site or a copy thereof without the consent of MCM.

Links

Any link to this Site shall only be allowed with prior consent of MCM.

Trademarks

All trademarks and servicemarks on the Site are trademarks owned by MCM or an affiliate of MCM, or duly used based on license or other authorization. It is prohibited to use them without permission.

Disclaimer

Unless MCM has willful intention or gross negligence, MCM has no responsibility whatsoever of any trouble, loss or damage arising out of using information on the Site or using the Site.
Unless MCM has willful intention or gross negligence, MCM shall not have any responsibility whatsoever of any of the following, regardless of the reason, cause, nature or result of any damage;
1. Any and all damages arising out of the inaccuracy, mistake or divulgence of information provided on the Site.
2. Any and all damages arising out of access to or failure of access to the Site (including infection to viruses).
3. Any and all damages arising out of interruption or discontinuance of the operation of the Site
4. Any and all damages resulting from the alteration of information provided on the Site due to a third party intrusion.
MCM shall also not be responsible for any content on any other website linked to the Site, or for any event occuring on such linked site.

Prohibited Acts

Upon use of the Site, you must not;
1. Infringe upon property (including intellectual property rights) or privacy, etc. of a third party or MCM, or any acts that have a risk thereof;
2. Conduct any acts that prejudices or damages a third party or us, or any acts that have a risk thereof;
3. Conduct any acts contrary to the public order or morality, or any acts that have a risk thereof;
4. Conduct criminal acts or acts connecting thereto, or any acts that have a risk thereof;
5. Falsely apply or report such as registering another's email address;
6. Conduct any acts for purposes of sales activities or profit, or any acts for purposes of the preparation thereof;
7. Damage the reputation or reliability of a third party or MCM;
8. Use or provide harmful programs such as computer viruses, or any acts that threatens to;
9. Make false or unjust applications on the Site, or conduct any acts for unauthorized use of credit cards;
10.Conduct any other acts violating laws, regulations or ordinances, or any acts that have a risk thereof; or
11. Conduct other acts MCM determines inappropriate.

Changes on Services

MCM may, without prior notice, change all or a part of the information on the Site and services provided on the Site, or suspend or discontinue the operation of the Site.
The price, specification, and launch timing, etc. of all products on the Site may be changed without prior notice.

Governing Law and Jurisdiction

The use of this Site and the construction and application of these terms and conditions shall be governed by the laws of Japan.
The Tokyo District Court shall have the exclusive jurisdiction over the first instance of all disputes relating to the use of this Site, unless provided for otherwise.

Members Terms

Article 1 (Application of Terms)

Those registered as "members" ("Member(s)") on the website "MCM Japan Online Store ("Site")" operated by MCM Fashion Group Japan K.K. ("MCM") shall be able to use various services ("Service") MCM provides only to Members in accordance with the "Members Terms ("Terms")".
By signing up as a "Member" on the Site, Members are deemed to have agreed to the Terms.

Article 2 (Definition of Members)

"Member(s)" shall refer to those who agreed to the Terms, and completed their member registrations on this Site in accordance with MCM's prescribed procedures.
2. If you wish to sign up as a member, you will apply for a member registration in accordance with the procedures set forth on the Site.
3. However, in case of any of the following, MCM may cancel Member registration;
   （1）if applicant reports false facts;
   （2）if MCM determines it is otherwise inappropriate as a member
4. Members shall manage/store the email address and password set upon completion of Member registration at its own responsibility.When MCM confirms the email address and password used at the log-in matches with a specific member information by prescribed means, MCM will deem it is used by a customer identified by such member information. MCM shall not have any responsibility whatsoever for any customer damage or prejudice by misappropriation or unauthorized use of email addresses and passwords, etc.
5. Members shall promptly make changes when there is a change in name, address, phone number, email address or other information registered with MCM ("Member Provided Information"). If MCM incurs any damage due to delay in changing Member Provided Information, the Member shall compensate for such damage.The member qualifications for this Site are exclusively personal, and MCM shall deem there was an application for deleting member qualification upon knowing the decease of a Member, and delete member qualification for such Member.

Article 3 (Compliance of Terms)

Members shall consent to and comply with the Terms and various terms with respect to the Service including the Privacy Policy ("Relevant Terms") upon use of the Service, and use the Site in accordance with the Terms and Relevant Terms.

Article 4 (Content, Various Terms, Provision Period, Etc. of Service)

1. MCM shall provide the Service to Members for free of charge.
2. The Service shall be provided 24 hours a day, 365 days a year (366 days for leap years) in principle.
3. MCM shall specify the Terms, the contents of the Service and details of Relevant Terms on the page that announces the Service on the Site.

Article 5 (Change/Suspension of Service)

If MCM deems necessary, MCM shall be able to change, suspend or discontinue the Service anytime without notifying Members, and shall not be responsible whatsoever of any damage, etc. caused to Members due to such change, suspension or discontinuation.
This shall also apply to any damages, etc. caused to such Members in cases where MCM suspends use of a Member in accordance with the Terms or Relevant Terms.

Article 6 (Use of Service)

1. The Service shall be provided to access from and use within Japan, and other various conditions shall be as specified separately by MCM.
2. If a Member causes trouble or damage to MCM or other Members in relation to the use of the Site, or in case of disputes with other Members or a third party, such Member shall settle such issue/damage/dispute at its own cost and responsibility, or if any damage is caused to MCM in relation to such dispute, the Member shall compensate for such damage.

Article 7 (No Assignment of Rights)

Members shall not assign its rights to use the Service to a third party.

Article 8 (Deletion and Loss of Member Provided Information)

1. If Member Provided Information falls under any of the following, at the discretiony MCM, MCM shall have the right to delete such information without notifying the Member, and in such case, MCM shall not have the obligation to disclose the reason for deletion. If MCM incurs any damage due to such deletion, the Member shall compensate for such damage.
2. If Member Provided Information falls under any of the Prohibited Acts set forth in Article 10.
3. If direct mails sent based on Member Provided Information cannot be distributed/sent due to failed delivery
4. Other cases MCM determines unnecessary
5. MCM will take necessary and appropriate safety measures for Member Provided Information, but shall not be responsible for any loss due to force majeure or other causes not attributable to MCM.

Article 9 (Copyrights, Etc.)

Copyrights to Contents on the Site such as texts and images including information, photos, illustrations belong to MCM and third parties licensing MCM.
Without obtaining prior consent of copyright owner, it is prohibited to copy, alter, redistribute, republish, download, display, post or forward all or a part of such content in any format or by any means.

Article 10 (Prohibited Acts)

Upon use of the Service, Members shall not;
1. Use information or copyrighted materials provided in the Service for purposes other than personal use, or reoffer to the public whether inside or outside the network, and otherwise infringe copyrights of a third party;
2. Slander or denigrate MCM or a third party, or defame a third party;
3. Infringe properties (including intellectual properties) or privacy of MCM or a third party, or any acts that have a risk thereof;
4. Send or write harmful computer programs, etc.;
5. Conduct acts violating laws;
6. Conduct election campaigns or similar acts;
7. Publish information, documents, drawings, etc. contrary to the public order or morality using the Service;
8. For any communication via other domestic and overseas networks, conduct any acts violating the rules of such domestic or overseas network
9. Use the Service for commercial purposes;
10. Conduct other acts hindering the provision of Services, and acts MCM determines inappropriate.

Article 11 (Purchase of Products)

1. Members may purchase products using the Service. 
2. If wishing to purchase products, Members shall order products in accordance with the method designated by MCM. Upon order from a Member, MCM will send a "Order Received email" describing the details of the order. The transmission of this "Order Received email" shall constitute an offer made by such Member to purchase a product.
3. The transmission of "Product Shipping email" sent from MCM after the transmission of "Order Received email" shall constitute the conclusion of a sales and purchase agreement with respect to such products between Member and MCM. However, if Member purchases multiple products in single order, and if there are any products not described in the "Product Shipped email", the sales and purchase agreement for such product shall be concluded upon transmission of "Order Shipped email" with respect to such product.
4. The "Price" on the Site indicates the sales price of a product on the Site. Utmost efforts are made to display accurate product information on the Site. If an incorrect price of a product or information related to price is displayed on the Site, the price will be adjusted as follows;
  （1）If the correct product price is lower than the price displayed on the Site, such lower price will be invoiced.
  （2）If the correct product price is higher than the price displayed on the Site, upon MCM's discretion, the customer will be contacted before shipment to request for instructions on product shipment after confirmation of the price, or cancel your order and inform you to that effect. 
5. Products under this Service will only ship within Japan.
6. If the product is returned because it cannot be delivered (regardless of reason, such as long-term absence or declination of receipt), the product will not be re-delivered. In this case, MCM will refund to the customer the sales price of the product (deducting expenses such as handling fees for delivery).
7. Cancellation of offer set forth in Paragraph 2 shall be made as set forth in the Relevant Terms.

Article 12 (Payment)

1. Payment methods for usage fee of this Site shall be credit cards (Visa, Master, JCB, Diners, American Express), Amazon Pay or Payment on Delivery.
2. If any dispute arises involving fees or other liabilities between credit card companies, collection agencies, etc. for the payment in relation to this Site, Member shall settle matters between such parties.

Article 13 (Return or Exchange of Product)

1. If you wish to return products, please contact our customers service within 14 days of product arrival, and return the product with required documents enclosed. Returns cannot be accepted without prior contact. Request for return in accordance with this Article can be accepted for products with no defect; provided, however, that shipment fee, etc. for return of products with no defect will be borne by you as set forth in Paragraph 4. 
2. Only MCM Japan Online Store accept returns of products. Please note that we do not accept returns of products purchased in street-level stores or department stores.
3. Please use parcel delivery (Yu-Pack, Yamato, Sagawa Express, etc.) for returns. Mail Service, Mail Expresses, Expacks etc. does not offer confirmation of receipt, therefore refund cannot be guaranteed. 
4. If the return is due to personal reasons, the shipment fee for delivery is not subject to refund. Please note that shipment fee for return will also be borne by you.
5. Any of the following returns will be unacceptable;
   （1） If the product is returned without prior contact within 14 days after product arrival
   （2）10 days after contacting customer service for return request, return package still has not arrived at MCM.
   （3） If the tag attached to the product is removed or lost (with exceptions)
   （4） If there are traces of usage (wrinkles or creases, scratches, odorization, etc.)
   （5） If the product is returned with scent of tabacco or fragrance etc. 
   （6） If a part or an accessory of the product is missing
   （7） If the required documents are not enclosed
   （8） If cover letter, etc. is pasted directly on the fancy box for return of product
   （9） If you cause scratches or stains on the products or fancy boxes
   （10） If wrappers such as fancy boxes, fabric pouches or shopping bags are missing
   （11） If the attached packagings are opened
   （12） If the product you wish to return is not eligible for return 
   （13） Products purchased as gifts
   （14） Products purchased from stores other than MCM Japan Online Store (Please contact the store in which you purchased such product).
   （15）Products purchased at a sale                                                                                                                                                                                                                  

※ We do not accept exchange for products purchased online. After the return procedure, please purchase your desired item again.
6. If the customer repeatedly returns the products, future orders from such customer may be unacceptable.

Article 14 (Disclaimer for Product)

1. The product images on the Site may differ from the actual product in color and size, etc., depending on screen settings or photographing techniques.
2. Unless otherwise provided for, MCM shall not guarantee or be responsible for quality, function, fitness with other products or other defect of products for sale in the Service, and any damage, loss or disadvantage arising out of any of those.

Article 15 (Termination of Sales and Purchase Agreement)

MCM may terminate the sales and purchase agreement for any of the following reasons even after transmitting "Product Shipping email";
1. If it is confirmed that Member's personal information contains false facts;
2. If an order includes a product which next availability is unclear for a long term, or a discontinued product;
3. If an order includes limited products, etc. exceeding quantity limitation (available quantity);
4. If the price indicated on the Site is obviously incorrect compared to market prices;
5. If for payment by credit cards, the credit card company rejects transactions with MCM;
6. Other cases, especially when the Site acknowledges the necessity of cancelling an order.

Article 16 (Discontinuance/Suspension of Service)

In any of the following cases, MCM shall have the right to discontinue all or a part of the offerings of the Site without prior notice to Members;
1. If MCM implements a regular or emergency maintenance of the Site, or for unavoidable cases due to construction;
2. If a Type I telecommunications carrier discontinues telecommunication services;
3. If the provision of services becomes difficult due to force majeure such as acts of God, power cuts, war, or interference from a third party;
4. Otherwise, if MCM determines a temporary suspension of the Site is necessary for operational or technical reason.

Article 17 (Other Disclaimers)

MCM shall not be responsible whatsoever of the integrity, accuracy, affirmation, usability etc. of the contents of the Service and information etc. Members obtain through the Site.

Article 18 (Indemnification)

Any dispute arising from or relating to Member's use of Service, Member's violation of the Terms and acts in violation of Relevant Terms, or Member's infringement of third party rights shall all be settled at the cost and responsibility of Member.
If MCM incurs any cost or pays compensation, etc. in relation to such dispute, such cost or compensation,etc. shall be borne by Member.

Article 19 (Change in Terms or Relevant Terms)

MCM shall have the right to change the contents of the Terms or Relevant Terms when MCM deems necessary.
In such case, the changes will be publicized on the website beforehand, and any use of Service by a Member after the date of revision with respect to such change shall be deemed to be the Member's agreement to the change.

Article 20 (Procedures to Cancel Membership)

Members shall be entitled to cancel membership anytime in accordance with the procedures set forth by MCM.
A Member shall lose its membership qualification when MCM receives membership cancellation request from the Member.

Article 21 (Governing Law/Jurisdiction)

These Terms shall be governed by the laws of Japan. If any litigation becomes necessary in relation to the Service, the Tokyo District Court shall have the exclusive jurisdiction over the first instance.

Article 22 (Contact)

All questions with respect to registration, requests and comments for the Site shall all be addressed to the contact below, and will not be handled in actual stores.

MCM Japan Online Store Customer Service
Email：[email protected]
Your inquiry will normally be responded within 24 hours (excluding Saturday, Sundays and public holidays)
Thank you for your attention.