Terms & Conditions

BY USING THIS WEBSITE YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH OUR TERMS OF USE AND THIS ENTIRE PRIVACY POLICY. TOGETHER, THESE DOCUMENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES IN CONNECTION WITH THE USE OF THIS WEBSITE.

March 10, 2012
Article 1 (Applicability)
These terms of use apply to any and all matters involving the use by User(s) (as defined below in Article 4) of the services (hereinafter, the \””Services\””) on the website managed by Open Clothes Inc. (hereinafter, \””Open-Clothes\””).
Article 2 (Amendment and Consent)
Open-Clothes may amend these terms of use without the Users’ prior consent, and the Users, by continuing to use the Services, shall be regarded as having agreed to the amendment.
Open-Clothes will notify the Users of any amendment to these terms of use, at any time and in any manner Open-Clothes considers proper.
Article 3 (Use of Services)
Users agree to use the Services subject to these terms of use, and any and all other conditions set by Open-Clothes.
Users agree to take responsibility for all information they send through the Services, and agree not to cause damage or annoyance to Open-Clothes.
If Users are under fifteen (15) years old, their guardian must approve their use of the Services. Users who are under fifteen (15) years old are prohibited from purchasing products, regardless of whether their guardian approves the purchase.
Open-Clothes does not guarantee that the contents of this website will always adjust to the Users’ computer or that the website or Services will always operate properly.
Website access is at the Users’ free will and Users accept responsibility for using this website and the Services.
Article 4 (Users)
Under these terms of use, \””User(s)\”” means a person who uses the Services by either visiting this website, purchasing products though this website or otherwise. When Users use the Services, they are considered to have accepted these terms of use.
Article 5 (Registration of Users)
When Users initially use the Services and purchase products on this website, they are, in general, required to register their information.
Users agree to enter their accurate information in the registration form and send it to this website. Users are prohibited from submitting false information.
Each individual User may only register one (1) time. Open-Clothes reserves the right to not approve the Users registration if (a) the User has received a stoppage or deletion of their registration as a result of a breach of these terms of use or any other terms of use regarding Open-Clothes, (b) the contents of the User’s registration include false information, or (c) Open-Clothes otherwise considers the approval of the registration inappropriate.
If Users purchase products via their credit card, they are required to only use credit cards issued under their own name.
If any of the Users’ registered information changes, such as address/name/telephone number or any other registered information, Users must promptly report the change through measures separately specified by Open-Clothes.
Article 6 (Management of Customer ID and Password)
When Users use the Services, they are required to use the customer ID and password issued by Open-Clothes or set up independently by the Users.
Users are responsible for the safe guarding, use and management of their customer ID and password issued by Open-Clothes or set up independently by the Users
Users agree not to transfer, lend or disclose their customer ID or password to any third party, or allow any third party to use their customer ID or password.
Users are responsible for any and all loss or damage caused to the Users by a third party using their customer ID or password, and Users agree that Open-Clothes is not responsible for any loss or damage caused to the Users by a third party using the Users’ customer ID or password.
If Users discover that a third party has abused their customer ID or password, they agree to immediately report this to Open-Clothes.
Article 7 (Termination of Service and Deletion of User Registration)
In any one of the following cases, Open-Clothes may determine that providing the Services is inappropriate and may stop providing the Services or delete the User’s registration without any prior notice to the User.
It is discovered that registration of the User was previously subject to deletion due to a breach of the Terms of Use.
User falls behind in payment or otherwise defaults on payment due to Open-Clothes.
User engages in any conduct prohibited under Article 8.
User violates any of the Terms of Use.
Article 8 (Prohibited Matters)
While using the Services, Users must refrain from engaging in the following acts; if Open-Clothes determines that any User’s act falls under any of the following, it may, among other things, stop providing the Services to or doing transactions with the User, or delete the messages or any other content the User may have sent to this website.
Using the Services or any information (including product information), provided on this website, for purposes of making a profit, or non-profit purposes but with the intention to disclose them to third parties, without the prior approval of Open-Clothes.
Registering any false information in their registration.
Any act which disturbs the management of the Services or any other act which could disrupt the Services.
Abusing a credit card through use of the Services.
Abusing their customer ID or password.
Any act which violates the trademark, copyright, privacy or any other right of another User, a third party or Open-Clothes, or any act which could cause annoyance, loss or damages to another User, third party or Open-Clothes.
Any act which may constitute a libel, slander or defamation against another User, any third party or Open-Clothes
Posting false or meaningless information.
Any act that is a violation of law or is against public policy; or any act which could be a violation of law or be against public policy.
Falsifying information regarding Open-Clothes or the Services or information provided through the Services.
Sending or posting harmful computer programs, viruses, malware, spyware, or anything related to the preceding.
Any other act which Open-Clothes considers inappropriate in managing the Services.
Article 9 (Copyright)
Users must not violate the copyright, trademark or any other intellectual property rights to images or designs on this website, that are owned by Open-Clothes or any other third party.
Article 10 (Personal Information)
Open-Clothes, in general, will not use the Users’ personal information or any third party’s personal information, that Users may have registered with the Services, beyond the extent necessary to attain the purpose specified in advance when such personal information was registered. If Open-Clothes wishes to use the personal information beyond such extent, it shall obtain the prior approval of the User or third party.
Article 11 (Transfer of Rights)
Users may not transfer the right to receive or use the Services or any other right related to the Services, to any other person.
Article 12 (Purchasing Products)
Users may purchase products though the Services. When Users purchase products, they agree to follow the order procedures as specified by Open-Clothes.
Article 13 (Payment)
The amount and method of payment for using the Service is subject to the provision described in the application form for the products the User wishes to purchase as well as the Users’ guide.
If Users make payment via their credit card, they agree to follow all the conditions entered into between them and the credit card company that issued their credit card. If any dispute arises between the User and the credit card company, the User agrees that the dispute will be settled by the User and credit card company only, and agrees that Open-Clothes is not responsible for such dispute.
Article 14 (Return of Products)
In most cases, we do not accept returns. If the purchased products are defective or otherwise subject to any reason which may justify their return, Users may contact the Open-Clothes Customer Service Center (Tokyo). The Open-Clothes Customer Service Center (Tokyo) may agree to allow Users to return purchased products, provided that the Users specifically follow all the conditions set for their return, if applicable.
Article 15 (Information Management)
If necessary, Open-Clothes may delete information which Users post on the website or change the posting position of the information. Open-Clothes may delete the Users’ content if (a) the content violates these terms of use or (b) Open-Clothes determines the content may cause problems.
Article 16 (Interruption of Services)
Open-Clothes may amend, add, stop or cancel the Services without prior notice to Users and without the Users’ consent in the following cases. Open-Clothes is not responsible for any damage caused to the Users by the amendment, addition, stoppage or cancellation of the Services.
In cases where periodic or urgent maintenance on the system is necessary.
If system management becomes difficult due to accidental fire, power failure, any obstruction by a third party or anything related to the preceding.
If the Services are unavailable due to a natural disaster.
Any other situation where Open-Clothes considers the amendment, addition, stoppage or cancellation of the Services necessary.
Article 17 (Exemption Clause)
If Open-Clothes conducts administrative work in accordance with the contents of the Users’ registration, Open-Clothes is not responsible for any damage caused to the Users due to its administration.
If Open-Clothes needs to notify Users, Open-Clothes is considered to have performed and satisfied its notification duties by sending mail to the registered address or sending an e-mail to the e-mail address registered in advance by the Users. If Open-Clothes needs to send products to Users at the address they provided, Open-Clothes is considered to have performed and satisfied its relevant duties by sending the products to the address that the Users indicated when purchasing the products.
Open-Clothes is not responsible to the Users for any damage or lost earnings caused by: (a) events that are not Open-Clothes’s responsibility, (b) special circumstances with or without Open-Clothes foreseeing such a circumstance, or (c) any third party’s damage claim, unless otherwise provided for in these terms of use or Users’ guide.
If there is a dispute regarding use of the Services between Users or between a User and any third party, the dispute must be settled by the relevant parties only and must not cause any damage or annoyance to Open-Clothes.
Article 18 (Jurisdiction and Attorney Fees)
If there is a dispute between a User and Open-Clothes, the parties agree to settle the dispute in good faith. If the parties are unable to settle the dispute and it becomes necessary to file a lawsuit, the parties agree the Tokyo District Court shall have exclusive jurisdiction in the first instance.
If a User owes a debt to Open-Clothes by failing to pay the purchase price or otherwise violating these terms of use, and Open-Clothes engages an attorney in order to collect the debt, the User agrees to pay Open-Clothes for Open-Clothes’s reasonable attorney fees.
Article 19 (Governing Law)
The construction and application of these terms of use shall be governed by Japanese law.