General Terms and Conditions of Sale

General Terms and Conditions of Sale

September 15th, 2022

ARTICLE 1: SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reserve, to all sales made by MAISON KITSUNÉ Japan Co., Ltd., whose registered office is located at 3-6-2 Jingumae, Shibuya-ku, Tokyo (Japan) (hereinafter referred to as “KITSUNÉ”), to any natural or legal person wishing to acquire the products offered for sale by KITSUNÉ on its online store: https://maisonkitsune.com/jp (hereinafter referred to as the “Customer”).
These General Terms and Conditions of Sale are intended to define the contractual relationship between KITSUNÉ and the Customer, as well as the conditions which apply to any purchase made through the KITSUNÉ commercial website.
The Customer agrees to be bound by these General Terms and Conditions of Sale in order to use the online store. By checking the box provided for this purpose, the Customer declares to have read and accepted these General Terms and Conditions of Sale as well as the Privacy Policy before starting the online ordering procedure on the website https://maisonkitsune.com/jp. Placing an order for a Product in the online shop on the website implies that you have read and accepted these terms and conditions of sale without restriction or reservation.
The Customer acknowledges having the necessary capability to contract and acquire the Products offered on the https://maisonkitsune.com/jp website.
KITSUNÉ reserves the right to modify these general terms and conditions of sale from time to time to reflect changes in legislation and regulations. These modifications and the effective date will be communicated to the Customer via our website within a reasonable period of time before such modifications become effective. The version that applies to the Customer’s purchase is the current version on the website on the date the order is placed.
Unless there is proof to the contrary, the data recorded in KITSUNÉ’s computer system shall constitute proof of all transactions entered into with the Customer.

ARTICLE 2: PRE-CONTRACTUAL INFORMATION
When the Customer places an order on the https://maisonkitsune.com/jp website, this shall imply full adherence to and acceptance of these General Terms and Conditions of Sale, the Privacy Policy and the obligation to pay for the ordered products, which is expressly acknowledged by the Customer, who waives the use of any contradictory document, which would be unenforceable against KITSUNÉ.

ARTICLE 3: ORDERS
3.1 Information about ordering
The contractual information is provided and is confirmed at the latest when the Customer validates the order.
Because inventories are limited, if the inventory has been sold out, this will be announced at the time of placing the order. The Customer will also be notified if a product is out of stock during or after an order is placed.
Products are offered within the limits of available inventory, as specified at the time of placing the order. However, if there is an error concerning the availability of the item and KITSUNÉ cannot provide the Customer with the ordered number, KITSUNÉ shall undertake to reimburse the Customer.
Some promotional offers may be specifically announced as being available for a short time only. Orders for products covered by promotions will be limited to the available stock.

The Products offered on the website have been subject to quality control. KITSUNÉ shall endeavor to present all the features of the products by means of photographs and a fact sheet based on the data supplied by the manufacturer.
KITSUNÉ undertakes to do its best to describe the products with the greatest possible accuracy, however KITSUNÉ cannot be held liable for any errors or omissions in this presentation. The main features of the Products, including the specifications, illustrations and indications of the size or capacity of the Products are presented on the online store.
The Customer is obliged to review this description before placing an order. The choice and purchase of a Product is the Customer’s sole responsibility. The Customer is responsible for referring to the description of each Product in order to be aware of its characteristics and essential features.
The Customer acknowledges that the photographs on the online store cannot perfectly represent the appearance of the Product. The actual visual impression may differ slightly from the photograph, particularly with regard to color. The Customer acknowledges that KITSUNÉ cannot be held liable on this basis.
The sale will be considered to be final only after KITSUNÉ has sent the Customer an email confirming acceptance of the order - and after KITSUNÉ has received the full price.
Under no circumstances may an order be placed by professional sellers, alone or in groups, to meet the needs of their commercial activities, regardless of how they market their products. The Customer acknowledges and accepts that KITSUNÉ reserves the right to refuse an order that has obviously been validated by a professional seller, with regard to the number of products ordered in a single order and with regard to the number of individual orders placed for the same product in comparison with the usual quantity ordered by the average consumer.
3.2 Order confirmation
The registration of an order on the online store is made when the Customer accepts these General Terms and Conditions of Sale and the Privacy Policy by checking the box provided for this purpose and validates the order.
The Customer checks the details and the total price of the order before confirming acceptance. The Customer is responsible for verifying the accuracy of the order. KITSUNÉ will not be able to modify or cancel the order. However, once the item(s) have been delivered, the customer has a right of retraction as described in article 8 hereof.
The Customer must:
Validate their orders in the shopping cart after checking it;
Log in to their Customer account if they have one. Otherwise, the Customer may either create a personal Customer account, or choose to continue the purchase without creating an account;
Indicate or confirm the billing and delivery address;
Confirm their order and payment amount;
Validate payment.
Any order placed on the online store constitutes the establishment of a contract entered into remotely between the Customer and KITSUNÉ.
KITSUNÉ reserves the right to cancel or refuse any of the Customer’s orders when there is a dispute over payment for a previous order.
Customers with an account can track the progress of their orders on the online store.
KITSUNÉ will send the following information by email: registration/cancellation, order acceptance, and product shipment.
KITSUNÉ will send the carrier’s registered delivery number by email so the Customer can track the delivery.

ARTICLE 4: RATES
The currency varies according to the country in which the Customer is located. For maisonkitsune.com/jp the prices are disclosed in Yen. However, the Customer may select a different country of delivery. In this case, the Customer will be redirected to maisonkitsune.com/fr and the price displayed will be the price that applies to the place of delivery selected by the Customer.
These prices do not include, unless otherwise stated, shipping costs, which will be indicated in addition to the price during the order process stage and before the Customer confirms their order.
Before the Customer validates the order, the total amount of the order shall be indicated (price + shipping costs + any applicable customs duties and taxes, depending on the country).
Custom duties and sales tax are not charged to be delivered in Japan.

ARTICLE 5: PAYMENT TERMS AND SECURITY
The payment process is handled by Global-e. Global-e is PCI-DSS level 1 certified and will handle your payment securely through its payment service providers in accordance with your chosen method of payment. The payment methods available for your order shall be displayed during the order process. The delivery statement shall be placed in the package containing the product(s) ordered.
The order is confirmed upon payment by the purchaser.
The price is payable in full on the day the Customer places the order, by secure payment.
The payment methods accepted may vary depending on the Customer’s delivery country.

Credit card transactions will be processed when ordered products are shipped.

ARTICLE 6: TERMS OF DELIVERY
Orders placed on maisonkitsune.com/jp are delivered only in Japan.
But, by changing the country, we deliver worldwide except in the following countries: Burundi, Cuba, Eritrea, Iran, Iraq, Kosovo, Liberia, Libya, Nevis, North Korea, Somaliland, South Sudan, St Eustatius, St Helena, Syria, Tajikistan, Yemen.
By selecting the desired delivery country in the relevant tab on the site’s main page, the Customer will be redirected to the right online shop.
Except in special cases or the unavailability of one or more Products, the ordered Products will be delivered as a single delivery.
The address indicated by the Customer cannot be modified once the order has been validated. KITSUNÉ or the carrier cannot be held responsible in the event of the inability to deliver due to an inaccurate delivery address. Please note that the use of post office boxes is prohibited.
Products cannot be picked up at MAISON KITSUNÉ or CAFÉ KITSUNÉ stores.

Your order shall be dispatched within three (3) days, excluding Saturdays, Sundays, national holidays, after your order is accepted, provided stock is available. Once your order has left our warehouse, you will receive an automatic email from our Global-e service provider with the tracking number for your package.

The Customer can track the progress of the delivery by entering the tracking number in the designated space in the following link.
Track my order
A flat rate of 700 yen (tax included) shall be charged for shipping within Japan.

ARTICLE 7: TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from KITSUNÉ to the Customer shall be made at the time of delivery. This constitutes the transfer of physical possession or control of the Product to the Customer.
The transfer of the risks of loss and damage regarding the Products shall be made at the same time, that is, when the Customer physically takes possession of the Products. Therefore, the Products shall be transported at the risk and peril of KITSUNÉ.

ARTICLE 8: RETURNS
The Customer may return a product, including defective ones, within nine (9) days after it has been shipped to the address specified by the Customer.
The nine- (9)-days period begins:
・ On the day on which the KITSUNE or a third party designated by KITSUNE, has shipped the ordered item,
・ or, in the case of orders for several items shipped separately, on the day on which KITSUNE or a third party designated by KITSUNE, has shipped the last item.
If the Customer returns an item for the Customer's convenience, the Customer shall be responsible for shipping the package back to us.
If the package is returned freight collect, KITSUNÉ will refund the Customer for the price of the returned merchandise minus KITSUNÉ’s default return shipping fee.

Please click on the link below to learn more about our return policy and proceed with the return procedure.
Make a return

In the event of difficulty relating to the return of the package, please contact KITSUNÉ Customer Service so that we can find out more information.
When you contact us, please include the following items in your email or have them ready at hand.
・ Order number
・ First and last name of the person who placed the order
[email protected]
0120-913-666 *11:00-17:00 except Saturdays, Sundays, bank holidays, and New Year’s holidays.
Any items that are incomplete, damaged, used or returned outside of the return window may not be returned. Maison Kitsuné reserves the right to refuse to reimburse an item that does not meet the criteria for being returned. If this is the case, you will receive an email from customer services informing you that your return has not been accepted and we will send the item in question back to you.

ARTICLE 9: REIMBURSEMENT
If the right of return is exercised under the above conditions, KITSUNÉ shall reimburse the price of the purchased Product(s).
The Customer shall be responsible for any return shipping charges.
No refunds will be issued to a Customer who does not exercise his/her right to return products under these terms.
KITSUNÉ will promptly refund the Customer for returned merchandise no later than twenty-one (21) days after receipt and verification of the returned merchandise from the Customer.

ARTICLE 10: CUSTOMER SERVICE AND CLAIMS
If you have any questions, please contact our customer service:
[email protected]
0120-913-666 *11:00-17:00 except Saturdays, Sundays, bank holidays, and New Year’s holidays.

ARTICLE 11: DEFECTIVE, DAMAGED, INCORRECTLY ORDERED, OR MISSING PRODUCTS
In the event Products are defective, damaged, or different than ordered, please contact Customer Service within seven (7) days of receipt of the item and then follow the return procedure.
[email protected]
0120-913-666 *11:00-17:00 except Saturdays, Sundays, bank holidays, and New Year’s holidays.

For more information about returns, please click the link below and proceed with the return procedure.
Make a return
Please send the item in question back to the designated location.
Customer service will contact to you once the item is confirmed.

In the event a Product that the Customer ordered was not delivered
Please contact Customer Service.
[email protected]
0120-913-666 *11:00-17:00 except Saturdays, Sundays, bank holidays, and New Year’s holidays.

If the Product is in stock, KITSUNÉ will reship the relevant product. KITSUNÉ will bear the shipping costs for such items.
If the item is not in stock, KITSUNÉ will refund the price of the merchandise and shipping costs.

ARTICLE 12: LIABILITY AND FORCE MAJEURE
In the online sales process at https://maisonkitsune.com/jp, KITSUNÉ shall be bound only by an effort-based obligation. KITSUNÉ cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, hacking, viruses, service interruption or other unintended problems.
However, concerning the non-performance or the improper performance of the contract, KITSUNÉ can exempt itself from all or part of its liability by providing proof that the damage is attributable to the consumer, to the unforeseeable and unavoidable act of a third party to the contract, or to a case of force majeure. Force majeure takes into account unavoidable facts or circumstances external to the parties, despite all reasonable efforts to prevent them. Cases of force majeure also include blockages of means of transport or supply, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks, including all networks accessible via the Internet, or difficulties specific to telecommunications networks external to the parties.
The party affected by force majeure shall notify the other party within five working days following the date on which the party became aware of it. The two parties shall then agree on the conditions under which the performance of the contract may be continued.
KITSUNÉ shall not be liable for any consequential damages, incidental damages, lost profits, or other indirect damages, whether foreseen or unforeseen, to Customers or third parties arising in connection with the use of the online store. Even in the event that KITSUNÉ is liable for damages in connection with the use of the online store, KITSUNÉ shall be liable for damages only up to the total amount paid by the Customer to KITSUNÉ via the online store.

ARTICLE 13: INTELLECTUAL PROPERTY
The content of the https://maisonkitsune.com and https://maisonkitsune.com/jp websites is the property of KITSUNÉ and KITSUNÉ France or licensed by third parties and is protected by French and international intellectual property laws.
Any reproduction in whole or in part of this content is strictly prohibited and may constitute an infringement of copyright. No person is authorized to reproduce, exploit, broadcast or use the visual or audio elements, or part of the elements, of the site for any purpose whatsoever. Simple or hypertext links are strictly prohibited, except with the express written consent of KITSUNÉ.
KITSUNÉ also retains ownership of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes made (even at the Customer’s request) for the purpose of providing the Services to the Customer. The Customer agrees not to reproduce or use these studies, drawings, models and prototypes without the express prior written authorization of KITSUNÉ, which may be contingent upon financial compensation.
Consequently, any copy and use of the KITSUNÉ and MAISON KITSUNÉ trademarks or any parasitic use of the website will be automatically prosecuted and punished.

ARTICLE 14: PERSONAL DATA AND COOKIES
Personal data and website cookies are processed in accordance with the Privacy Policy of KITSUNÉ and Kitsuné France, which is available here.

ARTICLE 15: MISCELLANEOUS
These General Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction in the first instance over all disputes arising in connection with these General Terms and Conditions of Sale. If any question arises regarding the interpretation of these General Terms and Conditions of Sale or any matter not stipulated in these General Terms and Conditions of Sale, the Company and the Customer shall consult with each other in good faith and shall attempt to resolve such question.