- These terms of use apply to any and all matters involving the use by User(s) within Japan of the catalogues, online shopping services and any other services (hereinafter, the "Services") provided and listed on the website managed by Felissimo Corporation (hereinafter, "FELISSIMO").
- These terms of use apply to any use of the Services, and any activities between the User(s) of the Services (hereinafter referred to as the "Users") and FELISSIMO.
Article 2 Use of Services
- Users agree to use the Services and browse any websites related to the Services (hereinafter, the “Websites”) subject to these terms of use, and any and all other conditions set by FELISSIMO. When Users use the Services, they are deemed to have agreed to these terms and conditions.
- Users agree to take responsibility for all information they send through the Services and the Websites, and agree not to cause damage or annoyance to FELISSIMO.
- If Users are under age, the Services shall be used with the consent of the guardians.
- When making purchase with a credit card, the Users shall only use the cards issued under their own name, or under their guardian’s name as stated in the previous article.
- 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 FELISSIMO.
- FELISSIMO does not guarantee that the contents of these Services will always adjust to the Users' computer or that the website or Services will always operate properly.
- Website access shall be at the Users' free will and Users shall accept responsibility for using the Websites and the Services.
Article 3 Member Registration
- When Users initially use the Services, they are, in general, required to register as a member. Users who have completed registration are regarded as “Members” under these terms of use.
- Users agree to enter true and accurate information in the registration form and send it to FELISSIMO. Users are prohibited from submitting false information.
- Each individual User may only register one (1) time. FELISSIMO reserves the right to refuse the member 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 FELISSIMO, (b) the contents of the member registration include false information, or (c) FELISSIMO otherwise considers the approval of the registration inappropriate.
- Users under the age of fifteen (15) shall not be accepted for member registration.
Article 4 Management of Login ID and Password
- Members shall use the Services by using the login ID and password issued by FELISSIMO or set by the Members themselves (hereinafter referred to as "Login ID" and "password", respectively).
- Members are solely responsible for the use and management of their login ID and password issued by FELISSIMO or set by the Members.
- Members agree not to transfer, lend or disclose their login ID or password to any third party, or allow any third party to use their login ID or password.
- Members are responsible for any loss or damage caused to the oneself by a third party using their login ID or password, and agree that FELISSIMO shall not be responsible for any loss or damage caused by a third party using the Members' login ID or password which shall be managed by the Members.
- Members shall immediately report to FELISSIMO if any abusive use of their login ID and password by a third party are found.
Article 5
Termination of Service and Deletion of Member Registration
In any one of the following cases, FELISSIMO may determine that providing the Services is inappropriate and may stop providing the Services or delete the Member's registration without any prior notice to the Member.
- It is discovered that the provision of Services was suspended or registration of the Member was previously subject to deletion due to a violation of any terms and conditions set up by FELISSIMO.
- User falls behind in payment or otherwise defaults on payment due to FELISSIMO.
- User engages in any conduct prohibited under Article 6.
- In case of violating item 1 of article 15 (Exclusion of Antisocial Forces).
- User violates any of the Terms of Use.
Article 6 Prohibited Matters
While using the Services, Users must refrain from engaging in the following acts; if FELISSIMO 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 the Websites, 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 FELISSIMO.
- Providing any false information during Member 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 login ID or password.
- Any act which violates the trademark, copyright, privacy or any other right of another User, a third party or FELISSIMO, or any act which could cause annoyance, loss or damages to another User, third party or FELISSIMO.
- Any act which may constitute a libel, slander or defamation against another User, any third party or FELISSIMO
- 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 FELISSIMO 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 FELISSIMO considers inappropriate in managing the Services.
Article 7 Copyright
Users must not violate the copyright, trademark or any other intellectual property rights to images or designs on the Websites, that are owned by FELISSIMO or any other third party.
Article 8 Personal Information
FELISSIMO will properly use the Users' personal information or any third party's personal information, that Users may have registered with the Services, according to the “Felissimo’s Philosophy Regarding Protection of Personal Information” listed in the Privacy Policy page.
Article 9 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 10 Purchasing Products
- Users can purchase products (including goods and service provision) through the Services.
- When Users purchase products, they agree to follow the order procedures as specified by FELISSIMO.
- Member registration is necessary for purchase of member-limited goods.
- 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 FELISSIMO is not responsible for such dispute.
Article 12 Return of Goods
In most cases, we do not accept return of goods. If the purchased products are defective or otherwise subject to any reasons which may justify their return, Users may contact the FELISSIMO Customer Service Center (Global). The FELISSIMO Customer Service Center (Global) may agree to allow Users to return the purchased products, provided that the Users specifically follow all the conditions set for their return, if applicable.
Article 13 Information Management
If necessary, FELISSIMO may delete information which Users posted on the Websites or change the posting position of the information. FELISSIMO may delete the Users' content if (a) the content violates these terms of use or (b) FELISSIMO determines the content may cause problems.
Article 14 Interruption of Services
FELISSIMO may amend, add, stop or cancel the Services without prior notice to Users and without the Users' consent in the following cases. FELISSIMO 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 it is impossible to provide the Services due to force majeure clauses (natural disaster, war, riot, rebellion, terrorism, fire, explosion, flood, burglary, harm, striking, immigration restrictions, weather, hindrance from third party, national defense, public health related emergency, regulation or policy of the local public body or government and any other events etc., which beyond the control of Felissimo.)
- Any other situation where FELISSIMO considers necessary.
Article 15 Exclusion of Antisocial Forces
FELISSIMO may amend, add, stop or cancel the Services without prior notice to Users and without the Users' consent in the following cases. FELISSIMO is not responsible for any damage caused to the Users by the amendment, addition, stoppage or cancellation of the Services.
- FELISSIMO and its users ensure the following items:
- We are not an organized crime group, a related company or association of an organized crime group, corporate racketeers, other equivalents of any category above, or members or composition of them (hereinafter collectively referred to as "ASF (Anti-social Forces)").
- Our officers (means employees who execute the business operation, directors, executive officers or equivalents) are not ASF.
- Users shall not allow ASF to make use of my own name to use FELISSIMO's service.
- Users themselves or through the use of third parties will not take threatening behavior or violence acts against Felissimo, or defame the reputation or interfere with FELISSIMO's business by using fraudulent means or resorting to force.
- FELISSIMO has right to terminate the provision of service or cancel the membership registration without giving any prior notice or warning to the users if they violated the preceding items.
- FELISSIMO will not be responsible for any damages, losses or expenses incurred by the users due to the measures set forth in the preceding paragraph. In addition, the user shall compensate for damages caused to Felissimo due to the violation of paragraph 1.
Article 16 Exemption Clause
- If FELISSIMO conducts administrative work in accordance with the contents of the Users' registration, FELISSIMO is not responsible for any damage caused to the Users due to its administration.
- If FELISSIMO needs to notify Users, FELISSIMO 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 FELISSIMO needs to send products to Users at the address they provided, FELISSIMO 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.
- FELISSIMO shall not be responsible to the Users for any damage or lost earnings caused by: (a) events that are not FELISSIMO's responsibility, (b) special circumstances with or without FELISSIMO foreseeing such a circumstance, or (c) any third party's damage claim, unless otherwise provided for in any terms set up by Felissimo or in Users' guide.
- If any terms exempting or limiting Felissimo's liability under these uses of terms are deemed to be invalid or not agreed by the Consumer Contract Law, the Civil Law, or other laws and regulations, Felissimo shall be liable to Users for any actual damages incurred.
- 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 FELISSIMO.
Article 17 Jurisdiction and Attorney Fees
- If there is a dispute between a User and FELISSIMO, 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 FELISSIMO by failing to pay the purchase price or otherwise violating these terms of use, and FELISSIMO engages an attorney in order to collect the debt, the User agrees to pay FELISSIMO for FELISSIMO's reasonable attorney fees.
Article 18 Governing Law
The construction and application of these terms of use shall be governed by Japanese law.
- FELISSIMO may amend charges of the Services, content of the Services, and other terms of use (hereinafter, “Content of these Terms) according to social situation, economic circumstances, change in tax system and other various circumstances, change in law and other changes that are related to the Services.
- When FELISSIMO changes this agreement based on the provisions of the preceding paragraphs, the contents of this agreement after the change and its effective date will be posted on the Felissimo website or announced by other methods separately determined by the Company to the users. In addition, after posting or notifying, it shall take effect from December 1, 2021.
- If Users do not agree the amended terms, they shall stop using the Services. Users who continue to use the Services shall be regarded as having agreed to the amendment.
This Agreement shall take effect on December 1, 2021.
Supplementary Provision
Issued on February 28, 2001
Became effective March 1, 2001
Revised February 10, 2005
Amended November 16, 2005
Amended November 5, 2008
Amended on March 31, 2020
Amended November 9, 2021