ENFOLD

TERMS OF USE

All the services (“Services”) provided on the website “ENFOLD” (“Website”) are provided by BAROQUE JAPAN LIMITED (“we/us”), and all goods will be distributed by us).

By using the Services, you are agreeing to all the Terms of Use. The Terms of Use related to the Services are as follows:
When you purchase goods, you must acknowledge and agree to a separate “Notices and Remarks regarding Shopping” agreement.

1. General

[1] These Terms of Use shall apply to us and individuals who use the Services (“you”).
[2] We reserve the right to modify these Terms of Use or change the contents of the Services without your prior consent. Any such modification or change shall become effective when it is posted on a website specified by us.
[3] Before you use the Services, you will be required to enroll as a member. If you use the Services before completing the enrollment procedures, you will be deemed to be a member after you have completed the purchasing procedures.

2. Handling of Personal Information

[1] The personal information you submit to us for the use of the Services may be used for the following purposes and you consent to such use:
(1) To deliver goods or complete payment procedures, etc., that may be necessary for us to provide the Services;
(2) To provide you with various kinds of information related to goods, services, lifestyle and culture;
(3) To conduct marketing research, etc., for new goods, renewals of goods, etc; or
(4) To conduct any business incidental to the above.

[2] In order to facilitate the provision and operation of the Services, we may engage a third party contractor to handle your personal information within the scope of business necessity, in which case we will duly manage and supervise the third party contractor to ensure the security control of your personal information.
[3] We will not provide any third party with your personal information except where: (i) we disclose personal information to a third party contractor pursuant to [2]; (ii) you agree to the disclosure of your information; or (iii) the provision of your personal information is done pursuant to applicable laws and regulations or is required to protect any material interests, including, but not limited to, life or property of an individual.
[4] We will try to keep your personal information correct and updated. Furthermore, we agree to establish and maintain a “Customer Center” to receive your inquiries and questions and to reasonably respond to your request for disclosure of, corrections to or suspension of the use of your personal information. If we receive your request for disclosure of, corrections to, deletion of or suspension of use of your personal information, we will respond to such requests in a reasonable manner after we verify your identification.
[5] If your registered personal information is lost, in whole or in part, due to a natural disaster or computer system failure, we will not be liable or responsible for personal information in such a manner.

3. Information Provision regarding Goods, etc.

[1] While we will make every effort to provide correct information for the Services, such information may occasionally contain misleading statements or typos. We will not be liable or responsible for any loss or damagesarising out of or in connection with such misleading statements or typos.
[2] If any price or product information, etc., displayed on the Website is incorrect, we may decline to fill your order, even after the order is fixed, in which case we will inform you of the correct pricing details and confirm your intent to purchase goods.
[3] While we will make every effort to display as accurately as possible the colors of our goods that appear on the Website, there may be minor discrepancies in the colors as they appear on the Webpage in comparison to the actual goods due to configurations or characteristics of the PC monitor you use. We will not be liable or responsible for such display errors even if a claim or request is made.

4. Purchase of Goods

[1] After you have completed the procedures to purchase goods on this Website, we will not accept any cancellation, change of a purchase order, or comply with your request to pack several goods based on separate orders together in one package for delivery even if such request is made before the goods are sent out for delivery.
[2] As goods may occasionally become “out of stock”, all goods are subject to being unsold.
[3] If at the time of your purchase any of the goods you have ordered are out-of-stock, your order for those out-of-stock-goods will be cancelled and only those items in your order which are presently in stock will be sold and shipped to you. In such circumstances where your order contains both “out-of-stock” goods and “in-stock” goods, you will not be informed that the portion of your order for the “out-of-stock” goods has been cancelled. If all of the goods in your order are out of stock, we will contact you by phone or email to advise you of the situation.
[4] In the case of limited merchandise, you may purchase one article only. Furthermore, you may only purchase three articles having the same article number for any goods. We may refuse to accept your order to purchase three or more of the same pieces of merchandise.
[5] We may refuse to accept your order to purchase goods if you purchase goods for distribution purposes (reselling or otherwise). We may also refuse to accept your order if you have returned, refused or been unable to receive goods on many occasions.
[6] Normal goods will be sent out after three (3) or five (5) business days from the time we receive your order. Some goods, such as limited or pre-order sale merchandise, may take more time to deliver and we will inform you of the particular shipping dates for these goods.
[7] If we receive several orders that specify the same address for delivery or if the total purchase amount exceeds 100,000 Japanese Yen, we may request that you confirm the orders. If these circumstances do arise, it may take more time to send out goods for delivery because we will do so after we have confirmed the orders.
[8] If you are a minor, by using the Services you agree to only place an order after you obtained the consent of your parent or guardian.
[9] We will not accept your refusal to receive goods after you have placed an order without a valid reason. Furthermore, we may refuse your further purchase of goods using these Services if you refuse to receive or are otherwise unavailable to receive the shipment for a long time after goods are shipped.
[10] The applicable purchase price of goods is the amount that appears on the Website when you place your purchase order except on occasions where an erroneous purchase price is displayed. Even if the sales price of the goods is duly reduced because of a “SALE” or any other reason, we will not accept your request for a cancellation or a reimbursement for difference between purchase amounts if such request is made after you have placed the purchase order even if the goods have not yet reached you.
[11] Certain goods (including pre-order goods) may be sent out after the scheduled arrival date as indicated on the merchandise page. If you placed an order for several different goods, your order will be shipped once all the goods in your order are ready to ship.
[12] The price of goods may be changed from time to time without prior notice. The price of goods when you place an order will remain valid whether or not goods reached you.
[13] Certain goods may only be shipped to a destination within Japan. Import duties and/or any other taxes may be imposed by a destination country, which you shall pay or bear. For customs clearance purposes, you will be responsible for complying with all applicable laws in the capacity of an importer.

5. Termination

We may terminate this agreement and/or an individual sales contract that becomes effective using the Services on the Website if:

(1) You breach any provision in these Terms of Use;
(2) We receive information from a credit-card company specified by you that your credit standing is invalidated;
(3) We are unable to deliver goods because the address you specified is unknown or you are unable to take delivery of your orders;
(4) There is a material reason that is similar to any of the above.

6. Return or Exchange of Goods

[1] No requests for refunds or exchanges will be accepted except where the goods are defective, damaged during delivery, miss-packed, or other cases that we separately determine at our sole discretion. We will only consider your request for an exchange or refund if you notify the Customer Center of your intent within five (5) business days from the date the goods reached you. After the expiry of the five (5) business day period, we will not be liable for any further warranty obligations regardless of whether or not the goods are defective.
[2] You acknowledge that “OUTLET” or “SALE” goods may have minor flaws or stains. If we do not determine that the goods have an apparent defect, we will not accept your request for an exchange or refund.
[3] Your request for exchange or refund is subject to the condition that the returned goods actually reach us. We will immediately examine whether the request for exchange or refund is acceptable after we receive the returned goods. If the returned goods fail to reach us, we will not guarantee that any refund will be made by our “partner select shops” or affiliate multi-brand shops.
[4] If you have frequently repeated your requests for an exchange or refund, we may, at our own sole discretion, refuse your request for the exchange or refund.
NOTE: The following goods are not eligible for exchange or refund:
・ Goods that have any flaws or damage attributable to you; or any goods that you used even once;
・ Goods which have the tag removed;
・ Any goods for which you placed an order by any means other than via the Website;
・ Goods which you have requested an exchange or refund for after six (6) business days from the date goods reached you;
・ “SALE” or “OUTLET” goods; or
・ Any goods you purchased for reselling purposes.
[5] If you reside in Japan, we would repay the price displayed on the Website when you placed an order, which amount shall include the amounts of all the consumption taxes that were applicable when you placed the order but exclude the original delivery costs. If you reside outside Japan, we would repay the price displayed on the Website when you placed an order, which amount shall include the amounts of all the value added tax or the consumption taxes that were applicable when you placed the order but exclude the original delivery costs and import duties that were imposed on when you received goods. Please make an inquiry to the local competent custom and tariff bureau for refund of import duties.

7. Disclaimer of Warranties

[1] We do not make any representations or warranties, whether explicit or otherwise, for the integrity, correctness, reliability, usefulness, usability, fitness for your expected particular purpose, non-infringement of any third party’s right, compliance with laws applicable to you, as to the Services, goods or information provided hereunder, or no-presence of flaws, bags, security vulnerabilities, defects.
[2] If we are liable to you in connection with your use of the Services, we will only compensate you for your normal and direct damages you actually suffer, and will not be liable for any damages arising from any special circumstances (whether you expected or not), indirect damages, consequential damages, except for the case attributable to our willful acts or gross negligence.
[3] If any event below occurs, we may suspend or discontinue the Services without providing you a prior notice or obtaining your consent. Furthermore, we will not be liable to you for your disadvantages or damages you suffer as a result of any event below:
(1) In the event of any periodic maintenance or renewal of the system for the Services, or in the event of emergency;
(2) If it becomes difficult to provide the Services due to any force majeure event including, but not limited to, fire, electric outage or act of God; or
(3) If it becomes difficult for us to continue to provide the Services for any other unexpected event.
[4] While we strictly preserve and control any personal information you input or transmit in the use of the Services, by encrypting such information, etc., and take due care for the protection of such information, we do not guarantee the protection from divulgement, loss or falsification, etc., of such information by any third party.
[5] Any notice from us to you will be deemed sufficient if a notice is, at our discretion, placed on the Website or sent to your email address that you have registered. Any delivery of goods will be deemed sufficient if goods are delivered to the address you specified when you place an order.
[6] If you cause damage to a third party by way of your use of the Services, you will be responsible for resolving the matter at your cost and shall not cause undue difficulty to us.
[7] You will be responsible for having and maintaining your Internet environment or any other environment necessary to use the Services. Furthermore, you will bear any and all costs for the installation and configuration of electronic and telecommunication apparatus, telecommunication costs for the use of the Services and any other costs.

8. Others

[1] If any problem arises as a result of the use of the Services that may not be resolved by referring to these Terms of Use, you and we will enter into discussions and come to mutual agreement in good faith.
[2] Any litigation arising out of or in connection with the Services shall be governed by the laws of Japan and subject to the agreed jurisdiction of the Tokyo District Court, as the court of first instance.