Conditions of Sale
TERMS AND CONDITIONS OF SALE
Article 1. SCOPE OF THE CONDITIONS OF SALE
1. These Conditions of Sale set out the rights and obligations of customers, as well as the limitations and disclaimers applicable to them, in connection with the sale or purchase of “Vivienne Westwood” branded products offered on our website www.viviennewestwood.com (“Website” and/or “Site”) (the "Conditions of Sale"). Please ensure that you read these Conditions of Sale carefully before confirming your order.
This Website is operated and managed by the following entities (the "Website Administrators"):
- Vivienne Westwood Limited
A company registered in England and Wales
Registration number: 02682271
Registered office: Westwood Studios, 9-15 Elcho Street, London SW11 4AU, United Kingdom
Email: legaluk@viviennwestwood.com and/or
- Vivienne Westwood S.r.l.,
A company registered in Italy
Registration number: 1285346, VAT number: 09315970153
Registered office: Corso Venezia 25, 20121, Milan, Italy
Email: legal@viviennewestwood.com
2. The sale of "Vivienne Westwood" brand products conducted on this website is conducted by ITOCHU Corporation (the "Seller"). For the Seller's address, contact details and other information, please refer to the separate "Legal Notice in Accordance with the Act on Specified Commercial Transactions".
Article 2. CONSENT TO AND AMENDMENTS OF THE CONDITIONS OF SALE
1. Before confirming an order, customers are required to review the content of these Conditions of Sale (including all applicable Terms of Use and Privacy Policy). Customers convey their consent to these Conditions of Sale by ticking the “Agree” button. If you do not agree to these Conditions of Sale, you will not be able to place an order through this Website.
2. Customers must comply with these Conditions of Sale.
3. These Conditions of Sale may be amended from time to time in the unfettered discretion of the Seller and the Website Administrators due to amendments to applicable laws, business requirements, or other reasonable grounds. The amended Conditions of Sale shall be deemed to have taken effect from the time they are published on this Website.
Article 3. PRODUCTS
1. Images of products displayed on this Website or in other promotional materials are provided for illustrative purposes only and do not guarantee an exact match with the actual products. Variations may occur in colour and texture due to the nature of digital devices or printed materials. Accordingly, the delivered product may differ from the images or samples shown and Seller disclaims all liability for such.
2. Among the products sold by the Seller, certain items, particularly those crafted by hand, may reflect the inherent characteristics of the natural materials used in their manufacture. As a result, natural variations may occur in appearance, texture, grain, or colour. These are natural features and should not be regarded as defects or faults in quality, but rather as unique characteristics of each individual item. The Seller disclaims all liability for such variations.
3. The Seller may make changes to the products offered on this Website without prior notice. However, such changes will not affect orders already placed by customers.
Article 4. HOW TO PLACE AN ORDER
1. To place an Order, please first add your desired product(s) to the "Shopping Bag”. While items remain in the Shopping Bag, you may amend the quantity, or add and remove products and services at any time. Once you have placed items in your Shopping Bag, click on the “Secure Checkout” buttons to proceed to the customer information page, where you may select your payment method and other options. The details you enter can be reviewed on the summary page. Any errors (including payment method, data or quantity) may be corrected by clicking “Edit”. To cancel the ordering process, simply close your browser window.
2. By clicking the “Confirm Order” button at the final stage of the ordering process, you are deemed to have submitted an offer to purchase the product(s) in your Shopping Bag. Upon receipt of your order by Seller or the Website Administrators, you will automatically receive an order confirmation e-mail acknowledging receipt of your order.
3. The Order confirmation email will include a summary of the relevant details of your order (these Conditions of Sale, the main features of the products, a breakdown of prices, the total amount payable including taxes, information about the Seller, the method of payment, a link to the return policy, shipping charges and so on).
4. Acceptance of the order and the conclusion of the contract (“Contract”) will take place as soon as we accept your Order by means of a separate email of confirmation of dispatch of the Products (hereinafter referred to as the “Order Status Update”. Please also check your junk or spam folders in case the email is filtered there.
5. Customers may cancel their order within one (1) hour of placing of it, either directly through the "My Account" section or by contacting Customer Service within the same time frame. After this period, cancellation is no longer available, and the order will proceed to shipment.
6. Customers who have registered for a personal account on this Website may check the status of their orders by logging into the "My Account" page.
Article 5. PRODUCT AVAILABILITY
1. Even if a product is displayed on this Website, the Seller may not be able to deliver if the item is unavailable. In such cases, the Seller or the Website Administrators shall notify you by email that your order cannot be accepted and the reasons for this.
2. If only part of your order can be fulfilled due to stock limitations, the Seller or the Website Administrators will inform you accordingly and unavailable items will be automatically cancelled and refunded to your original payment method.
Article 6. NON-ACCEPTANCE OF ORDERS
1. Your order may not be accepted in the following circumstances:
a) the product(s) included in the order are unavailable;
b) there has been a dispute between you and the Seller or the Website Administrators in the past;
c) you have previously breached these Conditions of Sale (including all applicable provisions of the Terms of Use and Privacy Policy) or failed to fulfil obligations arising therefrom;
d) it is established that you are purchasing the product(s) for resale or commercial or business purposes;
e) you are engaged in, or are suspected of being engaged in, unlawful or fraudulent activities; or
f) you are subject to any other circumstances similar to any of the foregoing.
2. In any of the above circumstances, the Seller or the Website Administrators shall notify by email within 30 (thirty) days from the date of receipt of your order, stating the reason for cancellation. If payment has already been made, the Seller will refund the amount paid for any products for which the order has not been accepted.
3. For security reasons, orders cannot be accepted where the recipient or the delivery address cannot be identified.
Article 7. PRICES
1. The prices of products shall be those displayed on this Website (inclusive of consumption tax and indicated in Japanese yen). Please review the total purchase price of the products on the final order confirmation screen.
2. The displayed prices do not include shipping costs. Shipping charges will be added to the total amount at the time of order in accordance with the rates specified on this Website and will be clearly indicated separately from the product price before you click the "Confirm Order" button.
3. The Seller does not impose any additional fees other than the invoiced amount..
4. The Seller may change the prices of products sold on this Website without prior notice. Any revised prices will be notified by publication on this Website or other appropriate means. Such changes will only apply to future orders and will not affect orders already placed by customers.
Article 8. METHOD OF PAYMENT
1. Customers may select their preferred payment method from those available on this Website. The accepted payment methods are credit card, [RL1.1]cash on delivery and ペイディ.
2. If payment cannot be confirmed or processed, the order will be automatically cancelled.
Article 9. PAYMENT BY CREDIT CARD
1. Customers represent and warrant that they are the rightful holder of the credit card used for payment and that the credit card number, expiry date, security code and other details entered at the time of purchase are accurate.
2. Payment by credit card will only be valid if all of the following conditions are met:
a) verification of the credit card information has been completed;
b) authorisation has been obtained from the issuing credit card company;
c) the Seller has confirmed the availability of the products; and
d) preparation for order processing has been completed.
3. Information provided for credit card payments is securely processed through a payment service provider entrusted by the Seller. For further details, please refer to the Privacy Policy.
Article 10. PAYMENT BY ペイディ
1. For payments made through ペイディ, the month in which the product is dispatched will be treated as the month of use. The total amount due for that month will be invoiced by ペイディ between the 1st and 5th of the following month, via email or SMS. Payment must be made by the 27th of that month through convenience store payment, bank transfer, or direct debit, following the instructions provided by ペイディ. Please note that any handling charges for convenience store or bank transfers shall be borne by the customer.
2. For payments made byペイディ, customers represent and warrant that they are the rightful holder of the relevant account.
Article 11. PAYMENT BY CASH ON DELIVERY
1. For cash on delivery payments, customers shall pay the full purchase price, including shipping charges and the cash on delivery handling fee, in cash to the delivery agent upon receipt of the products. The handling fee for cash on delivery shall be borne by the customer.
Article 12. DELIVERY OF THE PRODUCTS
1. Products will be delivered by a courier service appointed by the Seller to the address specified by the consumer at the time of the order. Customers may be required to provide a signature, etc. upon receipt of the products.
2. If, for reasons that are not attributable to the Seller, the ordered products cannot be delivered, Customer Service will contact the customer to discuss re-delivery or other possible arrangements. If delivery is ultimately deemed impossible, the order will be automatically cancelled and the full amount already paid, including shipping costs, will be refunded.
3. Depending on stock availability and shipping arrangements, the Seller may dispatch the ordered products in multiple shipments. In such cases, customers will only be charged for the products that have been shipped. The timing of charges will vary depending on the chosen payment method.
4. Once the products have been shipped, an email will be sent to the email address registered by the customer at the time of order. Where the delivery method allows tracking, the email will include a tracking number and a link for checking the delivery status. For any questions regarding delivery, please contact Customer Service by email.
Article 13. TRANSFER OF OWNERSHIP AND RISK OF LOSS OR DAMAGE
1. Ownership of the products shall transfer to the customer once full payment of the purchase price, including shipping charges, has been made and confirmed by the Seller.
2. The risk of loss or damage to the products shall pass to the customer from the moment the products are received by the customer or by a third party designated by the customer.
3. If loss or damage to the products occurs prior to delivery to the customer or a third party designated by the customer, the Seller shall exchange the product or [RL2.1]shall refund to the customer the full amount already paid.
Article 14. RETURNS
1. For details regarding the return procedure, the types of products eligible for return, methods of refund, and other return-related matters, please refer to the Returns Policy.
Article 15. TERMINATION
1. The Seller and the Website Administrators may terminate the contract with the customer by providing notice in writing or by email in any of the following circumstances:
a) if payment by the customer is not confirmed by the due date;
b) if the customer fails to provide the information required for shipment of the products or other necessary purposes within nine (9) days of a request from the Seller;
c) if it is found that the customer has provided false information;
d) if the customer breaches these Conditions of Sale (including all applicable provisions of the Terms of Use and Privacy Policy);
e) if the Seller or the Website Administrators determine that the customer has placed an order by fraudulent means, or that there is a risk of such fraudulent activity; or
f) if the customer is subject to any other circumstances similar to any of the foregoing.
Article 16. LIABILITY AND LIMITATION OF LIABILITY
1. The Seller and the Website Administrators shall process transactions in accordance with the information entered or provided by the customer. With respect to any issues relating to the delivery of products (including where the delivery address is unknown), the Seller and the Website Administrators shall be deemed to have fulfilled their delivery obligations by dispatching the products to the address specified or entered by the customer at the time of purchase, and shall thereby be released from such obligations.
2. If a customer causes damage to another customer or a third party or becomes involved in a dispute with a third party in connection with these Conditions of Sale, the customer shall resolve such matters at their own cost and responsibility. The Seller and the Website Administrators shall bear no liability in this regard.
3. The Seller and the Website Administrators shall not be liable for any damages, losses, or disadvantages (including emotional distress or other financial loss) arising out of or in connection with the exercise or performance of rights and obligations under these Conditions of Sale (including the provision of information by the Seller and the Website Administrators). However, this shall not apply where such damages are attributable to wilful misconduct or negligence on the part of the Seller or the Website Administrators.
4. Even where the Seller and the Website Administrators incur liability to the customer in connection with these Conditions of Sale, except in cases of willful misconduct or gross negligence by the Seller or the Website Administrators, they shall only be liable for direct and ordinary damages, and the total amount of such liability shall not exceed the higher of (i) the aggregate consideration for products purchased by the Customer on the site during the one-month period immediately preceding the occurrence of the relevant damage, or (ii) JPY15,000.
5. Where this Website contains links to other websites or resources, or where third-party websites or resources provide links to this Website or to these Conditions of Sale, the Seller and the Website Administrators accept no responsibility for the content, use, or consequences of accessing such external sites or resources.
6. The Seller shall not be liable for any failure or delay in performance of its obligations under these Conditions of Sale due to events of force majeure, including but not limited to earthquakes, typhoons, tsunamis, or other natural disasters, war, riots, civil commotion, acts of terrorism, serious epidemics, enactment, amendment or repeal of laws or regulations, orders or measures of public authorities or governments, labour disputes, or accidents affecting transport or communication systems.
7. During the continuation of any event of force majeure as set out in the preceding paragraph, the contractual obligations of the Seller shall be suspended, and the time for performance shall be extended accordingly. The Seller may cancel or terminate all or any part of your orders and these Conditions of Sale if such event exceeds a sixty (60) day period.
Article 17. PERSONAL DATA
1. Customers shall bear full responsibility for the accuracy and truthfulness of the personal information they enter on this Website or use when making a purchase. Customers must also review the Privacy Policy applicable to them published on this Website and, where requested by the Seller or the Website Administrators, provide their consent regarding the handling of personal data.
2. For details on how the Seller and the Website Administrators handle customers’ personal data, please refer to their respective Privacy Polices.
Article 18. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
1. The Seller may assign to a third party its rights and obligations under these Conditions of Sale.
Article 19. INTELLECTUAL PROPERTY RIGHTS
1. The Website Administrators own, or are duly licensed to use, all intellectual property rights relating to this Website and the content published on it. Such rights are protected under copyright law and other applicable laws and regulations. Customers may not download, reproduce, transmit, copy, store, sell, or distribute any content without the prior written consent of the Website Administrators. For further details, please refer to the Terms of Use available here.
Article 20. GOVERNING LAW AND JURISDICTION
1. These Conditions of Sale shall be governed by, and construed in accordance with, the laws of Japan.In the event of any dispute arising in connection with these Conditions of Sale, the Tokyo District Court shall have exclusive jurisdiction in the first instance.
Article 21. LANGUAGE
1. These Conditions of Sale have been prepared in Japanese. Any translations into English or other languages are provided for reference purposes only. In the event of any discrepancy between the Japanese version and the English or other language versions, the Japanese version shall prevail.
Article 22. MISCELLANEOUS
1. Each provision of these Conditions of Sale shall be valid independently. Even if any provision is found by a court to be unlawful or invalid, this shall not affect the validity of the remaining provisions.
2. In the event of an error, customers may request correction of their data by contacting Customer Service. For details of Customer Service, please refer to the “Contact Us” page on this Website.