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GENERAL TERMS AND CONDITIONS OF SALE

1. Introduction

 

1.1.  The sale of “Church’s” branded products (“Products”) in Japan through the website https://www. https://www.church-footwear.com/jp/ja.html (“Website”) is governed by the following Terms and Conditions of Sale, as amended from time to time (“Terms and Conditions”).

1.2.  The Products are sold directly by Church Japan Company Limited, (hereinafter “CHURCH’S”). CHURCH is a company incorporated under the laws of Japan with registered office at Shin-Nogizaka Bldg., 1-15-14, Minami-Aoyama, Minato-ku, Tokyo. 

1.3.  The sale of Products through the Website is restricted to consumers (hereinafter referred to individually as "Customer" or, collectively, "Customers") meaning natural persons acting for purposes that are not related to business, commercial, entrepreneurial, artisanal or professional activities.  Customers must be only adult and capable of concluding a legally binding contract.  If a person is a minor and wishes to place an Order, the person must obtain the consent and agreement of his or her parent or other legal representative to the Terms and Conditions. 

1.4.  The resale or transfer of the Products purchased on the Website for any commercial or professional purpose whatsoever is expressly prohibited.

1.5.   The Products offered for sale on the Website may only be purchased if to be delivered to a physical address in Japan (excluding P.O. Boxes, poste restante or freight forwarder addresses).

1.6.  The languages used to execute sale contracts through the Website are: English, or Japanese. The English and Japanese versions of such sale contracts shall be equally valid, however, in the event of any discrepancy, the Japanese version shall prevail.

1.7.  The Terms and Conditions are published on the Website for Customers’ information and record-keeping purposes.

1.8.  The purchase of the Products is exclusively governed by the Terms and Conditions published on the Website and in force at the time of the relevant purchase.

1.9.  CHURCH’S reserves the right to amend and/or replace the Terms and Conditions at any time. 

1.10.  Any amendments to and/or replacement of the Terms and Conditions shall only be effective in respect of purchases of Products made after the date that the amended or new version of the Terms and Conditions is published and is stated to take effect.

1.11.  If CHURCH’S amends or replaces the Terms and Conditions, any previous version of the Terms and Conditions will not apply to any purchases made after the amended or replaced Terms and Conditions come into effect. 

1.12.  Unless otherwise defined, the following terms have the following meanings in this Terms and Conditions

a)      “Buy Button” has the meaning set forth in Clause 3.8.

b)     “Confirmation Email” has the meaning set forth in Clause 4.4.

c)      “Consent” has the meaning set forth in Clause 10.3.

d)     “Customer” and “Customers” have the meaning set forth in Clause 1.3.

e)     “Markdown Product” has the meaning set forth in Clause 3.15.

f)        “Normal Product” means the Product other than the Pre Ordered Product, or Markdown Product.

g)       “Pre-ordered Product” has the meaning set forth in Clause 3.15.

h)     “CHURCH’S” has the meaning set forth in Clause 1.2.

i)       “Products” has the meaning set forth in Clause 1.1.

j)       “Order” has the meaning set forth in Clause 2.2.

k)       “Shopping Bag” has the meaning set forth in Clause 3.3.

l)        “Terms and Conditions” has the meaning set forth in Clause 1.1.

m)    “Website” has the meaning set forth in Clause 1.1.

 

2. Product availability

 

2.1.  The Customer acknowledges that the Products are limited in quantity and he/she is therefore aware that CHURCH needs to check the availability of Products at the time an Order is placed.

2.2.  Occasionally, certain Products may become unavailable. In such circumstances, CHURCH’S will inform the Customer promptly (and in any case within the deadlines specified below) by email that the order placed by the Customer (“Order”) has been cancelled. All Orders placed by Customers are subject to acceptance by CHURCH’S in accordance with Section 4. CHURCH’S gives no undertaking as to the availability of the Products.

2.2.  Occasionally, certain Products may become unavailable. In such circumstances, CHURCH’S will inform the Customer promptly (and in any case within the deadlines specified below) by email that the order placed by the Customer (“Order”) has been cancelled. All Orders placed by Customers are subject to acceptance by CHURCH’S in accordance with Section 4. CHURCH’S gives no undertaking as to the availability of the Products.

In the event the Products ordered by the Customer are only partially available: -

(i) CHURCH’S will inform the Customer the Products which are unavailable and accept the Order in respect of the Products which are available.

(ii) If the Customer has requested to collect Products designated by CHURCH’S from designated stores (subject to Clause 6.15), CHURCH’S will ask the Customer whether he/she wishes CHURCH’S to accept the Order in respect of the Products which are available or wishes to cancel the Order. If CHURCH’S does not receive the Customer’s reply within 72 hours, CHURCH’S will cancel the Order.

2.3.  CHURCH’S reserves the right to vary the Products offered for sale on the Website at any time without prior notice.

 

3. Purchasing process

 

3.1.  Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the Product details, including images, unit pricing, colours, and sizes (as applicable).,

3.2.  The Customer may purchase one or more Products, except as otherwise provided. CHURCH’S reserves the right to vary these limitations at its discretion at any time.

3.3.  The Products selected for purchase by the Customer shall be placed into the Customer’s ‘shopping bag’ section of the Website ("Shopping Bag").  Items placed in a Customer’s Shopping Bag are not reserved for that individual Customer and may still be purchased by other Customers.

3.4.  A description of the Products, including measurements or sizes (if applicable), together with one or more images of the Product will be displayed in the Customer's Shopping Bag.

3.5.  Although CHURCH’S takes reasonable steps to ensure that the photographs displayed on the Website accurately reflect the original Products, there may be some discrepancies due to the technical characteristics and colour resolution of the device used by the Customer. CHURCH’S shall not be responsible for inadequacy of the graphic representations of the Products displayed on the Website. Any measurements of the Products given are approximate only, and colours, fabrics and designs of the Products displayed, and the Products delivered to the Customer, may vary in minor respects.

3.6.  To view the Products selected and the total price of any proposed Order, the Customer may visit the Shopping Bag page.

3.7.  Before confirming the relevant Order, the Customer must check the accuracy of the contents of the Shopping Bag and complete the Order form in accordance with the instructions provided on the Website.

3.8.  The Order process is completed as soon as the Customer clicks the relevant final Order confirmation button ("Buy Button"), thereby confirming his/her Order, which will be submitted to CHURCH’S.

3.9.  After clicking the Buy Button, the Customer will not be able to modify the contents of the Order but may cancel the Order prior to the sending by CHURCH’S of the Confirmation Email referred to in Clause 4.4, by notifying CHURCH’S’s Client Service at client.service.jp@church-footwear.com.

3.10.  Before clicking the Buy Button, the Customer must confirm that he/she has read and accepted the Terms and Conditions. At the end of the Order process, the Customer should save or print the Terms and Conditions for future reference.

3.11.  If the Order process is not completed, the Order will not be submitted to CHURCH’S for processing.

3.12.  The Customer agrees and understands that CHURCH’S may collect, use, store and process the Customer’s personal information in accordance with CHURCH’s Privacy Policy published on the Website.  For details on the manner in which CHURCH’S uses cookies, the type of information CHURCH’S collects, how and for what purposes, CHURCH’S uses the Customer’s personal information and under what circumstances CHURCH’S discloses information, please see CHURCH’S’ Privacy Policy and Cookie Policy published on the Website.

3.13.  Customers who have registered for an account on the Website may check their Order status by logging on to their account on the Website and accessing the ‘My Orders’ page.

3.14.  The Customer must ensure that any data entered on the Website or otherwise provided to CHURCH’S in relation to a purchase is accurate, complete and up-to-date.

3.15.  The Customer may have the opportunity to pre-order on the Website a selection of Products before their commercial launch or distribution and placement in the market. These Products (“Pre-Ordered Products”) are clearly defined and marked on the Website as “Pre Order” or “Pre Ordered Product”.

The Customer may also have the opportunity to order on the Website a selection of products at a discounted price.  These Products (“Markdown Products”) are clearly defined and marked on the Website as “Markdown Products”.

3.16.  Except as otherwise provided in the Terms and Conditions in relation to Pre Ordered Products, and Markdown Products, all the Terms and Conditions will apply to the sale of Pre-ordered Products, and Markdown Products on the Website.

 

4. Execution of contract

 

4.1.  All information on the Website is an invitation to treat only and is not an offer by CHURCH’S.  The Customer agrees that any Order placed by the Customer is an offer to purchase the Products listed in the Order on the Terms and Conditions.  All Orders submitted are offers to purchase which are subject to acceptance by CHURCH’S. 

4.2.  The Order placed by the Customer shall only be processed by CHURCH’S if the Order process has been completed without any error being reported by the Website.

4.3.  After the Customer has successfully placed an Order, CHURCH’S will send an email to the Customer acknowledging that CHURCH’S has received the Order. This email is an acknowledgment of receipt of the Order and does not mean that CHURCH’S has accepted the Order. 

4.4.  The contract by and between CHURCH’S and the Customer is concluded as soon as CHURCH’S sends the Customer a confirmation email ("Confirmation  Email") which confirms CHURCH’S acceptance of the Order. The Confirmation Email will include the Order number.  If the acceptance is only partial due to the unavailability of some of the Products ordered, the contract is concluded only with respect to the accepted Product.

4.5.  The Confirmation Email will be sent to the email address provided by the Customer in the Order form. 

4.6.  CHURCH’S reserves the right not to accept an Order, for any reason in its discretion without liability to the Customer.  The following are examples of situations when CHURCH’S may not accept an Order:

a)            any or all of the Products included in the Order are unavailable (either permanently or temporarily, except in the case of Pre Ordered Products);

b)           there is a dispute between CHURCH’S and the Customer relating to a previous Order;

c)            the Customer has previously breached the Terms and Conditions or has not fulfilled his/her obligations under the Terms and Conditions;

d)           CHURCH’S has grounds to suspect that the Customer is purchasing the Products in contravention of the Terms and Conditions (for example, in order to resell them or use them for commercial purposes);

e)           the Customer has been involved in, or is suspected of being involved in, illegal or fraudulent activities;

f)             CHURCH’S has grounds to suspect that any data provided by the Customer is or may be inaccurate or untrue;

g)            the Products which have been ordered by the Customer are incorrectly priced (including if there was an error in the price for a Product displayed on the Website) or otherwise incorrectly described; 

h)           the Customer’s payment method is declined;

i)             the Customer has ordered quantities of an individual Product exceeding any quantity limits imposed by CHURCH’S;

j)             shipping restrictions may apply to a Product;

k)            CHURCH’S is unable to fulfil the Customer’s Order; or

l)             the delivery address given by the Customer is the address of an entity or individual providing freight forwarding services.

4.7.  The decision of CHURCH’S not to accept or to cancel an Order shall be final and binding.  CHURCH’S is not required to give reasons for not accepting a Customer’s Order.

4.8.  If CHURCH’S does not accept an Order, CHURCH’S shall inform the Customer within five (5) business days of the date of receipt of the Order. If CHURCH’S does not accept an Order, no contract is concluded between CHURCH’S and the Customer.  

 

5. Price and Method of Payment

 

5.1.  Prices displayed on the Website are in Japanese Yen (JPY).

5.2.  CHURCH’S will obtain the Customer’s consent before charging any additional costs.

5.3.  The Customer will see the total price displayed in the Shopping Bag immediately prior to the Customer confirming the Order by clicking the Buy Button. This amount will be captured to the Customer’s chosen payment method once the Customer receives a Confirmation e-mail from CHURCH’S informing him/her that the Order has been received by CHURCH’S.)

5.4.  CHURCH’S reserves the right to modify prices at any time and without notice.

5.5.  CHURCH’S only accepts the credit cards, cash on delivery and other payment methods expressly indicated on the Website.

5.6. For the purposes of credit card payments, the Customer confirms and warrants that he/she is the owner of, or is otherwise authorized to use, the credit card used for the purchase, and that the card information entered at the time of purchase (including but not limited to the credit card number, expiry date and, if applicable, the security code) is accurate.

5.7.  CHURCH’S takes no responsibility for, and is not under any duty to verify, the Customer’s ownership of or authorization to use the credit card presented for payment or the accuracy of the card information entered at the time of purchase.

5.8.  Although the product price is displayed in the Shopping Bag before the Customer clicks the Buy Button, the Customer will not be charged this amount at the time of submission of the Order.  The Customer will only be charged after:

a)      the verification of the credit card data

b)     receipt from the company issuing the credit card used by the customer of the debit authorisation, and

c)      our confirmation that the product is available and, in any event, after the order is ready to be processed.

5.9.  Notwithstanding the foregoing, in case the orders of contain Pre Ordered Products, the relevant amount shall be charged in advance at the moment the Customer receives a Confirmation e-mail from CHURCH’S informing him/her that the Order has been received by CHURCH’S, even if they are not yet available at that moment.

5.10.  If the Customer pays by way of another payment method (other than credit card or the cash on delivery), the Customer confirms and warrants that he/she is the owner of, or is otherwise authorized to use, the account used for the purchase.  CHURCH’S takes no responsibility for and is not under any duty to verify the Customer’s ownership or authorization to use such account.

5.11.  All credit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider (including the courier company responsible for settlement of the amount in case the Customer has selected the cash on delivery; hereinafter the same).  If the issuer of the Customer’s card or payment method provider refuses to authorise payment, CHURCH’S will not accept the Customer’s Order and CHURCH’S will not liable for any delay or non-delivery.  CHURCH’S is not obliged to inform the Customer of the card issuer or payment method provider’s reason for refusing authorisation.

5.12.  CHURCH’S is not responsible for any charges or other amounts which may be applied by the Customer’s card issuer or bank or payment method provider as a result of CHURCH’S’s processing of the Customer’s credit card payment or other method of payment to fulfil the Customer’s Order.

5.13.  If the Customer’s credit card or payment method is not denominated in the currency of the Customer’s purchase indicated on the Website, the final price may be charged in the currency of the Customer’s card or account.  Such final price is calculated (and any additional fees charged) by the Customer’s card issuer or bank or payment method provider. CHURCH’S shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by the Customer as a result of the Customer’s card issuer or payment method provider charging the Customer in a different currency other than the currency of the Customer’s purchase as displayed on the Website.

5.14.  Except where the Customer has selected the cash on delivery as a method to pay the amount, CHURCH’S will only ship the Products after due payment of the amount owed by the Customer.

5.15.  In the event the Customer cannot be charged the amounts due for any reason whatsoever, the Order process shall be automatically terminated and the Order cancelled.  CHURCH’S will notify the Customer accordingly.

5.16.  CHURCH’S endeavours to ensure that all pricing information on the Website is correct.  Occasionally, however, an error may occur (such as a typographical error or similar oversight) and Products may be mispriced.  If a Product’s correct price is different from the price stated on the Website, CHURCH’S will contact the Customer and ask the Customer whether the Customer wishes to cancel the Order and place a new Order at the correct price, and/or not accept the Customer’s Order.  CHURCH’S will not be obliged to accept an Order where the pricing of any Product that is part of the Order is incorrect due to an error. 

 

6. Delivery

 

6.1.  Except as provided otherwise below, the Products shall be delivered to the address indicated by the Customer in the Order. A signature will be required upon delivery of the Products. CHURCH’S and its third party delivery services provider will not be responsible for verifying the identity of the person signing to accept delivery.

6.2.  CHURCH’S shall not process or deliver any Order addressed to a post office box and P.O. Boxes or accept any Order from a Customer who CHURCH’S suspects may not be a natural person (for example, a company or other incorporated entity).

6.3.  The Products offered for sale on the Website may only be purchased and delivered to addresses in the territory indicated above in Clause 1.5. Any Order with a delivery address outside of this territory shall be automatically rejected by CHURCH’S.

6.4.  CHURCH’S shall not be responsible for any delay in delivery or failure to deliver Products if the Customer’s delivery address as provided on the Order form is incorrect, inaccurate or incomplete.

6.5.  CHURCH’S will endeavour to dispatch the Products purchased within four (4) business days from the day following the day CHURCH’S accepts your Order, or in respect of Pre Ordered Products or any Order including a Pre Ordered Product on or around the estimated delivery date for any Pre Ordered Product included in the Order shown to the Customer in the Product page description and / or in the Shopping Bag. However, if an unforeseen event that is outside the reasonable control of CHURCH’S or its third party delivery services provider affects the delivery of the Order, then CHURCH’S or its third party delivery services will not be liable for any loss, damage, cost or expense suffered or incurred by the Customer as a result of the delay in delivering the Order.

6.6.  Any date of delivery provided by CHURCH’S is an estimate only and CHURCH’S will not be liable for any loss or damage caused if the Order is not available or delivered by that date.  Similarly, any delay does not relieve the Customer from the Customer’s obligation to accept delivery of and pay for the Order.

6.7.  If CHURCH’S does not deliver the Products within the timeframe set out above, the Customer may request that CHURCH’S provide a revised delivery date estimate for when the Products will be delivered to the Customer.

6.8.  Either CHURCH’S or the Customer may immediately terminate the Order if the Product(s) ordered are not delivered by the revised delivery date estimate provided by CHURCH’S. CHURCH’S will promptly refund to the Customer any payments made for the terminated Order.  

6.9.  The Customer’s sole remedy for any failure to deliver his/her Order shall be the right to cancel or terminate the relevant Order and receive a full refund of any monies paid to CHURCH’S in respect of that Order.

6.10.  CHURCH’S reserves the right to split an Order into multiple shipments according to availability of the Products. CHURCH’S shall inform the Customer by email if it intends to do this. 

6.11.  The Customer will receive an email containing a shipment tracking code and a unique link that will allow the Customer to monitor the delivery (subject to delivery status information being provided to CHURCH’S by its third party delivery services provider).

6.12.  If a Customer has any queries relating to shipment or delivery, he/she may contact CHURCH's Client Service by email at: client.service.jp@church-footwear.com.

6.13.  Unless the Customer has selected the cash on delivery as a method to pay the amount, as an alternative to having the Products delivered, the Customer may request to collect Products designated by CHURCH’S from designated stores. The Customer will have the opportunity to select a store from which to collect at the time of purchase. If the Customer does not collect the Products within fourteen (14) days (In case of markdown products, seven(7) days) of the date on which CHURCH’S sends the Customer an email confirming the Products are available for collection, CHURCH’S may cancel the Order. In such case, the Customer shall be informed of the cancellation and CHURCH’S will promptly refund to the Customer any payments made for the cancelled Order.

6.14.  For Orders that are delivered to the Customer’s address, the Customer shall bear the risk of loss or damage to the Products from the moment that they are delivered in accordance with Clause 6.1. For Orders that are delivered to a store in accordance with Clause 6.14 risk of loss or damage to the Products will pass to the Customer at the time that the Products are collected by the Customer.

6.15.  If the Products are damaged prior to delivery in accordance with Clause 6.1 or collection from a store in accordance with Clause 6.13 (as applicable), CHURCH’S will refund the Customer any amount already paid.

 

7. Product Conformity

 

7.1.  At the time of delivery, the Customer must check that the packaging and any seals are intact, undamaged, and not wet. The Customer must also check the Products delivered to confirm that they match the Order and that the Products do not show any manufacturing defects or otherwise fail to match the description on the Website.

7.2.  In the event of existence of manufacturing defects in the Products ordered through the Website, the Customer shall be entitled, within a period of twelve (12) months from the date of delivery of the Products to request a refund or replacement,  or within a period of two (2) years from the date of delivery of the Products to request a repair of the Product (at CHURCH’S option). In the event the customer complies with the procedure set forth in the general terms and conditions of sales, we will pay return shipping costs for defective products.

7.3.  To the maximum extent permitted by applicable law, CHURCH’S disclaims and excludes all other terms, conditions and warranties in relation to the Products and services whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.

7.4.  To notify CHURCH’S of any defects in the Products, Customers may contact CHURCH’S at the addresses indicated in section 13 below.

 

8. Returns and refunds - Withdrawal

 

8.1.  Except in the case of Non-Removable Products indicated not returnable and Markdown Products, Customers may withdraw from the contract in respect of all or any Products ordered and request to return those Products within fourteen (14) days of the date of delivery of the Order. In the event that Products in an Order are delivered separately, the period of fourteen (14) days for a particular Product shall begin on the delivery date of that Product.

8.2.  In order to exercise the right of withdrawal, Customers must follow the procedure set out in the Return Instructions enclosed with the Products.

8.3.  Provided that the Customer complies with the procedure set out in the Return Instructions, the courier appointed by CHURCH’S shall collect the parcel containing the Products to be returned at no charge to the Customer.

8.4.  If, on the other hand, the Customer does not comply with the procedure set out in the Return Instructions, the return costs and any liability for loss, theft, damage or delay in the return of the Products to CHURCH’S shall be borne by the Customer.

8.5.  The Customer may request the address that the Products must be returned to by contacting CHURCH’S at the following email address: client.service.jp@church-footwear.com.

8.6.  The Customer must return the Products which he/she has decided to return without undue delay and, in any case, within fourteen (14) days of the date that the Customer notifies CHURCH’S that he/she wishes to return some or all of the Products. 

8.7.  Products must be returned in the same condition in which they were delivered and should be in their original packaging. The Customer must ensure that the Products are undamaged and complete, never been used or worn and returned in their original packaging, equipped with all the labels, tags and security tags, correctly attached in their original  positions  as per receipt.

8.8.  CHURCH’S shall check the packaging, labelling and condition of each Product returned, and that the Product has been returned in a manner that meets all of the conditions and requirements set out above.

8.9.  CHURCH’S reserves the right to reject the return of Products that appear to have been damaged, deteriorated, stained or appear to be in a condition that indicates that they have been used for purposes other than those which are strictly necessary for the Customer to ascertain the nature and features of the Product purchased.

8.10.  In the event the return is rejected, CHURCH’S shall send a specific notice to the Customer and shall consequently not proceed to credit the amount paid by the Customer, reserving the right to recover compensation for any damage attributable to the Customer.

8.11.  CHURCH’S shall refund any amounts due for the Products returned after receiving a refund request from the Customer and verifying that they are in the required condition.

8.12.  The refund shall be made by crediting the amount paid by the Customer with the same payment method to the same card or account used for the purchase; provided, however, that, if the Customer has selected the cash on delivery as a method to pay the amount, the refund shall be made by a wire transfer of such amount paid by the Customer to a bank account designated by the Customer.

8.13.  In case the Customer has selected the credit card as a method to pay the amount, CHURCH’S shall refund the amount paid by the Customer within 7 business days and after the completion of the verification under Clause 8.11.  In case the Customer selected the cash on delivery as a method to pay the amount, (i) if the Customer has requested a refund and the verification has been completed under Clause 8.11 during a period from 1st to 15th of a certain month, CHURCH’S shall refund the amount paid by the Customer on or before 25th of the same month.  (ii) If the Customer has requested a refund and the verification has been completed under Clause 8.11 during a period from 16th to the end of a certain month, CHURCH’S shall refund the amount paid by the Customer on or before 10th of the immediately following month. CHURCH’S is not responsible for the time required by financial institutions to process refunds.

8.14.  CHURCH’S shall confirm the refund to the Customer by email.

8.15.  CHURCH’S shall not be under any obligation to refund any delivery costs paid by the Customer in respect of the Products.

8.16.  The return of Products under this section is only permitted in respect of purchases made on the Website.

 

9. Limitation of liability

 

9.1.  Except in the event of wilful misconduct or gross negligence, CHURCH’S shall in no way be liable to the Customer for any economic losses, loss of goodwill or reputation or other indirect or consequential loss or damages that may arise from the Customer’s purchase of the Products offered for sale on the Website or otherwise arising out of or in connection with the Customer’s use of or access to the Website.

9.2.  CHURCH’S will not be responsible for any delay or failure to perform or comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond CHURCH’S’s reasonable control.

 

10. Product authenticity and intellectual property rights

 

10.1.  CHURCH’S warrants the authenticity of all the Products offered for sale on the Website.

10.2.  The "CHURCH’S" trade mark, as well as all the figurative and non-figurative marks and, more generally, all the other trade marks, illustrations, images and logos found on the "CHURCH’S" products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of CHURCH’S or an affiliated PRADA Group company (being a subsidiary whether directly or indirectly held, of Prada S.p.A.) (as applicable). The reproduction, in whole or in part, modification, tampering or use of such trade marks, illustrations, images and logos, for whatever reason and on any support, is strictly forbidden.

10.3. All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website ("Content"), is either owned or licensed by CHURCH’S (or a PRADA Group Company), and is protected by applicable copyright laws and treaties around the world. All rights in respect of the Content are reserved.

10.4  .Subject to these Terms and Conditions, CHURCH’S grants the Customer a revocable, and non-exclusive licence to access and make personal use of the Website, provided however that the Customer must not:

a)      use the Website in any way which may prejudice or damage the reputation of CHURCH’S;

b)     use the Website for any commercial or business purposes. The Website is for personal, non-commercial use only; or

c)      use software, robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on CHURCH’S’s infrastructure.

10.5.  CHURCH’S may terminate the limited licence in this section at any time in its sole discretion without prejudice to any other remedy CHURCH’S may have against the Customer pursuant to applicable law for any reason whatsoever, including for any breach of these Terms and Conditions.

10.6.  CHURCH’S endeavours to ensure that the information posted by it on the Website is accurate and complete. CHURCH’S does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, CHURCH’S does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful or that the Website will not be hacked. CHURCH’S recommends that all Customers ensure they have up to date virus checking software installed.

 

11. Disputes

 

11.1.  The Terms and Conditions are governed by the laws of Japan and shall be construed accordingly. 

11.2.  In the event of a dispute arising from the interpretation and/or application of the Terms and Conditions, the Tokyo District Court shall have exclusive jurisdiction for the first instance.

11.3.  The Terms and Conditions are severable.  If any provision of the Terms and Conditions is found by a court to be invalid, illegal, void or unenforceable, such provision shall be deemed to be deleted from these Terms and Conditions and the other provisions of these Terms and Conditions shall remain valid and enforceable.

11.4.  Data recorded on the Website concerning the Customer’s transactions and purchases of Products shall be deemed to be a complete and accurate record for all purposes.

 

12. General

 

12.1. These Terms and Conditions, including any policies or documents referred to in these Terms and Conditions, are the entire agreement and understanding between the Customer and CHURCH’S on everything connected with the subject matter of these Terms and Conditions and supersedes any prior agreement or understanding on anything connected with that subject matter.

12.2. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given. 

 

13. Contact details

 

13.1.  To make a complaint or to get additional information or assistance in relation to the Website, these Terms and Conditions or the Order process, Customers may send an email to the following address: client.service.jp@church-footwear.com.

13.2.  CHURCH’S may send any notices under these Terms and Conditions by email to the email address provided by the Customer. Notice is deemed to be received by the Customer when the email leaves CHURCH’s computer system.

 

Last updated 28th of May, 2020

CHURCH’S, Shin-Nogizaka Bldg. 1-15-14, Minami-Aoyama, Minato-ku, Tokyo

 

 

DISCLOSURE UNDER SPECIFIED COMMERCIAL TRANSACTIONS ACT OF JAPAN

Name of Seller: Church Japan Company Limited

Representative: Davide Sesia

Address: Shin-Nogizaka Bldg. 1-15-14, Minami-Aoyama, Minato-ku, Tokyo

Telephone Number: 0120-45-1913 (CHURCH’S Client Service)

E-mail Address: client.service.jp@church-footwear.com (CHURCH’S Client Service)

Sales Price: The sales price (inclusive of consumption taxes) is made available on a webpage for each product.

Other Amounts Payable by Customers: No

Shipping Costs: Free of Charge.

Special Conditions of Sales:

1. Each sale shall concern one or several products.

2. The products are subject to stock limits.

Payment Method:

Credit Card, Cash on delivery or and the other payment methods expressly indicated on the Site.

Cash On Delivery

 Available for purchases of up to 300,000 yen (tax included). The fee for cash on deliver is free.

Timing of Payment:

1. Transaction amounts shall be charged to the customer only following: (a) the verification of the credit card data, (b) receipt from the company issuing the credit card used by the customer of the debit authorisation, and (c) our confirmation that the product is available and, in any event, after the order is ready to be processed.  

2. In case the orders contain Pre Ordered Products, the relevant amount only for Pre Ordered Products shall be charged in advance at the moment the Customer receives a Confirmation e-mail from CHURCH’S informing him/her that the Order has been received by CHURCH’S, even if they are not yet available at that moment. 

3. In the case of cash on delivery, please pay to the courier company by cash or credit card when the products arrive.

Timing of Delivery:

The products will be dispatched within four (4) business days from the day following the day CHURCH’S accepts your Order.

Return Policy:

We accept return of products in accordance with the general terms and conditions of sales within 14 (fourteen) days from the shipped date of the products. Please note we do not accept Markdown Products returns.  In the event the customer complies with the procedure set forth in the general terms and conditions of sales, we collect the products to be returned with no charges to the customer.

Defective Products:

In the event of existence of manufacturing defects in the Products ordered through the Website the Customer shall be entitled, within a period of twelve (12) months from the date of delivery of the Products to request a refund or replacement, or within a period of two (2) years from the date of delivery of the Products to request a repair of the Product (at CHURCH’S’ option). In the event the customer complies with the procedure set forth in the general terms and conditions of sales, we will pay return shipping costs for defective products.

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