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UNDERCOVER
TERMS OF USE

UNDERCOVER
TERMS OF USE

TERMS OF USE

UNDERCOVER Online Store (hereinafter referred to as "this Site") is managed and operated by the following entities.

This Site is jointly operated by UNDERCOVER Co., Ltd., and BBF, Inc.
UNDERCOVER Co., Ltd., (hereinafter referred to as "UNDERCOVER") entrusts the sales of goods (hereinafter the goods sold on this site are referred to as “Goods”) to BBF, Inc. (Head Office: 7th floor, Uchisaiwaicho Tokyu Building, 1-3-2 Uchisaiwaicho, Chiyoda-ku, Tokyo) (hereinafter referred to as "BBF"). These parties jointly operate and manage this Site. (Hereinafter, the two companies, UNDERCOVER Co., Ltd. and BBF, Inc., collectively referred to as “we,” “us,” “our,” or “the Company.")

Article 1 (Application of These Terms): The Terms of Use and related terms (including the Terms of Membership, Privacy Policy, and other regulations on this Site, hereinafter referred to as “these Terms") shall apply to the use of this Site by customers (including the Members defined in the Terms of Membership; the same shall apply hereinafter).

Article 2 (Use of this Site): Customers shall use this Site in accordance with these Terms, and they are deemed to have agreed to these Terms by using this Site. Notwithstanding the provisions of paragraph 1 of this article, in the event that we suffer damage as a result of the violation of these Terms by a customer, the customer shall be responsible for compensation for such damage and expenses.

Article 3 (Purchase of Goods)

1. Customers can purchase goods using this Site.
2. BBF is entrusted by UNDERCOVER to sell goods that are sold on this Site (hereinafter referred to as "Goods") as a subcontractor authorized by UNDERCOVER.
3. If customers wish to purchase Goods, they shall apply for the purchase of Goods in accordance with the method specified on this Site. When customers order Goods on this Site, they will receive an e-mail containing the details of the order in the name of the UNDERCOVER Online Store (hereinafter referred to as "order completion e-mail") from BBF. When such an order completion e-mail reaches the customer, a sales contract for the Goods shall be concluded between the said customer and this shop. However, if a customer purchases multiple Goods in one order, a sales contract for the Goods is not considered to have been concluded for the Goods not listed in a shipment notification e-mail.
4. If, for whatever reason, the correct selling price of the Goods differs from the price indicated on this Site, we will, at our discretion, (a) notify the customer thereof prior to shipping and ask the customer to instruct us to ship the Goods after confirming the correct selling price again, or (b) cancel the order and notify the customer thereof. It must be noted that a customer is not allowed to purchase Goods at the wrong price.
5. The color may differ slightly between the image on this Site and the actual Goods depending on the settings of the monitor used by the customer or other factors, but it must be noted that the customer is not allowed to return nor to exchange the Goods for such reason.
6. The size of the Goods may vary depending on the fabric and design of the Goods or the brand, but it must be noted that a customer is not allowed to return nor to exchange the Goods for such reason.
7. Orders that include prerelease Goods (preorders etc.) or order-made Goods will be shipped on the release date of such Goods.
8. The Goods ordered separately on the same day or on different day cannot not be combined nor switched.
9. If customers wish to pay on delivery, a cash on delivery fee will be charged separately. However, cash on delivery is only available when the amount per order is not more than 1000,000 yen (including tax), regardless of the number of Goods ordered at one time. If customers prefer cash on delivery and have purchased multiple items at the same time, which have amounted to more than 350,000 yen (including tax) in total, they shall place multiple orders to ensure that the amount per order is not more than 350,000 yen (including tax).
10. Because of the system specifications of this Site, the period from the customer’s application to our approval is short. Therefore, we cannot withdraw the customer’s application even before the conclusion of a sales contract. If there are special circumstances and customers wish to withdraw their application before our approval, they may contact us.

Service hours: 10 a.m. to 5 p.m. (excluding year-end and New Year holidays)
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11. Regardless of the payment method chosen by a customer, ownership of all the Goods purchased on this Site will transfer to the customer when they are delivered to the customer by the shipping company designated by us. However, if the Goods are lost intentionally or by mistake by the shipping company before arriving at the designated destination, we will be liable for the loss.

Article 4 (Payment)

1. Regarding the payment method and means when purchasing Goods using this Site, a credit card in the name of the customer or the TA-Q-BIN Collect (cash on delivery) service provided by Yamato Transport Co., Ltd., is available. When paying by credit card, the customer shall be subject to the conditions separately contracted with the credit card company.
2. In the event of a dispute between a customer and a credit card company, a brokerage agency of advance payment over the fees or other obligations regarding the customer’s payments related to this Site, the dispute shall be resolved between the customer and the relevant parties.

Article 5 (Shipping Fee): The shipping fee for the Goods purchased on this Site will be borne by a customer, except in the case of various campaigns.

Article 6 (Returns)

1. Customers shall bear the shipping fee for returning the Goods purchased on this Site. However, if the return is due to reasons attributable to us, we will refund the said shipping fee.
2. For any reason, we will only accept returns of the Goods if customers contact us in advance within 14 days after the arrival of the Goods. However, if any of the following items apply, we will refuse returns in either case.
1. (1) If the return is due to the difference in color, fabric, or design from the actual Goods
2. (2) If the return is due to the customer’s own convenience, such as the difference in size
3. (3) If more than 14 days have passed since the arrival of Goods
4. (4) If there is evidence that the Goods have already been used (wrinkles, scratches, odors, etc.)
5. (5) If the Goods are purchased at the store
6. (6) If there is no tag attached to the Goods
7. (7) If any part of the Goods or accessories are missing
8. (8) If there is no delivery slip enclosed at the time of shipment
9. (9) If we determine that it is not appropriate to return the Goods for any other reason than the above items
Service hours: 10 a.m. to 6 p.m. (excluding year-end and New Year holidays)
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3. The provisions of this article are all the guarantees that we bear to the customer regarding the Goods purchased on this Site. We shall not assume any other liability to the customer than what is provided for in this article.

Article 7 (Cancellation of Sales Contract)

1. If any of the following cases apply, we may cancel the sales contract with the customer even after the order completion e-mail arrives.
1. (1) When the User orders goods that have been on back order for a long time or discontinued goods
2. (2) When the order exceeds the quantity limit (procurable quantity) for limited goods
3. (3) When the User orders out-of-stock goods
4. (4) When the customer does not receive the Goods and gives no response even if we make a demand that specifies a reasonable period of time (about seven days from the first delivery date), or when the customer does not respond to a phone call from us
5. (5) When there is a significant error in the indicated price of the goods
6. (6) When false facts are found in the personal information of the customer
7. (7) When the customer falls under the prohibited items stipulated in Article 14 of these Terms
8. (8) In other cases where we deem it appropriate based on reasonable grounds in light of conventional wisdom
2. If we cancel the sales contract with the customer based on the preceding paragraph, we will refund the price paid by the method stipulated in Article 4. We shall not be liable for interest on the return price and for compensation for damages in the case of such cancellation.

Article 8 (Content Changes, Suspension, and Discontinuation of this Site)

1. In the following cases, we may change the content of this Site or suspend or discontinue all or part of the provision of this Site without prior notice to customers.
1. (1) When we carry out regular maintenance or emergency maintenance of this Site, or when unavoidable because of construction work
2. (2) When a Type I telecommunications carrier suspends telecommunications services
3. (3) When it becomes difficult to provide services through this Site because of force majeure, such as natural disasters, power outages, and wars, or acts of interference by a third party
4. (4) When this shop determines, for any reason, that it is necessary to change the content of, suspend, or discontinue this Site for operational or technical reasons.
2. When we determine that it is necessary, we may suspend or discontinue the use of this Site by customers without prior notice to customers.
3. We shall not be liable for any damage caused to customers because of the content change, suspension, or discontinuation specified in paragraphs 1 and 2 of this Article.

Article 9 (Copyrights): The rights to the content (text, images, videos, sounds, programs, etc.) posted on this Site shall belong to UNDERCOVER or its subcontractor BBF or shall be used by our affiliates based on a license. Unauthorized reproduction of articles, photographs, or illustrations on this Site without our prior consent is prohibited.

Article 10 (Links): If you set up a link to this Site, we may refuse the setting of such link depending on the content of the linked site and the method of linking. In addition, this Site shall not guarantee the content of any linked site and shall not be responsible for any damage caused in connection with the linked site.

Article 11 (Trademarks): All trademarks and service marks appearing on this Site are trademarks owned by or used under license or other legitimate authority by us or our affiliates. Unauthorized use is prohibited.

Article 12 (Disclaimer)

We cannot guarantee the completeness, accuracy, certainty, or usefulness of the content of this Site and the information that the customer obtains through or in connection with this Site. In addition, we cannot guarantee that the Goods listed on this Site are in stock and that the Goods ordered by the customer will be provided without fail. In addition, the prices, specifications, and release dates of all the Goods listed on this Site are subject to change without notice. We shall not be liable for the information posted on this Site nor problems, losses, or damages caused by the use of this Site. In addition, we shall not be liable for the following damage to the customer, regardless of the reason, cause, nature, or result of the damage:

1. Any damage caused by inaccuracies, errors, or leaks of information provided on this Site or any damage caused by access to this Website or failure to access (including virus infections etc.)
2. Any damage caused by interruption or discontinuation of operation of this Site
3. Any damage caused as a result of the information provided on this Site being modified by an intrusion of a third party

Article 13 (Compensation): If a dispute arises because of or in connection with the use of this Site by the customer, the violation of these Terms and other provisions by the customer, or the infringement of the rights of a third party by the customer, it shall be settled at the customer’s own expense and responsibility. In connection with the dispute, if we incur costs or pay compensation, the customer shall bear the said costs or compensation.

Article 14 (Prohibitions)

In using this Site, customers shall not conduct any of the following acts:

1. Act that infringes or may infringe the property or privacy of a third party or the Company
2. Act that causes or may cause a disadvantage or damage to a third party or the Company
3. Act of providing false information through or in connection with this Site
4. Act that is or may be offensive to public order and morals
5. Criminal acts or acts that lead or may lead to criminal acts
6. Act of making false declarations or notifications, such as registering another person's e-mail address
7. Act aimed at business activities or profit or act aimed at the preparation thereof
8. Act that damages the honor or credibility of a third party or the Company
9. Act that uses or provides or may use or provide harmful programs, such as computer viruses
10. Other acts that violate or may violate laws and regulations or ordinances
11. Other acts considered to be improper by the Company for any reason

Article 15 (Governing Law and Jurisdiction): The use of this Site and the interpretation and application of these Terms shall be governed by the laws of Japan. Unless otherwise specified, the Tokyo District Court shall be the court of first instance with exclusive jurisdiction for all disputes related to the use of this Site.

MEMBERSHIP AGREEMENT

Article 1 (Application of These Terms): Those who have registered as a member (hereinafter referred to as "Member") on the website "UNDERCOVER Online Store" (hereinafter referred to as "this Site") operated by UNDERCOVER Co., Ltd., and BBF, Inc., (hereinafter collectively referred to as “we,” “us,” “our,” or “the Company") may purchase goods listed on this Site (hereinafter referred to as "Goods") based on the Terms of Use and the Terms of Membership (hereinafter referred to as "these Terms") posted on this Site.

Article 2 (Member Definition)

1. A Member refers to a person who has accepted these Terms and has completed membership registration on this Site in accordance with the procedure prescribed by the Company.
2. Anyone who wishes to register as a Member shall apply for membership registration in accordance with the procedure specified on this Site. The membership registration procedure shall be completed when we accept the application set forth in the preceding paragraph.
3. Notwithstanding the preceding paragraph, we may suspend or cancel membership registration in the event of any of the following:
1. (1) If the applicant declares a falsehood
2. (2) When we determine that the Member is inappropriate as a member
4. Members are deemed to have guaranteed to us that they are at least 20 years of age or that they have obtained consent from their parents or guardians for concluding a sales contract if under 20 years of age.
5. Members shall manage and store the e-mail address and password set when the membership registration is completed on their own responsibility.
6. Members shall promptly change their name, address, telephone number, e-mail address, and other information registered on this shop (hereinafter referred to as "information provided by Members") if there is any change to such information. In the unlikely event that damage occurs to this shop because of the delay in changing the information provided by Members, the Members shall compensate for the damage.

Article 3 (Compliance with These Terms): Members shall agree to and comply with the Terms of Use, Privacy Policy, and the Terms of this shop. In the event that we suffer damage as a result of the violation of these Terms by a Member, the Member shall be responsible for compensation for such damage and expenses. We will handle the personal information of Members in accordance with our Privacy Policy.

Article 4 (Prohibition of Transfer of Rights): Membership on this Site is exclusive to one person. We shall deem that a membership cancellation notice has been issued when we learn about the death of the Member and shall cancel the Member’s membership. Members shall not transfer the right to use this Site as a member to a third party.

Article 5 (Suspension, Cancellation, and Loss of Information Provided by Members)

1. If the information provided by Members falls under any of the following, this shop may suspend or cancel the membership registration of Members at our discretion without notifying Members thereof. In this case, this shop shall not be obliged to disclose the reason for suspension or cancellation of the membership registration.
1. (1) If the information provided by Members falls under the prohibited matters of Article 6
2. (2) If the promotional material sent based on the information provided by Members cannot be delivered or shipped due to non-delivery
3. (3) If this shop determines that the Member’s registration is inappropriate or unnecessary
2. We will take the necessary and appropriate safety measures for the information registered or provided on this Site by Members, but if the information is eliminated because of force majeure or other reasons not attributable to us, we shall not take any responsibility.

Article 6 (Prohibitions)

1. In using this Site, Members are prohibited from the following acts:
1. (1) Act of using information or copyrighted works provided on this Site for purposes other than their own personal use, re-provision of them to the public whether inside or outside the network, and infringement of the copyright of a third party
2. (2) Act of registering or providing false information through or in connection with this Site
3. (3) Act of defaming a third party or damaging the honor of a third party
4. (4) Act of infringing on the property or privacy of a third party
5. (5) Act of sending or writing harmful computer programs
6. (6) Act of violating laws and regulations
7. (7) Election campaign or similar acts
8. (8) Act of disclosing information, documents, or figures that are offensive to public order and morals using this Site
9. (9) Act of violating the rules of the domestic and overseas networks if communicating via other domestic and overseas networks
10. (10) Act of using this Site for commercial purposes
11. (11) Other acts that interfere with the operation of this Site for any reason and acts that this shop deems inappropriate
12. (12) If Members violate the prohibited matters specified in the preceding paragraph and therefore gives damage to us, they shall compensate us for the said damage.

Article 7 (Content Changes, Suspension, and Discontinuation of This Site)

1. We cannot guarantee the completeness, accuracy, certainty, or usefulness of the content of the services provided on this Site and the information that the Member obtains through or in connection with this Site. In addition, we shall not be liable for any damage incurred by the content of the services provided on this Site and the information obtained by the Member through or in connection with this Site.
2. In the following cases, we may change the content of this Site or suspend or discontinue all or part of the provision of this Site without prior notice to customers, and we shall bear no responsibility for Members.
1. (1) When regular maintenance or emergency maintenance of this Site is carried out or when unavoidable due to the construction work
2. (2) When a Type I telecommunications carrier discontinues telecommunications services
3. (3) When it becomes difficult to provide services through this Site because of force majeure, such as natural disasters, power outages, and wars, or acts of interference by a third party
4. (4) When we determine, for any reason, that it is necessary to change the content of, suspend, or discontinue this Site for operational or technical reasons

Article 8 (Disclaimer): We do not guarantee that this Site is suitable for the specific purpose of the Member, that this Site has the function, product value, accuracy, and usefulness expected by the Member, and that there are no defects in this Site. If we are obliged to give any notifications to the Member, we shall fulfill our obligations by sending a notification to the e-mail address that is registered by the Member.

Article 9 (Compensation): If a dispute arises between a Member and a third party because of or in connection with the use of this Site by the Member, the violation of these Terms and other provisions by the Member, or the infringement of the rights of a third party by the Member, it shall be settled at the Member’s own expense and responsibility. If we incur costs or pay compensation in connection with the dispute, the Member shall bear the said costs or compensation.

Article 10 (Changes to These Terms): We shall reserve the right to change the content of these Terms if we deem it necessary. In this case, we will announce the changes on this Site in advance. When a Member uses this Site on or after the revision date related to the change, we deem that the Member has approved the content.

Article 11 (Governing Law and Jurisdiction): These Terms shall be governed by the laws of Japan. In the event that litigation is required in connection with the use of this Site by the Member, the Tokyo District Court shall be the court of first instance with exclusive jurisdiction.

Article 12 (Inquiries): Any questions or requests on membership registration or any comments about this Site can be sent to the e-mail address below. Please note that we do not basically respond to inquiries by telephone.

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END
Supplementary Provisions: These Terms will be applied from July 1, 2019.

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