Terms of service

TERMS AND CONDITIONS TARO ISHIDA WEBSITE AND ONLINE BOUTIQUE

1.
DEFINITIONS
1.1.
For the purpose hereof, the following terms have the following meanings:
    • Agreement: the purchase agreement for a Product ordered by a Customer via the Online Boutique;

    • Customer: The person visiting the Website and/or the Online Boutique, also referred to as “you”, “your” or “yours”;

    • Order: an order for a Product placed by a Customer via the Website or the Online Boutique;

    • Product/Products: the product(s) offered for sale in the Online Boutique;

    • Taro Ishida: the private limited company organized under the laws of the Netherlands Taro Ishida B.V. , with a registered address at Keizersgracht 241, 1016 EA Amsterdam, the Netherlands, available by email via info@taro-ishida.com, also referred to as “we”, “us” and “our”;

    • Online Boutique: the Online Boutique on the Website;

2.
GENERAL
2.1.
These terms and conditions apply to any use of the Website, any offer in the Website, any purchase of Products via the Website and all Agreements concluded or to be concluded and any related matters. By accessing the Website and/or placing an Order, you agree to the applicability of these terms and conditions, including additional terms and conditions and policies referenced herein. If you do not agree to all the terms and conditions, then you may not access the Website or place an Order.
2.2.
You can review the most current version of the terms and conditions at any time on Terms and Conditions. We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued access to the Website and/or use of the Online Boutique following the posting of any changes constitutes acceptance of those changes.
2.3.
We reserve the right to refuse your access to, or use of the Website and the Online Boutique to anyone, for any reason, at any time.
2.4.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3.
USE OF THE ONLINE BOUTIQUE
3.1.
The Online Boutique may only be used by adult natural persons, not acting in the context of trade, business or professional activities.
3.2.
By using the Online Boutique, you agree:
  • to be at least 18 years old;
  • not to use the Online Boutique or place Orders in the context of trade, business or professional activities;
  • not to place any false or fraudulent Orders;
  • to keep your login and other details for the Website or Online Boutique (including but not limited to your username and password) secret and not to allow third parties to access such details;
  • to provide current, complete and accurate purchase and account information and – personal – information for all Orders.
4.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
4.1.
We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk. Images of Products on the Website and in the Online Boutique are for information purposes only. The colors on your computer screen may differ from those of the Product.
4.2.
We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your own responsibility to monitor changes to the Website purposes only. The colors on your computer screen may differ from those of the Product.
5.
OFFERS AND PRICES
5.1
We reserve the right at any time to modify or discontinue Products or the prices thereof without notice at any time.
5.2.
All offers are without obligation.
5.3.
We reserve the right, but are not obligated, to refuse or limit the sales of Products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
5.4.
We shall not be liable, nor shall we be held to any other obligation, for any modification, price change, suspension or discontinuance of the Products.
5.5.
Any obvious errors or mistakes in an offer will not bind us.
5.6.
In the event of errors in prices published, we will notify the Customer who has placed an Order of this as soon as possible. The Customer will then have the opportunity to confirm the Order at a corrected price or to cancel the Order. If we fail to contact the Customer, the amount paid by the Customer will be refunded.
5.7.
The prices of the Products, delivered within the EU, include VAT, delivery and return costs.
5.8.
The Products delivered outside of the EU are taxed at 0% VAT. The prices of the Products include delivery and return costs. For more information regarding International shipping continue to paragraph 7.3.
6.
FORMATION OF THE AGREEMENT
6.1.
An order is placed as a result of the Customer completing the ordering process in the Online Boutique.
6.2.
An Agreement is established, subject to the provisions set out in paragraph 5, as soon as we have confirmed your Order.
6.3.
We will be entitled to set additional conditions for the execution of an Agreement if we reasonably decide that such is necessary for the performance of your obligations.
6.4.
Once the pre-order period on a certain product is closed and the pre-order accepted, we will not be able to make changes to the order. This includes size changes, style changes, quantities, etc. We will try to accommodate late pre-order requests, but this is purely at the discretion of the production. As soon as the pre-order has been placed and the pre-order period of a certain product has closed, it cannot be canceled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. Any delays, production changes, or cancellations will be communicated to the customer.
7.
SHIPPING POLICY
7.1.
All regular orders will be processed and shipped within 2 to 3 business days (excluding weekends and holidays) after receiving your order confirmation email, unless a different delivery period has been communicated on the Product page. All exotic skin products are expected to ship within 6 weeks due to the necessary obtainment of CITES import/export documentation. You will receive another notification when your order has been shipped. If the delivery is delayed or an Order cannot be executed or can only be executed partially, you will be notified of this no later than 3 business days after you have placed the Order. In that case, you will have the right to cancel the Agreement free of charge. In such a case, we will refund the amount paid without delay after cancellation.
7.2.
Shipping Rates
7.2.1
Shipping, exchanges and returns are free of charge. TARO ISHIDA will not pay for any import and/or export duties and taxes that apply to shipments outside of the EU. For more details see paragraph 7.3.
7.3
International shipping
7.3.1
We offer International shipping on all orders and preorders.
7.3.2
At this time, we DO NOT ship to: Ascension Islands, Antarctica, Bouvet Island, Cosos (Keeling) Islands, Cuba, Christmas Island, Western Sahara, Falkland Islands (Malvinas), Equatorial Guinea, South Georgia & South Sandwich Is. , Heard and McDonald Islands, British Indies Chagos, Islamic Republic of Iran, North Korea, Libya, Midway, Nauru, Niue, Caroline Islands, Saint Pierre and Miquelon, Pitcairn, Sudan, Saint Helena, Somalia, South Sudan, Sao Tome and Principe, Syrian Arab Republic, French Southern Territories , Tajikistan, Tokelau, Wake Island, Yemen, Ukraine, Russia and Vanuatu.
7.3.3
For shipping to non-EU countries, the Products are taxed at 0% VAT. For VAT free shopping please contact us at support@taro-ishida.com.
7.3.4
Your order may be subject to import duties and taxes, which are incurred once a shipment reaches your destination country. TARO ISHIDA is not responsible for any of these charges if they are applied and are your responsibility as the customer. Please check with your country’s regulations to see if there will be any additional costs.
7.4
Order status
7.4.1
When your order has shipped, you will receive an email notification from us which will include a tracking number you can use to check its status. Please allow 24 hours for the tracking information to become available.
7.4.2
If you haven’t received your order within 7 days of receiving your shipping confirmation email, please contact us at support@taro-ishida.com with your name and order number, and we will look into it for you.
8.
PAYMENT
8.1.
You will make the payment in accordance with the payment methods offered in the ordering procedure of the Online Boutique and in accordance with the relevant conditions set out in these general terms and conditions.
8.2.
If you pre-order products, you will be required to pay thirty percent (30%) of the amount due as a deposit at the time you place your order. We will charge the remaining seventy percent (70%) of the amount due when the product is ready for shipment. You will receive an email with a payment link and instructions on how to complete your purchase. You should expect a wait period of approximately four to six (4 to 6) months between the date you place your order and the date that the product is ready for shipment, due to the pre-sale nature of such transactions. The estimated delivery window will be noted on the Product page.
9.
RETENTION OF TITLE
 
The ownership of Products ordered will only pass to you once the purchase amount has been paid in full.
10.
RIGHT OF WITHDRAWAL
10.1.
This paragraph only applies to such Orders that are subject to the Customer’s statutory right of withdrawal (paragraph 6:230 p Dutch Civil Code). This paragraph does not apply to Orders of Products produced upon your request and per the specifics indicated by you. Said orders cannot be canceled or modified by you pursuant to the aforementioned statutory right of withdrawal after we have confirmed such Orders.
10.2.
You may terminate the Agreement within a cooling-off period of fourteen days (hereinafter: the “Cooling-off Period”) without stating reasons (hereinafter: the “Right of Withdrawal”). The Cooling-off Period starts on the day on which you or a third party designated by you receives the Product. If you have ordered multiple Products in the same order, the Cooling-off Period commences on the day on which you or a third party designated by you receives the last of these Products.
10.3.
During the Cooling-off Period, you will handle the Products, packaging and labels with care. The Product will only be unpack or used to the extent required to establish the nature and characteristics of the Product. The starting principle is that the Products may only be handled and inspected as would be customary in a brick-and-mortar shop. Please note that the black outsole of our shoes are fragile and will have to remain unmarked and in its original condition. You will try the shoes only on a clean and carpeted surface and with the warning sticker in place on the black outsole until you are certain to keep them.
10.4.
If you wish to use your Right of Withdrawal, you will notify us of this within the Cooling-off Period by submitting an email to support@taro-ishida.com.
10.5.
As soon as possible after your notification to us that you wish to make use of your Right of Withdrawal as set out herein, you will send the Product back with the shipping label provided by us via email.
10.6.
You will return the Product with all delivered accessories, in its original condition and packaging.
10.7.
We will not accept returns if you fail to meet the conditions set out in this paragraph.
10.8.
The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lies with you.
10.9.
We will handle returns within 14 working days and will send you confirmation of this by email. If you have failed to provide all the information required under this paragraph, processing by us may take longer.
10.10.
We will use the same payment method for the refund as that which you have used for the payment, unless agreed otherwise. The refund will be free of charge for you.
11.
FAULTY PRODUCTS
11.1.
We undertake to ensure that high quality standards are continuously met in the manufacturing of all Products. Every Product is controlled before being shipped. However, if your Product shows any defect, please contact our Customer Service via support@taro-ishida.com no later than five (5) days from the date of delivery. You must indicate the alleged defect and join every supporting document (detailed photos or video of the Product, purchase date, number of the Order, etc.).
11.2.
After considering these elements, we reserve the right to recover the Product to conduct a physical investigation.
11.3.
In case of a recognized defect, we undertake to either replace the defective Product to the extent of available stocks, or to either partially or fully refund the purchase price to you, depending on the nature of the defect. Defective Products will be returned to us in the manner indicated by us.
11.4.
We reserve the right to refuse to follow up on a late claim, a claim relating to a defect for which you are responsible, or which derives from the nature of the Product (certain Products might have some uneven parts and/or irregularities which are parts of the manufacturing process or correspond to the material used).
11.5.
For faulty Products, we will refund the purchase price, delivery charge and any reasonable shipping costs you incur in returning the Product to us.
12.
PRODUCTS' CARE
12.1.
The black outsoles wear out with the use of the shoes. This is not a manufacturing defect of the shoe, but a consequence of wear and tear arising from normal usage.
12.2.
We strongly recommend that you consult a professional in leather care or a shoemaker for specific care advice.
12.3.
In order to keep your Products in good condition, it is recommended to follow general care steps as follows:
  • Keep the leather area clean and dry using a dry soft cloth.
  • Always store your Products away from light and heat.
  • Protect your Products from rain and moisture.
  • Store your Products in the Taro Ishida box or dust bag, provided to you, when you are not using them.
  • Avoid contact with abrasive surfaces.
13.
LIMITATION OF LIABILITY
13.1.
We shall only be liable for losses which are a reasonably foreseeable consequence of a breach of the Agreement by us, up to a maximum of the greater of EUR 100,- or the total value of the Order. Losses are foreseeable if they could be contemplated by us at the time of entering into the Agreement.
13.2.
We are not responsible for losses not caused by our fault - such as losses caused by third parties - or losses other than direct damage.
14.
COMPLAINTS
 
Complaints other than complaints about faulty Products referred to in the paragraph 11, may be submitted by e-mail to support@taro-ishida.com. and will be handled within 2 working days.
15.
THIRD-PARTY LINKS
15.1.
Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
15.2.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
16.
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
16.1.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively: 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are not obliged to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments.
16.2.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.
16.3.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
17.
PERSONAL DATA
 
Your submission of personal data through the Website is governed by our Privacy Policy
18.
OTHER PROVISIONS
If any of these provisions are void or voidable, this will not affect the other provisions.
19.
APPLICABLE LAW
These terms and conditions and any Agreements are exclusively subject to Dutch law.