These "CLUB DESCENTE Membership Terms and Conditions (English Version)" are a translation of the Japanese version of the "CLUB DESCENTE Membership Terms and Conditions" and have been prepared for reference purposes only. In the event of any inconsistency or conflict between the English version and the Japanese version, the Japanese version of the "CLUB DESCENTE Membership Terms and Conditions" shall prevail.
Article 1. CLUB DESCENTE MEMBERSHIP
1. CLUB DESCENTE members (hereinafter, "Members") mean all those who have agreed to the CLUB DESCENTE Membership Terms and Conditions (hereinafter, the "T&C") set forth by DESCENTE JAPAN LTD. (hereinafter, the "Company"), and have registered as Members.
2. Members may use the point service, member ranking service, and other services for Members (hereinafter, collectively, the "Services") as set forth in these T&C when purchasing or using the Company's products, services, etc. in Japan (hereinafter, the "Transaction").
Article 2. Membership Registration
1. Customers may apply to become Members by entering the required information into the membership registration page separately designated by the Company. Each Member is eligible to obtain only one member ID.
2. When approving a request for membership registration as described in Article 2.1 above, the Company shall do so by sending a registration confirmation e-mail.
3. If it is found that a prospective member's membership registration has been rejected in the past due to a violation of these T&C, if the prospective member's application contains false information, or if the Company otherwise deems it inappropriate to approve the prospective member's application, the Company may not approve the prospective member's application.
4. Member information can be checked and edited on the My Page section (hereinafter, "My Page") within the DESCENTE STORE E-commerce site (hereinafter, the "EC Site") (log-in is required).
5. There are no membership registration fees nor annual fees.
Article 3. Management of Member ID and Password
1. Members shall be responsible for the management of their assigned member ID and password.
2. Members shall not share, lend, or disclose their member ID and password to third parties.
3. Members shall be responsible for damages caused by improper management of their member ID and password, errors in use, or use by a third party.
4. When a Member presents their member ID with their membership card or smartphone at a store designated by the Company in Japan (hereinafter, "Designated Stores"), or when a Member logs into the EC Site with their member ID and password, the Company will consider both as use by the Member.
5. If a Member discovers that their member ID and password has been used illegally by a third party, Member shall immediately notify the Company.
Article 4. Awarding Points
1. When a Member makes a purchase at Designated Stores, the Company shall award points to the Member only if the Member presents the member ID barcode via smartphone application, etc. before settlement (payment).
2. When a Member purchases a product from the EC Site, the Company shall award points to the Member only if the purchase is made while logged in as a Member.
3. When the Company designates events, campaigns, etc. sponsored by the Company as being eligible for the awarding of points, the Company shall grant points to Members only when they meet the conditions therefor.
4. Points shall be awarded upon completion of the purchase when the purchase is made at a Designated Store, and seven days after the product is shipped to the Member when the purchase is made on the EC Site.
5. Points shall not be awarded in the following cases:
(1) Purchases made using points as a form of payment;
(5) Other stores, websites, products, services, etc. designated by the Company as not eligible for the awarding of the Services.
6. The rate of points awarded and other conditions for the awarding of points shall be determined separately by the Company.
Article 5. Checking Points Balance
Members can check their point balance on My Page or on the "Membership Card" tab on their smartphone application.
Article 6. Prohibition of Transferring of Points
Members may not transfer or pledge their points to other Members or share points among Members.
Article 7. Cancellation or Termination of Points, Refusal to Complete an Order for Products or Services, or Cancellation of Contract
1. If the Company determines that any of the following items apply, the Company may, without prior notice to the Member, cancel the points awarded to the Member, cancel all or part of the points held by the Member, refuse to accept an order for a Transaction by the Member, or terminate the contract concluded based on the order:
(1) Illegal or fraudulent acts by the Member;
(2) The Member violates these T&C or any other terms or rules stipulated separately by the Company;
(3) Failure to obtain approval from the credit card company for the Member's order;
(4) When an order received from the Member exceeds the pre-determined limits set on the quantity or monetary amount of a product or service that can be purchased;
(5) If the Company determines that the order placed by the Member is for resale or may be placed for other fraudulent purposes; and
(6) In any other cases where the Company deems it appropriate to cancel the points, refuse the order, or terminate the contract.
2. If points are cancelled after a Member has used such points, the Transaction corresponding to such settlement may be cancelled.
3. When a Member returns a purchased product that resulted in the awarding of points, the Company shall cancel the points corresponding to such purchase.
4. If a Member has already redeemed points and the points cannot be cancelled, the Member shall pay in cash the amount corresponding to such points, except in cases where the problem is caused by the Company.
Article 8. Use of Points
Members shall comply with the following items when using points.
(1) Members may use their points as part or all of the payment at Designated Stores and EC Sites at the conversion rate determined by the Company.
(2) The Company may restrict or impose conditions on products, services, promotions, etc. that are eligible to use points.
(3) If a Member returns a product purchased with points, the Company shall refund points equivalent to the points used by the Member at the time of purchase.
(4) If the settlement price is reduced for any reason, the Company will not refund the points used by the Member; provided, however, that the points shall be refunded if the reduced amount reaches the amount of points used.
(5) If, after a Member uses points for a payment, it is found that such Member has breached these T&C and canceled the use of points, the Company may demand that the Member pays the amount equivalent to the price paid with such points. In such case, the Member shall promptly pay the Company the amount equivalent to the settlement price.
(6) Members may not exchange points for cash under any circumstances.
(7) Points may only be used by Members, and not by third parties.
(8) If a third party misuses a Member's membership card, membership ID or password, the Company shall not refund the used points to the Member. The Company shall also not be liable for any damage incurred by the Member.
Article 9. Valid Term of Points
1. The valid term of points shall be one year from the last day of purchase. Points shall expire at the end of the valid term.
2. "Limited Term Points" that may only be used for a designated period shall expire at the end of the designated valid term regardless of the provision of Article 9.1 above.
Article 10. Setting of Ranks
1. The Company shall grant ranks to Members according to the product purchase amount prescribed by the Company.
2. There shall be four ranks and each Member shall belong to one of the ranks.
3. The Company shall review the Members' ranks at the time determined by the Company based on the purchase amount of each Member and the rank criteria determined by the Company, and grant new ranks to Members thereafter.
4. If a Member is deemed to have committed fraud in obtaining a rank, the Company may change such Member's rank without notice.
Article 11. Benefits by Rank
1. The Company shall set "benefits" for each rank and grant them to all Members belonging to the relevant rank.
2. The Company shall determine the content of the benefits and Members shall comply with the same.
3. The content of the benefits are subject to change without prior notice.
4. Only the Members shall be entitled to benefits. 5. The decision of "Use by Members" shall be made in accordance with Article 3.4.
5. If a Member's rank is changed pursuant to Article 10.4 above, the Company may demand that the relevant Member return the benefits earned during such period of fraud.
Article 12. Loss of Points and Ranks
If a Member is disqualified due to withdrawal or other reasons, the Member shall lose all points held, ranks granted, and any other rights to use the Services, and shall not obtain any rights to make claims against the Company as a result of disqualification.
Article 13. Prohibited Matters
Members shall not engage in any of the following acts. If the Company determines that a Member is engaging in any of the following acts, the Company may limit the Services offered to such Member, or temporarily suspend or revoke their membership:
(1) acts in breach of these T&C;
(2) acts in breach of laws and regulations or public order and morals;
(3) membership registration made with submission or presentation of false information;
(4) transfer of membership, points, rank or benefits to a third party, or receiving the transfer of the same or unlawfully obtaining the same whether with or without charge;
(5) use of the Services under any name other than the that of the Member;
(6) unauthorized access to member information, unauthorized acquisition or falsification of Member information;
(7) acts which infringe or damage patent rights, trademark rights, copyright, privacy or other rights of other Members, third parties or the Company group, or any acts which may cause the same;
(8) acts which damage the credibility or reputation of the Company group;
(9) purchase or use of the Company's products or services, etc. for the purpose of resale or other unlawful purposes, or resale of products or services, etc. purchased from the Company or use of the same for other unlawful purposes;
(10) photographing of products or services, etc. purchased from the Company for the purpose of resale or other unlawful purposes, or transmission, distribution, provision to third parties or secondary use of the photographed images or videos, etc. without the written consent, etc. of the Company;
(11) photographing inside the Company's stores without the written consent, etc. of the Company;
(12) any acts which interfere with or obstruct the Services or other business operation of the Company group, or cause damage to the Company group; and
(13) Other acts which the Company deems inappropriate as a member.
Article 14. Suspension of the Service, etc.
1. In operating the Services, the Company may suspend the Services in the event of natural disasters such as earthquakes, eruptions, windstorms, floods, tsunamis, and lightning strikes; fires; epidemics of infectious diseases; wars, civil wars, and terrorist acts; power outages; system and communication failures, etc. (hereinafter, collectively “Emergencies"), or if necessary for the maintenance of equipment, systems, software, etc. or when the Company deems it necessary for other operational or technical reasons, and the Company does not guarantee that suspensions will not occur.
2. The Company shall not be liable for any damages incurred by Members based on suspension of the Services under Article 14.1 above, loss of data, or unauthorized access to data, unless such damage is caused by the Company's willful misconduct or gross negligence.
Article 15. Change, Termination and Suspension of the Services
1. The Company may, for its own reasons, change the content of the Services or the conditions under which the Services are provided (including, but not limited to, discontinuation of points, suspension of the awarding of points, change in the point award rate and utilization rate, discontinuation or change in the rank setting, discontinuation or change in rank benefits) or terminate or suspend the Services.
2. In the event of Emergencies, the use of points or the setting of benefits may be suspended in whole or in part without prior notice to Members.
Article 16. Handling of Members' Personal Information
(4) Person in charge of the management of joint use: The Company (see Company Profile page for the Company address and the name of our representative)
Article 17. Loss of Membership
If a Member falls under any of the following items, the Member shall be disqualified from membership. At the same time, the points and ranks of such Member shall cease to exist. The Company may also delete the registration information of Members who have lost their membership.
(1) It is discovered that a Member is a person related to an organized crime group, a person who commits criminal or fraudulent acts, or any other similar person (hereinafter, collectively "Anti-Social Force"), or a Member is involved with an Anti-Social Force;
(2) The Member withdraws from the membership;
(3) The Member dies or their whereabouts becomes unknown, or when a notice from the Company to a Member does not arrive at the Member's registered contact address, or when a Member refuses to receive a notice from the Company; or
(4) The Company otherwise deems the Member to be unqualified.
Article 18. Withdrawal of Membership
Members may cancel their membership at any time by submitting a withdrawal request on My Page.
Article 19. Revision of these T&C
The Company may, at its discretion, revise these T&C as necessary, and such revisions shall become effective for the customer as of the date of revision; provided, however, that if the Company deems it necessary to notify Members of a revision of these T&C due to a disadvantage to Members or for other reasons, the Company shall notify Members of the revised T&C and the revised content and effective date prior to the revision of these T&C through the EC Site or other means. In addition, if a Member uses the Services after the effective date of the revised T&C, the Member is deemed to have validly and irrevocably agreed to the revised T&C.
Article 20. Other Matters
1. In principle, urgent or important notices regarding the Services shall be sent by e-mail and telephone as registered at the time of membership registration.
2. If a problem arises that cannot be resolved under these T&C, the Company and the Member shall resolve the problem through good faith discussions.
3. If a Member causes damage to another Member or a third party by using the Services, the Member shall resolve the matter at the Member's own responsibility and expense, and shall not cause any inconvenience to the Company.
4. The formation, validity, performance, and interpretation of these T&C, Transactions based on these T&C, and the Services shall be governed by the laws of Japan.
5. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance in the event that litigation becomes necessary in connection with these T&C, Transactions based on these T&C, or the Services.
Article 21. Contact for Inquiries
If you have any questions regarding these T&C or your membership information, please contact the Designated Stores, EC Site, or the contact information below.
DESCENTE JAPAN LTD. Customer Service Center
Toll free 0120-46-0310
(9:00-17:00 excluding Saturdays, Sundays, national holidays and company holidays)