E-COMMERCE BUSINESS TERMS OF USE
1. Introduction
1.1. Welcome to www.uniqlo.com/vn (the "Website"). We make information available to You ("You" or "User") on the Website in accordance with the following terms and conditions. Access to, use of this Website, the products and or services available through this Website (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Term of Use"). By using the Website, You agree to all of the Terms of Use, which tigether with the "Privacy Policy", may be updated by us from time to time without notice. You are recommendted to regularly check this page to notice any changes we may have made to the Terms of Use. Please understand that if You refuse to accept these Term of Use, You will not be able to use or order any products from our Website.
1.2. These Terms if Use are between You and Uniqlo Viet Nam Co., Ltd (the "Company") pursuant to which the Company is prepared to grant You access to this Website.
1.3 The Company reserves the right to changer these Terms of Use from time to time at its sole discretion, and Your rights under these Terms of Use will be subject to the most current version of the Terms of Use posted on this Website at the time of Your use. By accessing the Website or using the Services, You agree to the terms of this Terms of Use as modified.
2. License and Website Access
The Company grants You a limited license to access and make personal use of this Website and not to dowload or modify it, or any portion of it, except with express written consent from the Company. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of date mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, dupliacted, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the expess written consent from the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates (including the parent company, "Affiliates") without express written consent from the Company. Any unauthorized use shall terminate the permission or license granted by the Company.
3. Linking and Third-Party Content
3.1. You must not link to, frame, or mirror any part of the Website without the Company's written authorisation.
3.2. The Website may contain links to or display the content of third parties ("Third Party Content"), including links to websites operated by other organizations and individuals ("Third Party Website"). Thir-Party Content and Third Party Websites are not under the control of the Company. The Company does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services, or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If You use or rely upon Third Party Content or Third Party Websites, You do so solely at Your own risk.
4. Trademarks, Service Marks, and Copyrights
4.1. Fast Retailing Co., Ltd. ("Fast Retailing"), the Company's ultimate parent company, owns all trademarks, service marks, trade names, logos, and domain names included in the Website or have a valid right from its licensors, suppliers and a third party to use. Any modification, unauthorized use, or infringement of the trademarks from the Website for any purpose is not permitted.
4.2. Fast Retailing owns all copyrights for all materials on the Website or has a valid right from its licensors, suppliers and third party to use the material on the Website. In whole or in part, the materials in the Website may not be copied, reprodiced, republished, uploaded, posed, transmitted, or distributed in any manner without the prior written consent of Fast Retailing for any purpose other than for Your personal or non-commercial use.
5. Our products
The Company attempts to be as accurate as possoble in its products descriptions. To the extent permitted by law, the Company does not warrant that product and price descriptions, or other contents of this Website are accurate, complete, reliable, current, or error-free. The weight, measurements, and other descriptions provided on the Website are approximate figures and are only provided for convenience. The Company shall make all reasonable effortsto accurately display the attributes of the products, including the available colors. However, the color You see on the Website may differ from the actual color, depending on Your mobile device, computer system, monitor, and/or other display features.
6.Terms of Sales
6.1.By placing an order, You are offering to purchase product(s)on and subject to the Terms of Use. All orders are subject to the availability and confirmation of the order price. Dispatch time may vary according to availability. Any guarantees or representations made as to delivery time are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
6.2.In order to place an order on the Website, You must be over 18 years of age and a consumer (not a reseller). The Company retains the right to refuse any request made by You.
6.3.Except for the bulk order made through the separate channel, as a consumer, You agree not to make a purchase order with a total value of more thanVND 50,000,000(including VAT and any relevant fees).In addition, the total quantity of all the item you purchase per order shall not exceed 99 pieces.
7. Our Contract
When You place an order, You will receive an acknowledgment email confirming receipt of Your order. This acknowledgment will only be an acknowledgment of Your order and will not constitute acceptance of Your order. A contract between us for the purchase of the goods (the "Contract") will not be formed until You receive a message confirming Your product is shipped from our warehouse or ready for pickup ("Dispatch Confirmation"). Please note that the Contract only includes those items listed in the Dispatch Confirmation. We will not be obliged to supply any other items which may have been part of Your order until the dispatch of those items has been confirmed in a separate Dispatch Confirmation.
8. Pricing and Availability
8.1. Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which You have ordered, we will inform You of this as soon as possible and give You the option of reconfirming Your order at the correct price or canceling it. If we are unable to contact You, we will treat the order as canceled. If the order is canceled and You have already paid for the goods, You will receive a full refund.
8.2. Where applicable, prices are inclusive of value-added tax (VAT). Delivery costs will also be chargedat the fees as elaborated in Section21 hereunder.Such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
8.3. The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that You may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies, or out-of-date information regarding pricing, shipping, payment terms, or return policies.
9. Payment
9.1. All prices indicated on the Website are in VietNam Dong.You can pay for Your order either via (i) on delivery (cash on delivery/COD) or (ii) online payment (by international credit card and debit card)or other methods available on the Website.
9.2. Most major credit and debit cards, such as Visa, Mastercard, JCB, and Discoverare accepted. When You pay using an online payment method, You will be redirected to another website owned and operated by an independent payment gateway service provider, which shall collect and process Your financial information pursuant to its own terms and own policies.
9.3. If You fail to make any payment pursuant to the payment method selected or payment is canceled for any reason what soever, the Company will cancel the order and suspend delivery of the products until payment is made in full.
10. Invoicing
The Company will issue and put the receipt in the package together with the items purchased. The VAT invoice shall be issued and sent to the email address that Youregistered with us.
11. Discount Codes
11.1. At any given time, promo vouchers or coupons may be made available for use on the Website. By using the promo voucher or coupon, You understand and agree to be bound by its terms and conditions.
11.2. Promo codes should be entered during the checkout process to be valid. Discounts and discount thresholds includetax, but exclude shipping fee, and gift-wrapping fee(if any). Discounts cannot be used in conjunction with any other offers.
12. Communications and Other Contents
12.1. Visitors may submit suggestions, ideas, comments, questions, or other information, to our Customer Centerand/ or to the Website so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise misrepresent the origin of any content.
12.2. If You do submit, transmit, upload, or post to or through the Website, which is subject to our Privacy Policy, in any manner information, any material, suggestions,idea, concept, know-how, technique, question, comment or other communication ("User Communications"), these will be considered non-confidential and non-proprietary. You automatically grant the Company and its Affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media throughout the world. The Company may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, deletion, and manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes.
12.3. You grant the Company and its Affiliates and sublicensees the right to use the name that You submit in connection with such content if they choose. Yourepresent and warrant that You own or otherwise control all of the rights to the content that You submit; that the content is accurate; that use of the content You supply does not violate these Terms of Use and will not cause injury to any person or entity; that the content You supply does and will not infringe any party's intellectual property, publicity, privacy, or other rights and that such content is and will not be defamatory or libelous; and that You will indemnify the Company or its Affiliates for all claims resulting from content You supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content or User Communications shared by Youor any third party through the Website whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. However, we retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. The Company shall have no obligation to use, return, review, or respond to any User Communications.
13. Disclaimer of Warranties and Limitation of Liability
13.1. THIS WEBSITE AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY, PARENT, SUBSIDIARIES, AFFILIATES OR PARTNERS, OR OUR/THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND AVAILABILITY OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS PRESENTED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERRORS. THE COMPANY, PARENT, SUBSIDIARIES, AFFILIATES OR PARTNERS, OR OUR/THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ANY OTHER LOSSES OR LIABILITIES ARISING OUT OF (A) THE USE OR INABILITY TO USE THE WEBSITE; (B) ANY DECISION MADE, ACTION OR INACTION TAKEN BY ANY PARTY IN RELIANCE UPON THE CONTENTS OF THE WEBSITE; (C) BUSINESS INTERRUPTION; (D) DELAY/INTERRUPTION IN ACCESS TO THE WEBSITE; (E) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF ACCESSING THE THIRD PARTY LINKS ON THE WEBSITE; (G) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS IN CONNECTION WITH USE OF THE WEBSITE; OR (H) ANY DELAYS, INACCURACIES, ERRORS IN OR OMISSIONS IN THE CONTENT OF THE WEBSITE.
13.2. You agree that Your sole remedy, if any, is from the manufacturer or supplier of the products, in accordance with such manufacturer's or supplier's warranty, or to seek a return or refund for such products in accordance with our Return and Exchange Policy.
13.3. By accessing our Website, You assume all risks associated with its use, including but not limited to the risk that Your computer, software or data may be damaged by any virus transmitted by this Website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions,and claims (whether express or implied) arising out of or in any way connected with this Website are hereby excluded.
14. Indemnification
You agree to indemnify the Company and its Affiliates against all damages, liabilities, costs, charges, and expenses, including reasonable attorneys' fees, that the Company may incur as a result of Your breach of any of these Terms of Use or any claims brought relating to information submitted by You or actions taken by You. We will provide You with timely notice of any such claim, suit, or proceeding.
15. Privacy
15.1. Please review our Privacy Policy, which also governs Your visit to the Website, to understand our practices.
15.2. User Communications, as defined in Section 12, are and will be considered non-confidential and non-proprietary.
16. Security
Please review our security practices set forth in our Privacy Policy.
17. Outages
The Company reserves the right to cease, interrupt or withdraw Your access to the site for any reason, including without limitation, for upgrades and maintenance of the site.
18. Governing law, exclusive jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of VietNam. In the event of any dispute hereunder, You and the Company hereby agree to submit any dispute that is not settled through mutual agreement to the Vietnam International Arbitration Centre of the VietNam Chamber of Commerce and Industry ("VIAC") for settlement by arbitration in accordance with its "Rules of Arbitration." The arbitration panel shall be composed of three (3) arbitrators who shall be appointed pursuant to VIAC's Rules of Arbitration. The location for arbitration shall be Ho Chi Minh City, VietNam. The language for the arbitration shall be Vietnamese. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.
19. Force Majeure
The Company shall have no liability to You forany delay or failure in carrying out its obligations to any customer for reasons beyond the Company's control, including without limitation, acts of God, war or terrorism, epidemic, pandemic, natural disasters, changes in or compliance with laws, regulations or governmental policies and shortages of supplies and services.
20. Return, Exchange Policy
Please refer to our Return and Exchange Policy as published on this Website from time to time.
21. Delivery
21.1. We will endeavor to fulfill Your order for items listed in the Dispatch Confirmation in 01 to 07 working days. Please note that any delivery estimates given are estimates only. In case of special circumstances, we will notify customers through the Notice located on the top of our homepage. In that case, such information shall override the above.
21.2. A standard delivery charge of VND 50,000(including VAT)per order will generally apply. You will only be entitled to free delivery if Your purchasing order reaches VND 999,000(including VAT) or over.
21.3. If our supply of the items is delayed by an event outside of our control, we will contact You as soon as possible to let You know, and we will take steps to minimize the effect of the delay. Please note that we will not be liable for delays caused by the event, but if there is a risk of substantial delay, Youmay contact us to terminate the Contract and receive a refund for item(s) Youhave paid for but not received.
21.4. Regarding Delivery, our delivery service provider shall attempt to deliver the ordered product(s) to You("Attempt") 03 times. After 03 Attempts, if the product(s) could not be delivered to You due to the reason not attributable to us, we will assume that You wish to cancel the order, and it will be terminated. Consequently, we will return to Youall payments received from You, including the deliverycharge (if any), without any undue delay within 30 days of the date onwhich the orderhas been cancelled.
22. Store Pick-up Service [Only available at Uniqlo Landmark 81 – HCMC]
22.1. If You choose to pick up the ordered product at store option, You will be able to pick up the items at Your selected store within 03-05 days of Your order, subject to stock availability and other factors. We will send you one notification via email when the ordered product(s) is ready. You will not be able to select a store that is unavailable for store pickup.
22.2. We will send you a reminder after 12 days from the time that the order is ready if you have not picked up. And after 14 days from the time that the order is ready, if You don’t take the ordered product(s), we will assume that You wish to cancel the order, and it will be terminated. Consequently, we will return to You all payments received from You, including the delivery charge (if any), without any undue delay within 30 days of the date on which the order has been cancelled.
22.3. Your store pickup order will only be available to be picked up by You or by someone else at Your appointment from the store that You indicated in Your order.
22.4. Please note that You or the person who picks up the order on Your behalf must present the order code sent to the email address You provided to us and proof of identity to complete the store pickup service.
23. Obligations of the Company
In addition to the obligations specified in this Terms of Use, the Company is obliged to deliver theproduct(s)to the customer and receive the payment.
24. Obligations of the Customer
24.1.In addition to the obligations specified in this Terms of Use, You must not:
(i) use the Website in breach of any applicable laws or regulations;
(ii) use the Website to harm, abuse, harass, stalk, threaten, or otherwise offend others;
(iii) conduct any actions which cause, or may cause inconvenience, disadvantage, or damage to the user(s), third party(ies), or the Company;
(iv) Resale, re-resale, or other acts of purchasing products through this Website for purpose of profit;
(v) conduct any acts of fraudulently applying for or holding multiple membership registrations;
(vi) interfere with, disrupt, or create an undue burden on the Websiteor the Company;
(vii) upload, post, transmit, or otherwise make available any material that:
a. is not Your original work, or which may infringe the intellectual property or other rights of another person;
b. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiouslyvilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
c. includes an image or personal information of another person unless Youhave their consent;
d. Youknow or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
e. contains large amounts of untargeted, unwanted, or repetitive content; or
f. contains financial, legal, medical, or other professional advice.If You believe that a user has breached any of the above conditions, please contact us.
24.2. The Company reserves the right to block, suspend, or cance lany user, membership registration of its Website and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice; solely define and limit, refuse, and/or reject returns from customers at any time due to an irregularor excessive returns history. By uploading, transmitting, posting or otherwise making available any material via the Website, You grant the Company a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose.The membership application may not be approved if the applicant has had his/her membership cancelled in the past.
24.3. The Company is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than the Company. The Company does not endorse any opinion, advice or statement made by any person other than the Company.
24.4. You agree to indemnify the Company and each of the officers, employees, agents, contractors, suppliers, and licensors (collectively "Affiliates") of the Company in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms of Use, or any other default or wrongful conduct in relation to the subject matter of these Terms of Use, on the part of Youor any of Your Affiliates.
25. General
25.1. By Your continued use of this Website, You acknowledge that You have read and understood these Terms of Use, and You agree to act in accordance with its terms and conditions and be bound by them. These Terms of Use shall not be altered or modified in any way without the prior written consent of the Company.
25.2. These Terms of Use are in addition to Your obligations and rights under the Privacy Policy posted on the Website. For the avoidance of doubt, in the event of a conflict between these Terms of Use and the Privacy Policy or other terms and conditions posted on the Website, the Terms of Use will prevail. If You are unsure of Your rights under these Terms of Use, please contact us as set forth below.
25.3. The Company's failure to act with respect to a breach by You or others does not waive the Company's right to act with respect to subsequent or similar breaches.
25.4. If You are acting as an agent for a principal (including on behalf of Your employer), You and the principal, jointly and severally, assume all of Your obligations set forth in these Terms of Use.
25.5. If any part of these Terms of Use is found by any court to be invalid, illegal or unenforceable, that part shall be discounted, and the rest of these Terms of Use shall continue to be valid and enforceable to the fullest extent permitted by law.
25.6. If You have any questions regarding the Terms of Use for this Website, please contact our Customer Center via our FAQs page or by mail at the following address:
Uniqlo VietNam Co., Ltd.,
26th floor, Viettel Tower, No. 285 Cach Mang Thang Tam Street, Ward 12, District 10, Ho Chi Minh City
Attn: Customer Center.
