Terms & Conditions

All sales made by CONTINENTAL CLOTHING JAPAN (“Seller”) to you (“Customer”) are governed by these Terms and Conditions of Sale unless otherwise indicated by CONTINENTAL CLOTHING JAPAN in writing.

PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. CONTINENTAL CLOTHING RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION.

The sale is Contingent on the Customer’s Acceptance of the Terms and Conditions.
Seller shall not accept Customer’s purchase orders unless and until Customer consents to these Terms and Conditions of Sale. These Terms and Conditions of Sale (as set forth on this website) supersede the terms and conditions of Customer’s purchase order(s) and will govern all transactions between Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing and signed by Seller and Customer.

Payment Terms
The seller accepts Bank Wire or Paypal. Net terms will be accepted with pre-approved credit upon credit terms determined by the Seller. Custom orders require different payment terms, as specified below.

Shipping
The customer is responsible for all shipping and freight charges. Orders are normally shipped by SAGAWA. Seller will ship using a carrier designated by Customer upon request. However, if a carrier designated by Customer charges Seller for such charges due to the Seller having an invalid or delinquent account. The seller will not be responsible for shipping delays caused by a carrier. Shipping charges may be billed separately.

Default
It is understood that should Customer become delinquent in payment, no further credit will be extended. The seller will charge the Customer interest on all overdue amounts at the rate of 1½% per month (18% per annum), or the maximum amount allowed by law, whichever is less. Customer will also be responsible for and shall reimburse Seller for any collection agency fees up to 30% of the balance owed, reasonable attorneys’ fees, and all other reasonable costs and expenses which may be incurred by Seller in the enforcement of these Terms and Conditions of Sale and/or the Customer Order. Customer acknowledges that these charges, fees, and expenses are reasonable under the circumstances as an estimate of the damages Seller will likely suffer if Customer defaults in its payment obligations.

Notice of Defects
The customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing WITHIN 7 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for damages resulting from late delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification. Seller shall not be responsible for shortages when shipments are directed to a third party other than Customer. UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH HAS BEEN ALTERED OR MODIFIED IN ANY MANNER (DYED, PRINTED, EMBROIDERED, RELABELED, LAUNDERED ,TAG REMOVED OR THE LIKE). Seller shall not be responsible for fallout or loss which occurs during the garment dye process. Seller urges Customer to periodically test the merchandise for dyability, printability and other decoration techniques.

Returns and Cancellations
Authorized returns and exchanges must be made within 7 days after Customer’s receipt of merchandise. All returned merchandise must be accompanied by a completed Return Form. All returns and exchanges will be subject to a 25% restocking fee in addition to freight. Returns will not be accepted on merchandise that has been altered or modified in any manner (dyed, printed, embroidered, relabeled, laundered, tag removed or the like.) No order can be cancelled once it has been entered into production. Customer will be responsible for all freight and shipping charges on items returned that are not the result of Seller’s error.
All sales are final on overstock items; returns are not accepted on overstock items under any circumstances.

Obtaining Return Authorization
CONTINENTAL CLOTHING COMPANY (JAPAN)
3-36-7 DAITA SETAGAYA-KU
TOKYO 155-0033, JAPAN

Customer will receive a credit posted to their account for any such return once it is received and checked in by Seller’s warehouse. Please allow 5-7 days for credit posting.

Customer Acceptance of Late or Defective Merchandise
Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.

Prices, Quantities, Styles, Colors
Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. CONTINENTAL CLOTHING reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability.

DISCLAIMER OF WARRANTIES
SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER.

LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE SELLER’S MERCHANDISE.

No Liability for Outside Vendors
Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.

Customer’s Credit Worsens
Seller has the right, in addition to other remedies provided by the law, to terminate any delivery or suspend further deliveries of other shipments in the event Customer fails to pay for any shipment when the same becomes due. Should Customer’s financial condition become unsatisfactory to Seller, in Seller’s sole discretion, Seller may require cash payments in advance or other security satisfactory to Seller prior to shipment of merchandise.

Force Majeure
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.


USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS

All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by CONTINENTAL CLOTHING or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the EUROPEAN copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by CONTINENTAL CLOTHING may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to CONTINENTAL CLOTHING or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Miscellaneous
These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.

Questions and Comments
Thank you for reading and agreeing to these Terms and Conditions of Sale. Please direct any questions or comments regarding the Terms and Conditions of Sale by electronic mail to sales(at)continentalclothing.jp or by standard mail to Seller at:
CONTINENTAL CLOTHING COMPANY (JAPAN)
3-36-7 DAITA SETAGAYA-KU
TOKYO 155-0033, JAPAN

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