Terms & Conditions
1.1 In these Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
Buyer means the person or legal entity identified in the Order as the purchaser of the Products.
Mitsu Fashion Product means a Product bearing the Mitsu Fashion trade mark for which Mitsu Fashion invites Orders in accordance with these Conditions.
Conditions means these Terms and Conditions of Sale.
Contract means a contract for sale between Mitsu Fashion and the Buyer of the Products formed in accordance with Clause 3.4.
Defective Product is defined in Clause 7.2.
Force Majeure Event means any event or circumstances the occurrence and the effect of which Mitsu Fashion could not reasonably prevent or avoid including:
a. explosion, fire, flood, war, earthquake, storm or other natural disasters;
b. war, declared or undeclared, sabotage, insurrection, terrorist or criminal acts whether online or offline, riot or civil disturbance;
c. import or export regulations or embargo or requisition restrictions regulations bye-laws prohibition or any acts or measures or any intervention of any governmental or regulatory authority;
d. epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority;
e. strike, lock-out, work stoppage or other industrial action or trade dispute (whether involving employees of Mitsu Fashion or any other person); and
f. telecommunication, network or Internet disruptions or interruptions,
g. we collect it by other lawful means.
Online Payment means payment by any one or more of the following payment modes as may be designated by Mitsu Fashion from time to time: credit card, debit card, charge card, Paypal, online banking, online store credit, and other designated payment modes.
Online Store means the Mitsu Fashion online store currently accessible at http://www.MitsuFashion.com
Order means an online order placed via the Online Store by a Buyer with Mitsu Fashion for the Products in accordance with these Conditions.
Parties means Mitsu Fashion and the Buyer and "Party" means any one of them.
Payment Processing Company means the applicable payment or card processing entity for the relevant Online Payment mode.
Product means a Mitsu Fashion Product or Third Party Product listed at the Online Store for which Mitsu Fashion invites Orders in accordance with these Conditions.
Substitute Productis defined in Clause 6.4.
Third Party Product means a Product which is not a Mitsu Fashion Product for which Mitsu Fashion invites Orders in accordance with these Conditions.
1.2 Words using the singular or plural number also include the plural or singular number.
1.3 Any reference to a "person" or "entity" includes a reference to an individual, a sole-proprietor, a partnership, an unincorporated association and a company.
1.4 Any reference to a "Clause" is to a clause of these Conditions.
1.5 The headings in these Conditions are inserted for convenience only and shall be ignored in construing these Conditions.
1.6 A reference to the word "include" or "including" shall not be construed as having any limiting effect.
2 APPLICATION AND EFFECT
2.1 These Conditions shall govern the sale of the Products listed at the Online Store by Mitsu Fashion to the Buyer, save where Buyer has signed a separate purchase agreement with Mitsu Fashion, in which case the terms and conditions of the separate agreement shall govern.
2.2 By ordering the Products or accepting delivery of the Products described on the invoice, the Buyer agrees to be bound by and is deemed to have accepted these Conditions.
3 ORDERS, PRICE AND PAYMENT
3.1 Mitsu Fashion will process Orders for delivery in Singapore and in the following territories: Australia, Bahrain, Belgium*, Cambodia, Canada, China*, Denmark*, Finland*, France*, Germany*, Hong Kong, India, Indonesia, Israel, Italy*, Japan*, Kuwait, Macau, Malaysia, Mexico, Netherlands*, New Zealand, Norway*, Oman, Panama, Qatar, Philippines, Portugal*, Singapore, South Africa, South Korea, Spain*, Sri Lanka, Sweden*, Switzerland*, Taiwan, Thailand, United Kingdom*, United Arab Emirates, United States of America, Vietnam.
3.2 Buyer shall indicate the Products it wishes to order and the quantity required, at the price and in the currency specified by Mitsu Fashion at the Online Store, by placing an Order on the designated online form at the Online Store and providing to Mitsu Fashion all necessary information as may be required by Mitsu Fashion at the Online Store.
3.3 All Orders made by the Buyer for one or more Product(s) shall be deemed to be an offer made by the Buyer to purchase such Product(s) upon the terms of these Conditions and for the selected Products and quantities set out in the Order. All Orders shall be subject to acceptance by Mitsu Fashion.
3.4 Mitsu Fashion may accept an Order by:
3.4.1 contacting the Buyer by telephone, email or other mode of communication within a reasonable time after Buyer has made the Order, to either:
a. accept and confirm the price, quantity, and delivery date and time of the Product(s) ordered by the Buyer; or
b. in the case of Orders exceeding a certain quantity or value, request that the Buyer submit a written bulk purchase order form for Mitsu Fashion’s written acceptance, or
3.4.2 delivering the Product(s) ordered to the Buyer,
and upon such acceptance, a binding Contract shall be formed upon the terms set out in these Conditions, the terms of the accepted Order (excluding any terms which are not accepted by Mitsu Fashion), and such other terms and conditions as Mitsu Fashion may impose as a condition of its acceptance. For the avoidance of doubt, no Contract shall come into existence unless and until the Order has been accepted by Mitsu Fashion in the manner set out in this Clause 3.4. Processing or acceptance of Online Payment for an Order shall not in itself constitute acceptance of the Order by Mitsu Fashion, provided that where an Order is rejected by Mitsu Fashion, any payment made for such Order shall be reversed or refunded by Mitsu Fashion or an online store credit shall be given to the Buyer.
3.5 Mitsu Fashion shall be entitled to:
3.5.1 decline to accept or reject the Buyer’s Order in whole or in part without assigning any reason; or
3.5.2 delay or defer delivery of any Order in whole or in part due to Product unavailability, low inventory levels, or for any other reason.
3.6 Mitsuu Fashion shall not be liable for any errors in the pricing or specification of Products ordered by the Buyer that may appear at the Online Store. The price to be paid by the Buyer for all Products shall be Mitsu Fashion's current selling price on the date of acceptance by Mitsu Fashion of the Order, which may or may not be correctly reflected at the Online Store.
3.7 No promotion, offer, voucher, or online store credit may be applied retroactively to any standing or previously placed Order. Any applicable promotions, offers, vouchers, or online store credit must be stated before checkout as these cannot be claimed or applied after an Order have been made. No promotion, offer, voucher, or online store credit may be exchanged for cash.
3.8 Unlesss otherwise agreed by Mitsu Fashion in writing, payment for the Products shall be made by the Buyer in full by valid Online Payment before physical delivery of Products.
3.9 Thee Buyer warrants and agrees that it is ordering Products for his/her own use only and not for re-sale, distribution or export. The Buyer shall indemnify Mitsu Fashion and hold Mitsu Fashion harmless against all losses, damages, liabilities, expenses and costs arising from any breach of this Clause 3.9.
3.10 For economical and standard delivery, the Buyer shall bear all shipping and handling charges (where applicable), as well as all applicable duties, tariffs and taxes (including but not limited to goods and services tax) at the prevailing rates, which are not determined at checkout but will be determined by your local customs officials once the Products arrive in your territory (where applicable). Buyer shall not be entitled to reject any Products, withdraw any Order, or claim any refund on the grounds that the Buyer does not agree with any such duties, tariffs and taxes. For express delivery, the Buyer shall bear all shipping and handling charges (where applicable). Standard duties, tariffs and taxes imposed by the delivery destination shall be borne by lemonpepper.in for orders shipped under express delivery.
3.11 All Online Payments are subject to processing by Mitsu Fashion’s payment service provider, the approval of the Payment Processing Company and the relevant issuing bank. Mitsu Fashion shall not be liable in any way if the payment service provider, Payment Processing Company or the issuing bank refuses to process or accept any Online Payment particulars for any reason.
3.13 Mitsu Fashion reserves the right to exercise its lawful remedies if a dispute or issue arises over Online Payments, or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the Payment Processing Company or the issuing bank rejects or reverses payment for an Order, Mitsu Fashion may in its discretion:
3.13.1 cancel the Order; and/or
3.13.2 Refusee to accept future Orders from you.
4 PRODUCT AVAILABILITY AND DESCRIPTIONS
4.1 Products displayed on the Online Store are subject to availability. Products may also be available in selected Mitsu Fashion stores internationally whilst stocks last. In some cases, Products displayed for sale on the Online Store may not be available in Mitsu Fashion stores or vice versa.
4.2 Mitsu Fashion has made every effort to display and describe as accurately as possible the colours, sizes, dimensions, information and other attributes of Products (“Attributes”). However, due to the inherent limitations of electronic displays and the characteristics of certain materials, actual Attributes of individual Products may vary. Slight marks and colour/print variations should not be considered as defects or render the Product non-compliant, but are inherent characteristics of the Product. All Attributes given on the Online Store are approximate only.
4.3 All Products displayed for sale on this Site are constructed of man-made materials unless otherwise stated.
5 TITLE AND RISK
5.1 Risk in the Products shall pass to the Buyer upon our delivery of the Products to the carrier.
5.2 Title in the Products shall not pass to Buyer until receipt by Mitsu Fashion of full and final payment for the Products and delivery of the Products to Buyer.
6 ORDER DELIVERY AND CANCELLATION
6.1 The Buyer shall designate in the Order the Buyer’s preferred delivery option or if available, collection options, and where the delivery option is selected, the address for delivery of the Products.
6.2 Subject always to Mitsu Fashion acceptance of the Order and to Clause 3.1,
6.2.1 Where the delivery option is selected:
a. Mitsu Fashion shall deliver the Products to such place of delivery as may be designated by the Buyer and agreed to by Mitsu Fashion. If no one is available at the delivery address to receive the Products, Mitsu Fashion’s delivery agent will leave an "unable to deliver" card at the address and the Buyer should follow the directions on that card to obtain delivery of the Products
b. The Buyer shall bear and pay to Mitsu Fashion:
(i) the Delivery and Shipment Charges
(ii) the delivery, re-delivery, shipment, return, forwarding, re-shipment, and administrative costs, tax, duties, storage and disposal charges and costs for any Product(s), which is/are rejected by the Buyer where such rejection is not made pursuant to an express right of the Buyer under these Conditions, or where any delivery to the Buyer is unsuccessful for any reason.
c. Please read our latest Delivery Terms for local and international deliveries, which shall apply to the Contract
6.2.2 Where the option is made available by Mitsu Fashion, and the Buyer opts for self-collection of the Products the Buyer shall collect the Products at an address designated by Mitsu Fashion.
6.2.3 Mitsu Fashion is unable to ship to any PO Box, military, protected area or location. Shipping and other charges for failure of attempted delivery to the restricted areas will be borne by Buyer or recipient of the Products.
6.2.4 There may be an administrative fee payable by the Buyer for any changes in delivery address for each Order.
6.2.5 The Buyer is aware that the courier company or customs authority may in their sole discretion, open and inspect for any reason the contents of the Product package, and Mitsu Fashion shall not be liable for any loss or damage thereby caused.
6.2.6 All custom declarations will be completed in English.
6.3 Any shipment, delivery or collection dates provided by Mitsu Fashion are estimates only and shall not form part of the Contract. Mitsu Fashion shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If Buyer's Order has not been delivered within a reasonable time, the Buyer should contact Mitsu Fashion at:
Waniyawad, Bhuj (Kutch)
India – 370001
Timings : Monday To Saturday
10.00 A.M to 5.30 PM IST
Fax (02522) 277135
6.4 Mitsu Fashion reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any or all Products from the Online Store, or to:
6.4.1 change its prices or specifications of any Product; or
6.4.2 deliver a Product which is similar to the Product ordered with minor differences,
(each a "Substitute Product"). The Buyer shall be deemed to have accepted such changes and differences if the Buyer accepts delivery of a Substitute Product.
6.5 An Order may be cancelled by the Buyer prior to payment for the Products by Buyer, provided always that:
6.5.1 the Buyer must contact Mitsu Fashion to request Mitsu Fashion for cancellation immediately;
6.5.2 Mitsu Fashion will endeavour to accommodate the Buyer's request, if the Order has not been processed; and
6.5.3 the Buyer shall pay any cancellation fees which may be imposed by Mitsu Fashion.
6.6 If an Order has already been processed, no cancellation or refund will be permitted.
6.7 The Buyer acknowledges that Mitsu Fashion's liability to deliver the Products to the Buyer pursuant to the Contract is subject to the availability of the Products. The Buyer further acknowledges that Mitsu Fashion retains absolute discretion as to the order of priorities in which any Products are delivered to Mitsu Fashion's customers.
6.8 Mitsu Fashion may deliver the Products in an Order by instalments, provided that full payment for the entire Order shall be made on or before the delivery of the first instalment.
6.9 Mitsu Fashion reserves the right to make only partial delivery of an Order. If only part of the Order can be shipped, Mitsu Fashion will use reasonable efforts to contact the Buyer to select replacements. If Buyer cannot be contacted, Mitsu Fashion will reject the entire Order.
7 ACCEPTANCE OF PRODUCTS
7.1 Unless the Buyer notifies Mitsu Fashion in writing to the contrary within thirty (30) days of the date of delivery, the Products shall be deemed to have been accepted by the Buyer as being in good condition and in accordance with the Contract.
7.2 A Product shall only be eligible for replacement if upon delivery:
7.2.1 it is damaged; or
7.2.2 the Product supplied is materially different from the Product specified in the Order,
(such Product being a "Defective Product").
7.3 The Buyer must report any Defective Product to Mitsu Fashion by submitting a “return request” through My Account online and describing the reasons and the Defective Product to be returned within thirty (30) days of its delivery, failing which the Buyer shall not be entitled to a replacement Product.
7.4 If Mitsu Fashion considers the Product to be a Defective Product, the procedure for returns set out in Mitsu Fashion’s Returns Policy will apply. The Buyer must produce the tax receipt together with the Defective Product in its original delivered condition and packaging.
7.5 Mitsu Fashion reserves the right to refuse any return or replacement of a Defective Product if:
7.5.1 The Buyer is unable to produce the Product details or tax receipt;
7.5.2 The Defective Product is a Third Party Product and Mitsu Fashion is not authorised by the supplier to process returns or replacements; or
7.5.3 The defect is the result of:
a. unique, accidental, or random damage that is the result of use by Buyer, or wear and tear.
b. accidental nicks, scratches, or minor damage;
c. improper use or mismanagement by Buyer;
d. unique, accidental, or random damage that is the result of use by Buyer, or wear and tear.
e. modification of the Product not authorised by Mitsu Fashion;
f. unusual or unrecommended physical, environmental or electrical stress by Buyer;
g. use of Product by a person other than Buyer; or
h. Buyer’s failure to comply with any terms of these Conditions.
7.6 Please see Mitsu Fashion’s Returns Policy for additional terms governing the return of Products.
8 CONTROLS AND RESTRICTIONS
Certain territories impose censorship, customs, import, export and/or other regulatory requirements and restrictions on Products. The Buyer shall be responsible for ensuring that all Products in the Order are and will be compliant with such requirements at its own costs. If requested, Mitsu Fashion will use reasonable commercial efforts to attempt to deliver the Order to the Buyer by providing supporting documents to the relevant authorities. Mitsu Fashion shall not be liable for any non-delivery or delay in delivery of any Product which fails to meet such requirements or which is intercepted by any government or regulatory authorities.
The Buyer shall be responsible for all (i) shipping charges for both the delivery and the return of the Order, (ii) charges, duties, taxes or penalties imposed upon Mitsu Fashion by the authorities in either the delivery or shipping destination, (iii) reasonable administration fee for all Orders which are unable to be delivered due to any regulatory requirements and restrictions on Products not being met after the reasonable commercial efforts of Mitsu Fashion.
9 NO WARRANTIES
9.1 Mitsu Fashion makes no warranty in respect of any Mitsu Fashion Product, express or implied, including any implied warranties of merchantability, quality, compliance with description and fitness for a particular purpose. Mitsu Fashion’s sole liability for any defects in any Mitsu Fashion Product is set out in Clause 7.
9.2 Mitsu Fashion makes no representations or warranties of any kind in respect of any Third Party Products, and all warranties express or implied in respect of Third Party Products, including any implied warranties of merchantability, quality, compliance with description and fitness for a particular purpose, are hereby excluded. Third Party Products including software, hardware, peripherals and accessories are covered by the warranties (if any) provided by the original manufacturer, licensor or publisher only.
10 EXCLUSION & LIMITATION OF LIABILITY
10.1 In no event shall Mitsu Fashion be liable to the Buyer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if Mitsu Fashion has been advised of the possibility of such loss or damage.
10.2 If any service (including but not limited to installation of any Product) is performed by any third party, Mitsu Fashion shall not be liable for any act, neglect, omission or wilful default of such third party, regardless of whether such third party is authorised by Mitsu Fashion.
10.3 The total liability of Mitsu Fashion to the Buyer for any and all claims whether by the Buyer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of the Contract and/or these Conditions by Mitsu Fashion shall not in any event exceed the price of the Product giving rise to such claims.
10.4 Nothing in these Conditions shall limit or exclude Mitsu Fashion’s liability for death or personal injury caused by Mitsu Fashion’s negligence.
11 FORCE MAJEURE
11.1 Mitsu Fashion shall not be liable for or be deemed to be in breach of the Contract and/or these Conditions by reason of any failure in performing any of its obligations under the Contract and/or these Conditions during any period in which performance is delayed by any Force Majeure Event.
11.2 Mitsu Fashion shall notify the Buyer of any delay or failure arising through any Force Majeure Event and provide a revised delivery date as soon as practicable. The Buyer may not terminate the Contract by reason of any such delay or failure.
11.3 In the event that any Force Majeure Event results in a shortage of Products, Mitsu Fashion shall be entitled to allocate its available stock of the Products among its customers in such a manner as Mitsu Fashion may consider equitable and may make partial deliveries of any Products to the Buyer.
12.1 Mitsu Fashion reserves the right to amend these Conditions without prior written notice, at Mitsu Fashion’s sole discretion, by posting a copy of the amended Conditions at the Online Store.
12.2 Any attempt to modify, supplement or amend these Conditions by the Buyer will be null and void, unless expressly agreed to in writing by Mitsu Fashion.
13.1 The Buyer shall not assign or otherwise transfer the Contract or any of its rights and obligations hereunder, whether in whole or in part without the prior written consent of Mitsu Fashion. Any such unauthorised assignment shall be deemed null and void.
14 NO WAIVER
14.1 No failure on the part of Mitsu Fashion to exercise, and no delay on its part in exercising, any right or remedy under the Contract will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
14.2 Any term or condition of the Buyer’s Order which is any way inconsistent with or in addition to these Conditions shall not be applicable or binding on Mitsu Fashion, unless otherwise agreed in a written agreement signed by Buyer and Mitsu Fashion, and any failure by Mitsu Fashion to object shall not be considered a waiver of these Conditions.
15.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
16 RIGHTS OF THIRD PARTIES
16.1 A person or entity who is not a Party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B of Singapore) to enforce any term of the Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of the Contract.
17 GOVERNING LAW AND JURISDICTION
17.1 These Conditions shall be construed in accordance with, and governed by the laws of Singapore, without giving effect to any principles of conflicts of law.
17.2 The Parties hereby submit to the exclusive jurisdiction of the Singapore courts.
TERMS AND CONDITIONS FOR BULK ORDERS
1. Definitions used: "Bulk Order" means orders placed on the Site which are in aggregate of a quantity of 10 or more items or in aggregate of a value exceeding US$600, which are delivered to the same delivery address, within a reasonable period. Each such order will be considered a “Bulk Order”.
2. By confirming the Bulk Order and Mitsu Fashion fulfilling the Bulk Order, you are deemed to have agreed to these Terms and Conditions for Bulk Orders in its entirety without modification, save that Mitsu Fashion reserves the right to amend these Terms and Conditions for Bulk Orders without prior written notice, at Mitsu Fashion’s sole discretion, by posting a copy of the amended Terms and Conditions for Bulk Orders at the Online Store
3. You agree that you shall not advertise, offer for retail sale, resale, distribution or export any of the Products purchased through the Bulk Order.
4. You shall not advertise any relationship or connection with Mitsu Fashion. Our fulfilment of the Bulk Order does not grant you any “distributorship”, “authorized purchaser” or any such similar status with Mitsu Fashion.
5. All Bulk Orders are subject to Mitsu Fashion’s online security screening. You may be contacted via email/phone to provide additional information required by Mitsu Fashion’s online security team.
6. You will incur an administrative charge if you cancel or amend the Bulk Order after confirmation.
7. Mitsu Fashion reserves the right to limit quantities of the Products sold and may discontinue accepting orders for any Product at any time. Mitsu Fashion reserves the right to accept or reject Bulk Orders in any combination or option(s) it determines to be in its best interest. Mitsu Fashion reserves the right to either process the Bulk Order partially and make refunds, or reject the Bulk Order in its entirety.
8. Due to the larger volume ordered, delivery and/or processing period of the Bulk Order may take longer than individual orders.
9. Bulk Orders are not eligible for refund or exchange except due to manufacturing defects. All refunds or exchanges due to manufacturing defects must be accompanied by an official receipt. We perform stringent checks on the Products prior to shipment to the courier company.
10. Mitsu Fashion retail stores and the Site are the official channels for sale of the Products. Mitsu Fashion shall not be responsible for any Products sold by unauthorised resellers. Please refer to Store Locator for our full store listing.
11. For Local Delivery Within Singapore, prices are inclusive of 7% Goods and Services Tax. You shall be liable for any additional taxes and duties (if applicable ).
12. For International Delivery Outside of Singapore, prices of the Products shown on the Site are not inclusive of any applicable duties and taxes to the designated delivery destination. You will be solely responsible to pay all applicable duties and taxes which may be imposed on the Products (where applicable ).
13. You may be subject to prepayment of the applicable duties and taxes (where applicable). In any event, if applicable duties and taxes are not collected during the prepayment, you will be liable to make payment to the customs broker during the delivery to the destination territory/address. You are advised to check with the local customs office of the delivery destination for more details on the applicable duties and taxes for the Products and any other payments required to be made to the payment to the customs broker.
14. The authorities in the delivery destination may require you to provide certain licenses, permits, documentation before the Bulk Order may be released to you. It shall be your sole responsibility to provide such documentation. In the event the Bulk Order is unable to be released to you due to your inability to provide such documentation, Mitsu Fashion shall be entitled to (i) claim the shipping charges for both the delivery and the return of the Bulk Order, (ii) charge any duties, taxes or penalties imposed upon us by the authorities in either the delivery or shipping destination, (iii) as well as an administration fee to you. For the avoidance of doubt, this clause shall apply notwithstanding the Bulk Order may have been shipped under express delivery.
15. Customs and import regulations or other regulations imposed by authorities in the delivery destination may impose certain restrictions on goods being imported. Such restrictions may include restrictions on certain materials used on the Products or limits on quantity. We will be unable to determine at the confirmation of your Bulk Order whether such regulations exist and/or may affect delivery of the Bulk Order. Under such circumstances, Mitsu Fashion will use reasonable commercial efforts to attempt to deliver the Bulk Order to you by providing supporting documents to the relevant authorities. You are responsible for ensuring that the ordered Products comply with import requirements in the delivery destination and are strongly advised to understand the delivery destination’s customs and import regulations before placing the Bulk Order.In the event the Bulk Order is unable to be released to you due to the failure to address such restrictions, Mitsu Fashion shall be entitled to (i) claim the shipping charges for both the delivery and the return of the Bulk Order, (ii) charge any duties, taxes or penalties imposed upon us by the authorities in either the delivery or shipping destination, (iii) as well as an administration fee to you. For the avoidance of doubt, this clause shall apply notwithstanding the Bulk Order may have been shipped under express delivery.