All sales made by CONTINENTAL CLOTHING ("Seller") to you ("Customer") are governed by these Terms and Conditions of Sale unless otherwise indicated by CONTINENTAL CLOTHING 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.
Sale is Contingent on Customer’s Acceptance of 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 signed by Seller and Customer.
Seller accepts Bank Wire or Paypal. Net terms will be accepted with pre-approved credit upon credit terms determined by Seller. Custom orders require different payment terms, as specified below.
Customer is responsible for all shipping and freight charges, FOB Seller’s warehouse. Orders received prior to 3:00 PM will be shipped same day, subject to availability. Inventory will fluctuate on seasonal items. Orders are normally shipped by DHL. 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 amount of such charge plus a 20GBP handling fee will be billed to Customer and payable upon receipt. Seller will not be responsible for shipping delays caused by a carrier. Shipping charges may be billed separately.
It is understood that should Customer become delinquent in payment, no further credit will be extended. Seller will charge 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 is likely to suffer if Customer defaults in its payment obligations.
Notice of Defects
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
Send your return to us via DHL:
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.
Special Terms Applicable to Custom Orders
The following terms and conditions shall apply to custom orders. All custom orders require a 50% deposit prior to commencing production, with the balance to be paid upon terms assigned by Seller. Order will not be placed without signed order confirmation from customer. NO MODIFICATIONS OR CANCELLATIONS WILL BE ALLOWED ONCE ORDER CONFIRMATION HAS BEEN SIGNED AND MERCHANDISE HAS ENTERED PRODUCTION. All trims such as labels, hang tags and price tickets must be received by the Seller at least one week prior to the order confirmation otherwise delivery will be revised. Delays in the approval phase of a custom order may result in delivery delays. Seller will revise ship date as delays occur. All orders ship within +/- 5% of the total quantity ordered. Customer will be billed for actual quantity shipped. All shipping costs are the responsibility of Customer, FOB Location specified on order confirmation. All custom order sales are final, based on approval of pre-production sample. No returns of custom merchandise are allowed. Customer shall assert claims for shortages or defective merchandise in accordance with the Terms and Conditions of Sale within 7 days of receipt of goods by the Customer. Shipment and receipt dates quoted to Customer will be approximate and are not guaranteed. Seller will not be liable for delays arising or resulting from customs inspection, clearance, or acts of omission by Customer. Seller adheres to industry-wide standards for tolerances on each point of measure. Refer to approved spec sheet by style for this information. Seller also adheres to industry-wide standards on piece dye tolerances. All custom dye colors will be within industry-wide standard tolerance of +/- 15% Seller’s shade band standard.
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.
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