RETURNS POLICY

1.1 As a consumer, you may cancel your contract in relation to Products purchased on the Website, without any penalty, by either contacting Client Services on 0120-00-9570, email: ClientServicesJP@Bally.ch. You have seven (7) working days from delivery of the Products to submit your returns request.

1.2 We may ask you to bear all cost and liability for the courier if you cancel your contract due to your personal preference. Any costs or expenses incurred by you in the return of Products are not refundable.

1.3 You shall return the Products by packaging the relevant it/them securely. You shall return the Product(s) in the same condition in which you received them and they shall be returned in their original packaging; moreover, the Products shall not have been washed or damaged and the relevant identification tag shall still be attached to the Products with the disposable seal. Please note that Bally will review the returned Products via quality control.

1.4 If the Products, sent back in perfect condition, new and with all tags and labels attached, Bally will approve the return and reimburse the price originally paid. If the recipient of the Product(s) indicated in the order form is different from the individual who made the payment for such Product(s), the amount paid for returned items shall be refunded to the individual who made the payment.

1.5 On the contrary, if any of the labelling or tags are missing, do not comply with these General terms and Conditions of Sale or Bally has any reason to believe that the Products have been altered or are imitation of the Products or were not purchased directly through this Website, Bally will not accept the return and will return the Products back to you.

1.6 Should Bally accept the return, we shall refund the price of the Product(s). Bally will refund to the credit/debit card (only if you originally choose credit or debit card payment) or to the bank account you designate (only if you originally choose Cash On Delivery payment).

General Terms and Conditions of Use

Welcome to our web site ("www.bally.jp", the "Website"). These General Terms and Conditions of Use (the "Terms") govern the access to and use of the Website. Please read these Terms carefully. By accessing and using the Website as well as by purchasing the products on the Website, you agree to be bound by these Terms. If you do not agree to all or part of these Terms, we invite you not to use our Website. This website is managed and maintained by Bally Japan Ltd. ("Bally" or "we")), with registered office in Japan at 1-19-7, Ginza, Chuo-ku, Tokyo.

For any other legal information, go to the sections: General Terms and Conditions of Sale, Return Policy, Warranty Policy and Privacy Policy of the Website. Bally may amend or simply update all or part of these General Terms and Conditions of Use. Any amendment or update of the General Terms and Conditions of Use shall be posted for our users on the Home Page of the Website as soon as such amendments or updates have been made and shall be binding as soon as you access the Website after they are amended. If you do not agree to all or part of the Website’s General Terms and Conditions of Use, please do not use our web site.

The access to and use of the Website, including display of web pages, communication with Provider, downloading product information and making purchases on the web site, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Remember that you will be liable for your use of the Website and its contents. Bally shall not be considered liable for any use of the web site and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to Provider's liability for intentional torts and gross negligence.

In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.

1. Privacy Policy

We recommend that you read the Privacy Policy which also applies in the event that users access the Website and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes www.bally.jpcollects and uses your personal data.

2. Intellectual Property Rights

All content included on this Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, “Content”), is the property of Bally and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Bally as the case may be.

Bally shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Bally shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content.

Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Bally shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

3. Links to Other Web Sites

The Website may contain links to other web sites which are in no way connected to the Website or Bally. Bally does not control or monitor such third party web sites or their contents. Bally shall not be held liable for the contents of such sites and/or for the rules adopted by them in respect of, but not limited to, your privacy and the processing of your personal data when you are visiting those web sites. Please, pay attention when you access these web sites through the links provided on the Website and carefully read their terms and conditions of use and their privacy policies. Our General Terms and Conditions of Use and Privacy Policy do not apply to the web sites of third parties. the Website provides links to other web sites exclusively to help its users in searching and surfing the Internet and to allow links to web sites on the Internet. When Bally provides links to other web sites, Bally does not recommend that to its users access these web sites and it does not provide any guarantees to their web content or to services and products supplied and sold by these web sites to Internet users.

After you submit a Submission (as defined below) on Instagram or Twitter, you will have the chance to have your photographs, video, etc. appear on the dedicated area of the Website. Bally reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Website. You acknowledge and agree that Bally has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public through any part of the Website.

Any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audio visual recordings, graphics, music, and sound), or other information you provide to us by using the #BallySelfeet hashtag in a post on Instagram tagging @Bally_Swiss or using the #ShoeTip in a Tweet on Twitter, tagging @Bally_Swiss (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission, as well as your name, Instagram, Twitter, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to use such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations. You further represent and warrant that such Submission does not constitute or contain software viruses, 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 mislead us as to the origin of any Submission. You agree to indemnify us, Instagram, Twitter Inc., and any of our or their respective parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws. You acknowledge that Bally is not responsible for, and has no liability for, any use of all or any part of a Submission by any third party.

When you make a Submission using the #BallySelfeet in a post on Instagram or the #ShoeTip in a Tweet on Twitter, you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Bally without restriction. You represent and warrant that your provision of Submissions complies with all applicable laws, rules and regulations, Instagram's Terms of Use, Twitter's Terms of Service and any third party agreements to which you are subject. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission.

4. Links to the Website and Affiliate Partners

Please, contact Bally at the following e-mail address: ClientServicesJP@Bally.ch if you are interested in linking the Home page of the Website and other web pages which can be publicly accessible or if you wish to join our Affiliate Programme.

5. Disclaimers on Content

Bally has adopted measures to ensure that the content of the Website is accurate and does not contain any incorrect or out-of-date information. However, Bally cannot be held liable for the accuracy and completeness of the content, except for its liability for tort and gross negligence and as otherwise provided for by the law.

Moreover, Bally cannot guarantee that the web site will operate continuously, without any interruptions and errors due to the connection to the Internet.

6. Governing Law

These General Terms and Conditions of Use are governed by Japanese law.

GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale ("T&Cs") govern the offer and sale (together with the documents referred to below including the Privacy Policy and General Terms and Conditions of Use) of products marked with the "Bally" trademark ("Products") on the website www.bally.jp (the "Website").

Please read these T&Cs carefully before ordering any Products on the Website. By ordering any of our Products on the Website, you agree to be bound by these T&Cs.

The Products purchased on the Website are sold by Bally Japan Ltd., with registered office in Japan at 8-8-5, Ginza, Chuo-ku, Tokyo , (" Bally" or "we" or "us").

For any other legal information, please go to the following sections of the Website: Privacy Policy, Returns Policy and the Warranty Policy.

1. OUR BUSINESS POLICY

1.1 Bally offers its Products for sale on the Website, including its e-commerce business services are available exclusively to its end users i.e. any natural person who is acting for purposes which are outside his/her trade, business or profession. If you are not a consumer, please do not buy any Product(s) on the Website. We reserve the right not to process orders received from users who are not consumers and any other order which does not comply with our business policy.

1.2 . If you are under 20 you are prohibited from ordering Products from the Website without obtaining your parent’s consent.

1.3 We do not sell second-hand Products, flawed Products or Products of lower quality than the corresponding market standards. The main characteristics of Products are shown on the Website and on each Product page. The Products offered for sale on the Website may not exactly correspond to the real Products in terms of image, dimensions and colours depending on your Internet browser or monitor quality.

1.4 Products ordered on this Website may only be shipped to the countries indicated here: Japan(the "Country"). Please see Section 4 in these T&Cs for more information.

1.5 These T&Cs (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to Products on the Website between the users of the Website and Bally.

2. HOW TO PROCESS AN ORDER

2.1 To place an order you should select the Products you desire to purchase on the Website, select a size, add the items to your shopping bag by clicking on “Add to Shopping Bag”. Once you are ready to checkout, click on the shopping bag icon at the top right of the screen which will display all of the Products you have selected to purchase. It is your responsibility to check the items in your shopping bag are the correct style, colour and size before proceeding. Once you are ready to proceed with your order, click on “Secure Checkout” where you will be able to add gifting options and will be asked to select your preferred payment method and delivery option as well as enter personally identifiable information and after having read and accepted these T&Cs, click on the relevant acceptance button. You will be requested to log into your personal account (if you are already registered) or continue through guest check out.

2.2 All orders are subject to acceptance and availability. Please be aware that Products in your Shopping Bag are not reserved and can therefore be purchased by other users until you complete the whole checkout process.

2.3 Your order is an offer to Bally to buy the Product(s) contained within your order and is binding for a period of 15 (fifteen) days. An order shall be deemed to have been submitted to Bally when you receive an order receipt email (automatically generated) confirming the content of your order which has been received and is being assessed.

2.4 This order receipt email is a mere acknowledgement that we have received your order, but it does not confirm our acceptance of your offer to buy the Products.

2.5 Your offer shall be deemed as accepted and the relevant contract of sale is effective from the moment Bally dispatches the Product and you receive a confirmation email containing information about the acceptance of your offer, the dispatch time, essential characteristics of the purchased Products, a detailed breakdown of the price paid for each Product and details ("Order Status Update").

2.6 If your order is dispatched in more than one package, you may receive separate email for each package and by means of each separate order we conclude a separate contract of sale for the Product(s) specified in these emails.

2.7 You may access your order form by clicking on the section called My Account, Track My Order.

2.8 Bally reserves the right not to accept your order at its own discretion. In such case, Bally will inform you by email of the cancellation of the order.

2.9 By submitting an order form, you unconditionally accept and undertake to comply with these T&Cs as well as further conditions contained on the Website (including the Privacy Policy, Returns Policy and the Warranty Policy).

2.10 We strongly invite you to print a copy of these T&Cs and the order form using the print option and save a copy thereof for your own personal use.

3. PRICES AND PAYMENTS

3.1 All prices indicated on each Product page are inclusive of consumption taxes. You need to incur a consumption tax (8 percent of price of product). Prices are subject to change. However, such changes will not impact the price, or the description of the Products which you have already submitted an order for. The price of Bally retail stores may be different from the Website.

3.2 Although we have taken all reasonable care that prices contained in the Website are accurate at the time of publication, a small number of Products in our Website may be mispriced. Prices are confirmed when you will receive your order receipt email outlining the different charges.

3.3 You may pay for your order using the payment methods available on the Website such as payments with credit or debit cards and Cash on Delivery (cash only). .

(a) Credit Card or debit card

Available cards: Visa, Master Card, American Express Card, JCB

(For debit cards: only debit cards that are integrated with the above credit cards)

Available payment method: single installment payment only (b) Cash On Delivery

The maximum price for the order (including consumption tax) with Cash on Delivery is JPY 300,000. If you want to purchase items with more than JPY 300,000, you need to place orders separately and each order should be maximum JPY 300,000.

Please pay by cash to the delivery company upon delivery of Product.

You are required to receive the Product that you ordered with Cash On Delivery within 7 days. If you do not receive the Product within 7days, the order will be automatically cancelled.

3.4 We take reasonable care to make our Website secure. All credit or debit card transactions on our Website are processed using Cybersource, a secure online payment gateway that encrypts your card details in a secure host environment. We will securely store your credit or debit card details on the Demandware platform. These details will be fully encrypted and only used to process card transactions which you have initiated or to issue refund in case of return or unavailability of the Products or for reporting cases of fraud to the police.

3.5 Should your payment fail to process the order online, please ensure that all your details submitted are correct and retry the transaction. Should the problem persist, please contact your card issuer directly as Bally will be unable to assist you with these types of payment failures.

3.6 Payment will be “reserved” or “frozen” by your card issuer when you attempt to/make a purchase on the Website. If you choose credit or debit card, the price for the purchase of Products and the corresponding costs, as indicated in the order receipt email, will be charged to your chosen payment method only when the purchased Products are actually shipped.

3.7 To ensure that your credit or debit card is not being used without your consent Bally will validate your name, address details and other personal information supplied by you in placing the order through facilities offered by Cybersource Corporation.

3.8 Bally reserves the right to implement any additional and/or other payment security system from time to time.

3.9 Refunds, for whatever cause due, of any payment received by you will take place using the following methods in accordance with the method of payment you chose during the check-out procedure and cannot be amended after your order has been placed.

Method of payment you choose Method of refund

Credit or Debit Card Via Credit or Debit Card

Cash On Delivery Via Bank transfer

Bally will not be responsible for any delays beyond its control including delays caused by the method of payment/refund or those incurred by the card issuer.

4. SHIPPING AND DELIVERY

4.1 Bally will cover shipping fees for the delivery.

4.2 Delivery from this Website is restricted to the countries indicate here: Japan.

4.3 Bally are unable to deliver to addresses such as P.O boxes or BFPO. Any orders with these delivery details will be automatically cancelled.

4.4 The Order Status Update will contain information on the carrier and the associated tracking number(s) once your order is dispatched.

4.5 Currently, the Bally carriers are only able to deliver Monday to Friday (excluding public holidays), during working hours in the relevant Country.

4.6 We will make every effort to deliver the Products by the estimated delivery date indicated in your order form and during your checkout. However, such delivery date is not binding and Bally will not be liable for any delay in delivery.

4.7 All shipments will require a legible signature of the customer upon delivery.

4.8 Upon delivery, it is the customers’ responsibility to ensure that the parcel that they are signing for is without damage, visible alteration or wet.

4.9 Upon full and correct payment, delivery, and signature of the parcel, the Products will become your property and you will become fully responsible for the Products.

5. RIGHT OF WITHDRAWAL/RETURNS POLICY

5.1 As a consumer, you may cancel your contract in relation to Products purchased on the Website, without any penalty, by either contacting Client Services on 0120-00-9570, Email:ClientServicesJP@Bally.ch. You have seven (7) working days from delivery of the Products to submit your returns request by email or phone call.

5.2 More details of your right of withdrawal, terms and conditions and explanations of how to exercise it are provided in the Confirmation and in the Returns Policy.

6. WARRANTY

6.1 Bally warrants to the consumer that the Products that we delivery from this Website comply with the specifications and are free of material defects and workmanship errors for a period of twelve (12) months from the date of delivery.

6.2 Details of the statutory warranty on consumer goods, terms and conditions and explanations of how to exercise the relevant rights and returning the defective Products are provided in the Warranty Policy.

7. CLIENT SERVICES

7.1 Client Services will be able to assist customers with requests for information, assistance on orders, shipping, refunds and returning Products purchased on the Website. Client Services can be contacted on 0120-00-9570 or via email at ClientServicesJP@Bally.ch Client Services operating times are: Monday to Friday, from 11am -1pm, 2pm -5pm.

8. LIMITATION OF LIABILITY

8.1 The Products displayed on the Website may not exactly correspond to the real items in terms of image, dimensions and colour depending on your Internet browser and/or your monitor quality.

8.2 Except for cases of gross negligence and fraud, in no event will Bally and/or its affiliate be liable to the buyer for lost profit or any damages of any nature arising out or related to these T&CS and/or in connection with third party claims raised against the purchaser of the Product.

8.3 Although we have taken all reasonable care that the information contained within the Website is accurate at the time of publication, no representation or promise (including liability towards third parties), expressed or implied, is made as to its accuracy or completeness or fitness for any purpose by us or our group companies.

8.4 The total amount of Bally's liability in respect of the purchase of Products under these T&Cs is limited to the amount paid by the buyer for the purchase of the Products.

8.5 Liability based on statutory provisions protecting consumers shall remain unaffected.

9. PRIVACY

9.1 You will find information on how we process your personal data and on the security systems of the Website by clicking on Privacy Policy. We recommend that you read this carefully.

10. ASSIGNMENT

10.1 Bally may sub-contract the performance of all or any of its obligations under these T&Cs at any time without the consent and may transfer these T&CS (including a transfer resulting from a merger, demerger, division, transfer of a business unit or part of a business unit or the entire business) and/or the purchase contract entered into by and between Bally and the buyer, completely or partially, to third parties (including affiliates of Bally), without the consent of the purchaser.

10.2 The Customer must not assign or subcontract any right or obligation under these T&Cs without the prior written consent of Bally.

11. FORCE MAJEURE

11.1 In the event of strikes, difficulties or other events due to general or local extraordinary conditions, which would influence the delivery of the Products, Bally shall be authorised to postpone deliveries or to cancel them.

11.2 We will not be liable for any failure, any suspension or any termination of access to the Website arising out of any event beyond our reasonable control.

12. OUR CONTACT DETAILS

12.1 Our contact details are:

Bally Japan Ltd., 1-19-7, Ginza, Chuo-ku, Tokyo

Representative Director: Makoto Takakuwa

Telephone number: (Bally Japan Client Service) 0120-00-9570
(Monday to Friday, from 11am -1pm, 2pm -5pm )

Email: ClientServicesJP@Bally.ch

13. ENTIRE AGREEMENT, AMENDMENTS AND UPDATES

13.1 These T&Cs supersede and replace all prior general conditions of sale of the Website.

13.2 These T&Cs and all the other policies of the Website may be amended from time to time due to new laws and regulations or other reasons. The new T&Cs and policies shall be effective as of the date of publication on the Website in relation to new orders placed after their publications.

14. SEVERANCE

14.1 If any provision of these T&Cs shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these T&Cs which shall remain in full force and effect.

15. GOVERNING LAW AND JURISDICTION

15.1 These T&Cs and the other policies of the Website shall be governed by and interpreted in accordance with the laws of Japan. Disputes arising in connection with these terms shall be subject to the non-exclusive jurisdiction of the court of Tokyo, without affecting the consumer's right to start a claim before the courts of the place of residence.

These General Terms and Conditions of Sale are subject to updates and amendments from time to time. The version published on the Website is the version currently in force. The purchase of the Products is subject to the General Terms and Conditions of Sale which are placed on the Website at the date of your submission of the order form.

The effective date of these General Terms and Conditions of sale is 28^th September 2015.

PRIVACY POLICY

1. Scope and Consent

1.1 This privacy policy ("Privacy Policy") is applicable to the website www.bally.jp (the "Website") and refers to the processing of personal data during both the Website navigation by users who only consult the Website and the interaction with the services and features offered through the Website (including the online store) by users who freely provide their information by filling in specific forms and/or via email in order to access reserved sections within the Website or receive newsletter and/or commercial and promotional information.If the user is purchasing as a guest customer we will not process his data for profiling purposes.

1.2 The Privacy Policy specifies the identity of the data controller that controls and manages the personal data collected and processed through the Website, and indicates which personal information is to be collected, the purposes and ways of processing and communicating to third parties the user's personal data, the security measures adopted in order to protect said data and the ways in which the user may check the data processing regarding his/her person and exercise his/her rights.

1.3 By using the Website the user consents to our collection, use, disclosure, retention, storage and transfer of his/her personal information as described in this Privacy Policy, in the General Terms and Conditions of Sale and General Terms and Conditions of Use. We may amend this Privacy Policy and the new terms shall be effective as of the date of publication on the Website.

1.4 This information is provided solely for the Website and does not extend to other websites which the user may be able to consult via a link and/or activities offered by third parties.

2. the Data Controllers

2.1 The data controller of the Website is Bally Japan Ltd. ("Bally", "we", or "us"), with registered office in 8-8-5, Ginza, Chuo-ku, Tokyo (Japan).

2.2 As indicated in the General Terms and Conditions of Sale, the online store of the Website is managed by the company Bally Japan Ltd., with registered office in 8-8-5, Ginza, Chuo-ku, Tokyo (Japan). Bally deals with managing sales and transactions carried out through the Website, such as processing orders, sale and delivery of products, processing returns and warranties and other activities necessary for the sale of products through the Website. For the managing and the implementation of activities required for the sale of products through the Website, Bally processes users data (including name and surname, address and user credit card details).

3. Collection of Personal Information

3.1 User can browse our Website without telling us who he/she is or revealing any personal information about himself/herself. If user chooses to provide us with personal information for the user of our services and features offered through the Website, he/she is no more anonymous to us.

3.2 We collect the following types of personal information (collectively "Data") in order to provide you with the use of and access to our Website and/or the relevant e-commerce services and to help us to personalize and to improve your experience on the Website:

(a) Information we collect automatically: the computer systems and processing programs required to run the Website log, during their normal operation, certain data whose acquisition is automatic and inevitable (whenever Internet protocols are used) and which, for their own nature, may allow the identification of the users if they are processed and associated with other data owned by third parties, including, but not limited to, device ID or unique identifier, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the Website, referral URL, IP address, and standard web log information, anonymous information collected through our use cookies and web beacons (collectively, "Surfing Data"). Bally collects Surfing Data exclusively for statistical purposes and in anonymous form in relation to the access of the Website and for purposes of monitoring the correct functioning of the Website and of enhancing the Website functioning and content.

(b) data provided voluntarily by users: personal information provided voluntarily by users via email, user interaction with the Website's features, requests for services offered by the Website, completion of specific forms to access reserved sections of the Website and to be provided with e-commerce service offered through the Website, including name, gender, email address, phone number, physical contact information, (depending on the service used) sometimes financial information, such as credit card and/or or bank account numbers, postage, billing and other information user provides to purchase products through the Website, as well as, additional personal information we may ask you to provide our services.

4. Cookies and Automatic data collection tools

4.1 The Website uses automatic systems of data collection such as cookies. A cookie is a device transmitted to the hard disk of an Internet user: it does not contain intelligible information but it allows linking between an Internet user and his/her personal data (such as, by way of example, user’s IP address and other information about user’s experience on the Website and his/her preferences expressed while choosing services and purchasing products offered by the Website) provided by the user on the Website. Cookies are disseminated by servers and no one may gain access to information contained therein. These information and data are gathered directly and automatically by the Website and are processed in a collective and anonymous way.

4.2 The acceptance of automatic data collection procedure and the use of cookies are necessary for using the Website and its services. In case a user starts the procedure of deleting cookies Bally cannot ensure that all web pages of the Website will be displayed or that certain services will be supplied. You can review our Cookie Policy for more information.

5. Data submission

5.1 The submission of Data by the user is necessary to subscribe to the Website and to access the services and features offered by the Website and in the reserved areas, including the online store and the relevant e-commerce services. Failure to provide Data will prevent the user from accessing and using said services and features.

5.2 The submission of Data for marketing purposes is always voluntary and optional. Any non-submission of Data for such activities will have no consequence on the user's possibility to use the services and features offered by the Website.

6. Processing methods and purposes

6.1 Data shall be processed manually or with the aid of electronic tools for the following purposes:

(a) operations management of Website navigation and relevant access data;

(b) data security and Website security management;

(c) to provide e-commerce services offered through the Website;

(d) to provide other services requested by users as described when we collect the information;

(e) to prevent, detect, and investigate, fraud, security breaches, potentially prohibited or illegal activities, and enforce our General Terms and Conditions of Sale and General Terms and Conditions of Use

(f) for market research and statistical processing;

(g) to contact users for other purposes authorized by the applicable law.

6.2 Furthermore, with the user's consent that is free and optional, Bally may also process Data for purposes of defining individual or group profiles (user profiling) and for marketing purposes, notably to send to user, also through newsletters, emails or text messages, information and updates on Bally products or initiatives, offers, exclusive sales, promotional campaigns and on the events, shows and similar events organized by Bally or to which Bally takes part to, including invitation to such event. The user has always the possibility to object the processing of his/her Data for marketing purposes and/or the delivery of promotional information through email.

6.3 We do not sell users’ Data to third parties for their marketing purposes without users’ explicit consent. We may combine users’ Data with information we collect from other sources and use it to improve and personalize our advertising and marketing to users.

7. Storing and Protecting Data

7.1 Data collected will be stored and processed via an electronic system located in Bally and elsewhere in the world.

7.2 We protect user’s Data using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorization controls.

7.3 We take steps to ensure that the users’ Data we collect is accurate and up to date, and we provide users with the opportunity to update their information as specified in this Privacy Policy.

8. Data Communication and Disclosure

8.1 Data will be accessible within Bally organization by the internal and external personnel.

8.2 We may also share users’ Data with:

(a) any other company within the Bally Group. All security and privacy measures have been put in place at Group level in order to ensure an adequate level of data protection irrespective of the geographical location of each Bally Group company that is the receipt of the above mentioned Data. Members of Bally Group may use users’ Data to send marketing communications only if users have consented to their services and will use users’ Data in compliance with their respective privacy policies and applicable law;

(b) professionals, independent consultants, credit bureaus, banks and financial institutions, third party companies to which Bally may revert to in relation to performance of technical and organizational services as well as service providers under contract who help with our business operations (such as, but not limited to, Website operations, payment services, shipments, fraud investigations, bill collection, affiliate and rewards programs);

(c) other third parties to whom users explicitly ask us to send their information (or about whom users are otherwise explicitly notified and consent to when using a specific service);

(d) law enforcement or regulatory agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity through the Website that may expose us and/or the user to legal liability;

(e) other business entities, should we plan to merge with or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to users’ Data.

8.3 The aforementioned subjects that receive user's Data will process them as data controllers or co-data controllers, data processors and/or persons in charge of processing Data as the case may be, for the same purposes above specified and according to applicable Personal Information Protection law. The list of data processors and the receiver of data can be requested at any time by the user of Bally.

8.4 If users’ Data will be used or disclosed for any purposes not set out in the Privacy Policy, they shall receive prior notification.

9. Data Subject’s Rights

9.1 User is entitled to obtain, at any time, a copy of their information and to have any inaccuracies corrected. Where appropriate, the user may have their personal information erased, rectified, amended or completed. Please Call to us at Phone number 0120-00-9570 or send an email to ClientServicesJP@Bally.ch.

9.2 User may revoke, at any time, consent to the delivery of commercial and promotional material via email by clicking the “unsubscribe” link in every commercial communication sent by Bally and/or other companies of Bally Group.

COOKIE POLICY

The website www.bally.jp (the "Website") uses automatic systems of data collection such as cookies. A cookie is a small piece of data that is used to store information on your computer's browser or program data subfolders when you visit a website, such the Website.

This page is designed to help you understand more about these technologies and our use of them on the Website.

Cookies are widely used in order to make Website works, or works more efficiently, as well as to provide information to us. Cookies can be disabled or removed by tools that are available in most commercial browsers. The preferences for each browser you use will need to be set separately and different browsers offer different functionality and options.

Our Website uses various different types of cookies and similar technologies, each of which has a different function as set out in the table below:

Technical or browsing cookies : These cookies enable the Website to function correctly and allow you to view it in your language and for your market from the first time you access it. They will recognise your country so that on any subsequent visits, you are directed straight to the Website. They also allow you to create an account, log in and manage your orders. If you are a registered user, these cookies mean you will be recognised as such when you access the services offered to our registered users. These cookies will recognise if you make a purchase from the website through an affiliated or partner site so that we can fulfil any obligations we may have to those partner sites. These cookies are necessary for the Website to function.

Functional cookies : These cookies enable the Website to recognise you, following an explicit request from you (for example, if you click on "remember me"), every time you access the Website, so that you don't have to type in your login details each time.

If you have added items to your basket and closed the session without completing your purchase, but have not removed the items from your basket, these cookies enable you to carry on shopping with the same basket the next time you visit the website within a reasonable period of time.

These cookies are not essential for the Website to function, but they improve the Website and the browsing experience.

Analytical cookies : These cookies are used for example by Google Analytics in order to carry out statistical analyses of how users use the Website through their computers or via our mobile applications, such as how many pages a user has visited or the number of mouse clicks made on a page while using the website. In such events, Bally processes the results of these analyses in an anonymous way and for statistics purposes only, provided that the service supplier uses the cookies in connection with the browser installed on your computer or other device used to browse our Website.

Third-party cookie of marketing/retargeting : These are cookies used by third-party companies that we trust to show you ad banners on other websites affiliated to us featuring the latest Website products you have viewed when browsing. While you are browsing our Website these cookies are also used to show you banners featuring products that maybe of interest you or similar to products you have previously viewed based on your browsing history. The usage of these cookies does not usually imply the processing of personal data but it may create a connection with your computer or other device by tracking the information stored in it: these cookies are then connected to the browser installed on your computer or other device used during the navigation on our Website.

How can user disable cookies?

Most web browsers (Internet Explorer, Google Chrome, Firefox, etc.) are configured to automatically accept cookies. However, most web browsers allow some control of most cookies through the browser settings, including the disabling of cookies at any time. We wish to make you aware, however, that disabling technical/browsing cookies or functional cookies may prevent our Website from functioning correctly and/or may not allow you to fully and effectively take advantage of the services we offer.

To find out more about cookies, including how to manage and disable third-party or marketing/retargeting cookies, visit www.youronlinechoices.com.

In order to disable analytical cookies and to opt out of being tracked by Google Analytics across all websites, you can download the Google Analytics Opt Out Browser Add-on: tools.google.com/dlpage/gaoptout.

WARRANTY POLICY

1.1 Bally warrants to the consumer that the Products comply with the specifications and are free of material defects and workmanship errors for a period of twelve (12) months from the date of delivery (however, subject to follow the terms provided in 1.3 and 1.4).

1.2 This warranty applies only to Products which are a) manufactured by or for Bally as identified by the "Bally" trademarks, trade name, or logo legally affixed to them and b) purchased by consumers from this Website.

1.3 If a Product has manufacturing defects or in any case of alleged lack of conformity of Products, in order to benefit from his/her rights under this warranty policy the customer must notify the Client Services on 0120-00-9570, Email: ClientServicesJP@Bally.ch within a period of seven (7 )working days from the date on which he/she detected such lack of conformity. In any case, the proceedings intended to enforce the lack of conformity not fraudulently hidden by Bally shall in any event expiry after twelve (12) months from delivery of the Product(s). If you offer it after twelve (12) months from delivery of the Product(s), we will not accept your request.

1.4 The Product(s) should be returned to Bally within seven (7) working days following notification to Bally of the damaged or defective Products.

1.5 Bally will examine all Products returned as damaged or defective and in case of a lack of conformity, will replace the Product, or, if this is not possible, refund the price paid.

1.6 Bally will refund the price and your costs of returning defective Products to the credit/debit card (only if you originally choose credit or debit card payment) or to the bank account you designate (only if you originally choose Cash On Delivery payment). If the recipient of the Products indicated in the order form is different from the individual who made the payment for such Products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.

1.7 In the event that Bally finds no fault with the returned Products, you will be notified on the above and that the returned Products cannot be accepted and you may elect to have the Products re-delivered to you. If you do not accept re-delivery, Bally reserves the right to retain the Products and the purchase price.

1.8 This warranty does not apply (i) if the Product has been subject to faulty and improper use, repair, alteration and/or modification in any way that is not covered in the documentation for the Product; (ii) to damages caused by failure to follow the instructions covered in the documentation for the Products or other specific instructions from Bally; (iii) if the Product is damaged by misuse, abuse, negligence, accident, normal wear and tear and deterioration, improper environmental conditions or lack of responsible care, (iv) to damages due to any other cause not related to defective design, workmanship and/or materials.

1.9 This warranty is in addition to your legal rights in relation to Products that are faulty or not as described.