— Article 1:(General Provisions)
1. SENDICO CO., LTD. (hereinafter "our company", "we", "us") will determine the "SENDICO Service Terms and Conditions" (hereinafter "Terms of Service") and any other individual rules and bylaws that will apply to individuals using our company's auction and shopping proxy services (hereinafter "our service") operated by our company on http://www.sendico.com (hereinafter "this site").
In the articles below, the Terms of Service and individual agreements are collectively referred to as the Terms of Service.
2. We reserve the right to change or specify new individual agreements at any such time as we deem necessary. In cases where the Terms of Service and individual agreements contain contradictory statements, individual agreements shall be preferentially applied.
Individuals who wish to use our service acknowledge that using our service constitutes acceptance of both the Terms of Service and of any individual agreements, and accept that these apply collectively to all use of our service.
3. For individuals who wish to use our service, upon agreeing with our Terms of Service and registering on our site with the necessary information through our prescribed process, will qualify as a member (hereinafter "member") upon approval by our company.
4. Our terms and services will apply to all members, and all members are obligated to comply with the contents.
5. We are not liable for any damages or losses caused by violation of our Terms of Service.
6. We reserve the right to change, amend, or modify the Terms of Service at any time without prior notice. Any changes to our Terms of Service will take effect immediately once updated on our site.
— Article 2:(Member Registration)
1. To become a member on our site, individuals will be required to enter personal information on the designation registration form on our site. Individuals are responsible for inputting all necessary information as accurately and completely as possible when registering for membership.
2. Members are limited to one account per person, and registration of multiple accounts is prohibited. In the event that an individual is determined to have multiple accounts, we reserve the right to suspend or delete the member's account(s). We will not be held liable for any damages or losses caused as a result of this.
3. Persons are prohibited from having third parties register to become a member on their behalf. Minors who wish to become a member on our site must first obtain the consent of a parent or legal guardian. Refunds or cancellations of purchases will not be granted due to a member being a minor.
4. In the case that any of the following instances are found, we reserve the right to deny membership. In addition, we reserve the right to suspend or terminate membership after approval of membership registration: (1) If a person's membership has been cancelled or suspended in the past; (2) If a person has failed to pay for our services in the past; (3) If a person has refused to pay or has filed for a refund via a financial institute or credit card company for fees charged by our service in the past; (4) If a person has intentionally acted to obstruct or harm the operation of our service; (5) If falsehoods, inaccuracies, or insufficient information is found in a person's registered information; (6) If a minor has registered for our service without obtaining permission from a parent or legal guardian; (7) If a person has violated any of our Terms of Service; (8) If we are unable to confirm the authorization code for a credit card transaction with a person, and (9) Any other case we deem appropriate in accordance with our Terms of Service.
— Article 3:(Account Management)
1. Once we have approved member registration, a user ID and password (hereinafter "ID", etc.) will be granted to the member. Members are responsible for protecting their own user ID and password information, and are responsible for regularly changing their password. We are not liable for any losses or damages incurred from a member's negligence of this responsibility.
2. Members are prohibited from the sharing, lending, transfer, sale, etc. of their account benefits or user ID to a third party.
3. Upon confirmation of a registered user ID and password, we consider the user of the account to be the owner, and use of the account to be the member's full responsibility. We will not be liable for any losses even in the case of unauthorized use of an ID by a third party. Payment to cover any damages incurred to the member or our company will be the member's responsibility.
4. Members are responsible for immediately updating any registered information accordingly on their account management page (hereinafter "account page") in the event of any changes. We are not liable for any losses or damage incurred due to a member's negligence or failure to comply with the designated procedures on our site. Depending on the order stage or payment method, there may be cases where payments or shipments are processed using previously provided information. Our company will not be held liable for any inconveniences or damages caused by this.
5. With the exception of members with pending shipments or item delivery to our warehouse, members are able to withdraw membership and deactivate their account through the designated procedures on their account page. As such, members must confirm if they have any remaining orders on their account that have not yet arrived or been completed before withdrawing membership. In the case that we determine the owner of an account to be deceased, we reserve the right to judge the account as inactive and deactivate it.
— Article 4:(Handling of personal information)
1. SENDICO may use your personal information for the following purposes as defined in our Privacy Policy: (1) Management of user and order information; (2) Product sales, charging of various fees; (3) Shipment of orders; (4) Notifications regarding sale campaigns, new product information, and important site operation news; (5) Mail Magazine distribution; (6) Conducting surveys; (7) Point and coupon rewards; (8) Contacting users for confirmation and answering inquiries; (9) Statistical survey or data analysis; (10) Sharing beneficial information to users regarding product development and other service improvements for marketing analysis purposes, various sale campaigns and new product notifications through partner companies. Sharing method: through sending documents or electronic/electromagnetic methods to third parties (However, the sharing of personal information with third party companies can be stopped by the request of the user), and (11) Other purposes conforming to or closely related to the above listed purposes.
2. SENDICO, excluding situations when required by law, will not disclose or share individual personal information to third parties that do not have purpose of use indicated without your consent. However, in the following situations, we may share various information as defined in the previous section as personal information by sending documents or through electronic/electromagnetic methods to third parties. (1) In the case that disclosure of payment information to related parties is necessary; (2) In the case when it is necessary for the shipment of products, etc. or procedures for packages to pass customs; (3) Disclosure of user and sales information for the purpose of improving our service to third party partner companies; (4) In the case that our business or part of our service is entrusted to a third party; (5) Disclosure of information in the case of a company merger, transfer of business, or other reasons for a succession of business to the inheriting party, and (6) When required to in accordance with personal information protection laws, or other laws.
3. Users can request for exemption from having their personal information shared by SENDICO for any of the reasons listed in the previous section (excluding (1)(2)(6)).
4. In order to provide members with a better service, this site uses cookies. Further, we make records of our members' access history and site usage in order to authenticate users of our service. We may also record the following information: 4.1 IP addresses used to access our servers, and 4.2 Device used when accessing our site through a mobile device.
— Article 5:(Suspension/Termination of Membership)
In the event that we determine a member has taken any of the actions below, we reserve the right to without prior notice suspend or terminate that member's account. Our company will not be held liable in case of any losses or damages resulting from suspension or termination of membership:
(1) Not completing payment of any fee(s) charged within the designated payment period;
(2) Using a user ID for illegal purposes, or having a third party use a member's account for illegal purposes;
(3) Requesting a chargeback or refund through a credit card company or payment agency;
(4) Using our service for fraudulent or illegal activity;
(5) Violating our Terms of Service;
(6) Violating the law;
(7) Facing administrative disciplinary action;
(8) Being or thought to be associated with antisocial organizations or forces;
(9) Failing to correctly input a login password after a certain number of attempts (in order to protect members' personal information);
(10) Leaving an account inactive for a period of time determined by our company, and
(11) Any other reason we deem a person to be ineligible for membership.
— Article 6:(Service Details)
1. Our service is the purchasing of products or services (hereinafter "items") from Japanese online auction sites and stores (hereinafter "sellers") chosen by members and shipping of successfully purchased items to members' registered addresses.
2. All members' purchases will be covered by SENDICO Protection Plan.
Terms of SENDICO Protection Plan:
2.1 Items purchased will be fully insured and compensated in the case of a fraudulent transaction, non-delivery due to seller or store negligence, as well as any loss or damage incurred during domestic shipment.
2.2 Upon warehouse delivery, we will confirm that your item matches the store or seller's provided description and photos. *Only if member orders a contents check.
2.3 Item functionality and brand authenticity will not be checked nor covered by this plan. When purchasing secondhand items, flaws such as stains, dents, scratches, cracks, creasing, fraying, faded colors, etc. are not covered.
2.4 Items will be packed with extra care for international shipping. SENDICO has an optional service fee for an extra packaging. It can be chosen on our behalf.
2.5 If an item arrives broken, damaged, or missing parts, please apply for compensation within 7 days in order to receive a refund or exchange your item.
2.6 In order to apply for compensation you must submit the following:
- Proof of a damage report/claim placed to the post office or delivery company. (E.g. your reference number or a screengrab of your receipt);
- Photos of the package exterior, interior packaging, and state of the damaged item(s). (in the case of damaged or broken items);
- Shipment tracking number;
- Order ID of the damaged or missing item(s), and
- Basic explanation of the damage to your item(s).
2.7 Members must submit the damage report to the post office or delivery company within 7 days of the package's arrival.
2.8 Broken items that are eligible for a full refund under our Buyer Protection Plan must be shipped back to us within 1 week of request in order to receive compensation.
2.9 Our company takes no responsibility in cases where we were not able to purchase the correct item due to errors or ambiguous phrasing in the order information provided by the member.
2.10 Compensation is not provided for items that couldn't clear customs.
2.11 Compensation is not provided for import taxes or customs fees.
2.12 Items eligible for compensation will be refunded to the user account on SENDICO service page regardless of the original payment method.
3. We are not liable for issues regarding item functionality or brand authenticity. In the case that items purchased are found or suspected to be counterfeit or are not functioning correctly after arriving at a member's delivery address, members agree that they will not seek compensation directly from our company.
4. Our service's business operation hours are from 9:00 AM to 6:00 PM JST (including weekends and national holidays). However, members are able to place orders outside of our business hours.
5. Our Customer Service operation hours are from 9:00 AM to 6:00 PM JST (not including weekends and national holidays).
6. As our Customer Service center does not operate on weekends or national holidays, inquiries from members regarding purchases will be handled on the following business day.
7. As a proxy service, we are only responsible for the purchase and shipment of items. We are not liable for the contents or quality of items purchased, nor are we involved with or responsible for customs fees incurred at the destination country.
8. Depending on the country or region, members may be required to pay customs fees charged in accordance to import laws and regulations for their country or region in addition to our service fees. We are not in affiliation with or involved whatsoever with customs entry. As such, members planning to import items which require importing approval certificates or related documentation for their country or region in order to pass customs are responsible for obtaining any necessary documents or certificates and confirming this information beforehand with the local customs office in their country or region before using our service.
9. We will not be liable for any losses or damages incurred from customs fees resulting from failure to comply with the previous clause or violation of laws and regulations, nor will item returns or refunds be offered in these cases. Additionally, members will be responsible for bearing any costs in the case that damages are also incurred by our company. Even if customs procedures or payment of customs duties are found to be necessary after the purchase of item(s), members are to follow through with any procedures with the local authorities.
— Article 7:(Purchase of Items)
1. A purchasing contract between our company and members for the purchase of items are formed at the time a customer is notified that an auction bid has been successfully processed, or that payment for an order has been approved.
2. However, we reserve the right to refuse purchase or international shipment of items if determined at the time of ordering or warehouse delivery that a customer, either intentionally or by error, has ordered an item included in Article 11 of our Terms of Service, or any equivalent item. The final decision determining the eligibility of an item's purchase or international shipment will be made by our company on the basis of these Terms of Service, as well as other factors including the law and public policy.
3. We reserve the right to cancel orders for items that are listed at prices that differ significantly from the average market price, either due to a system error or any other reason.
4. All items purchased through our service are to be purchased in our company's name, and will not be purchased in a member's name. For this reason, members are to under no circumstance contact the seller directly.
5. When purchasing items where the seller offers to print, sign or stamp the buyer's name or other personalized text as an additional service, excluding cases where the seller offers an option to change the name or message to a third party other than the purchaser, members acknowledge that the only choices we can offer are declining the optional service, or asking for our company or company representative's name to be used.
6. As proxy bids placed for auctions using our service are based on an amount specified by the member, we cannot guarantee that bids placed will be successful. To increase the probability of a successful bid, members are responsible for setting their maximum bid amount to a sufficient sum.
7. Members acknowledge that there are situations where the winning bid of an auction is deleted by the seller, leaving the member as the highest bidder to proceed with the purchase of the auction. In such a case, the member is obliged to purchase the item and pay the winning bid in full.
8. In order to prevent mistakes when purchasing items, members are to provide us with the exact product name, product quantity, product picture and product URL and any necessary details pertaining to their purchase. If a member leaves a comment with an order, our company will place the order in accordance with the information specified in the comment. Our company takes no responsibility in cases where we were not able to purchase the correct item due to errors or ambiguous phrasing in the order information provided by the member.
9. Members are to notify us before bidding on or purchasing items that fall into one or more of the following categories. Members will be liable for any losses or fees incurred by not confirming with us before placing a bid on or purchasing these items:
(1) Items that have a limited availability or purchasing limit per customer;
(2) Items that require us to contact the seller before bidding or purchasing, and
(3) Items that require us to contact or pay the seller within 24 hours of winning an auction.
10. Members acknowledge that we have the right to invalidate or cancel any bids or orders where one or more the following circumstances apply. We are not liable for any fees or losses incurred from the cancellation or invalidation of these purchases. In the case that we incur any losses under these circumstances, the equivalent amount will be billed to the member for compensation:
(1) If we determine that a seller has too many negative feedback ratings or that there is a risk that we are unable to properly purchase an item from a seller;
(2) If a seller limits the number of transactions or sales that can be made to a single user or bidding ID;
(3) If a seller does not deal with users or bidding IDs that have had cancelled transactions in the past;
(4) If an item cannot be shipped and is limited to local pickup;
(5) If an item cannot be shipped to a SENDICO address and is limited to certain regions;
(6) If we determine that a member has previously cancelled an auction or order after it has already been won or paid for;
(7) Other circumstances where the seller sets extraordinary rules or restrictions on transactions, and
(8) If a transaction cannot be completed due to the circumstances of a seller.
11. Items containing lithium batteries or lithium ion batteries are ineligible for shipping to some countries and regions. As such, members are responsible for confirming the rules and regulations in their country or region, and to contact our Customer Service via email before purchasing any such item. We take no responsibility for any problems or losses resulting from user negligence regarding the provision above.
12. As lithium batteries can only be shipped installed or built-in to the item itself, members acknowledge that we may open the item in order to confirm that this is the case. Members who will not consent to the item being opened are to contact Customer Service via email regarding this issue before placing an order. There may be cases where an item is returned to us due to the lithium battery not being installed or built-in to the item. In such cases, members will be responsible for return shipping and all costs incurred for repacking and shipping the item again.
Reference: Conditions for sending lithium batteries by international mail
https://www.post.japanpost.jp/int/use/restriction/restriction02_en.pdf
https://www.dhl.co.jp/content/dam/downloads/g0/express/shipping/lithium_batteries/lithium_battery_guidance_document.pdf
13. We are not allowed to purchase intangible items such as download codes that can be redeemed in games or other digital codes, e-money, e-tickets, etc.
14. For non-tangible items that do not require shipping, an 10% fee will be applied to the order total.
15. We do not purchase items requiring item reviews, nor do we provide services to procure any bonus items or benefits resulting from writing item reviews.
16. Members agree to relinquish to our company all points or similar rewards offered by any seller that can be redeemed as part of a purchase total.
17. Members who wish to redeem a seller's coupon code against part or all of their order total must enter the coupon code into the comments field of our order form when placing their order. If the coupon information is formatted or entered incorrectly, we reserve the right to disregard the information entered and proceed with the order without notifying the member.
18. Using our service to purchase valuables such as the below using Japan Post shipping is strictly forbidden. If the post office, international post office, or customs determine that a shipment contains any of the following items, it will be returned to our warehouse. In such cases, members will be liable for payment of any costs or fees incurred by a return shipment:
(1) coins, banknotes, paper currency;
(2) travelers checks and all other forms of bearer negotiable instruments, and
(3) processed or unprocessed platinum, gold or silver, gems, jewelry, etc.
19. We do not ship adult products overseas. We will only purchase adult products when the member is ascertained to be of age, and the product(s) are to be shipped to a Japanese address.
20. For Yahoo Auctions, in cases where we are not able to use a certain bidder ID repeatedly, or in cases where other members are using the same bidder ID, our system will automatically switch to a different bidder ID to bid. Members acknowledge that even in the case of auctions won on the same day from the same seller, items may be shipped separately to our warehouse.
21. Shipping alcoholic beverages to an address within Japan is strictly forbidden, regardless of the alcohol percentage.
22. Beverages with over 70% alcohol fall into the definition of flammable goods and therefore their purchase is forbidden. There may also be countries that forbid beverages with less than 70% alcohol. Please check with the corresponding authorities before placing an order.
23. When buying shrink wrapped boxes of trading cards or cartons of shrink wrapped boxes of trading cards, Sendico will request that you allow us to open at least one carton/sealed box from your purchase to check for authenticity. By refusing this service you will waive your right to attempt a claim/refund for this product.
— Article 8:(Payment for Services)
1. Our service uses the following payment methods. To use our service user need to have deposit on his SENDICO account: (1) PayPal; (2) Credit card (Visa, MasterCard, JCB, American Express), and (3) International Bank Transfer.
2. When using our service to purchase an item, members are to pay the following fees to our company within a given time period. Charge 1: Paid for at the time of item purchase 2.1 Item price. 2.2 Domestic shipping (from the store/seller to our warehouse). 2.3 SENDICO usage fees. Charge 2: Paid for before international shipping 2.4 Optional fees for shipping. 2.5 International shipping. 2.6 Other costs (if necessary). + All Payment transaction fees to add found to the Sendico account. * Packages with a total value exceeding 200,000 yen sent through Japan Post (EMS, International Parcel) will incur a 2,800 yen Export Clearance Fee. 2.7 Parcel declaration values cannot be changed in accordance with Japanese law.
3. In addition to the above fees paid to our company, members may also bear customs duties that are charged in their respective country or region.
4. We reserve the right to withdraw funds from a member's deposit without notice in the case that the member does not arrange for payment within the prescribed time limit.
5. Even in the case of a membership suspension or deactivation in accordance with the terms in Article 5., members are obligated to complete all necessary payments and procedures to have items already purchased shipped to their delivery address.
6. When purchasing multiple auctions, if the following conditions are met, domestic shipping fees will be combined into a single payment. 6.1 Auctions are won from the same seller ID. 6.2 Auctions are won on the same day. 6.3 The seller agrees to combine items for domestic shipping.
7. The payment period for Charge 2 is within 60 days after issuing the Charge 2 notification email, once your items have been packed for shipping.
8. If the Charge 2 payment for a shipment is not settled within 60 days being issued, we reserve the right to sell, dispose of, or discard the items. Our company will not be held liable for any losses incurred under such circumstances.
9. If a purchase was made incorrectly or by mistake due to our company's negligence, we will refund Charge 1 and Charge 2 in full.
10. In the case that it is proven that the member has suffered damages above the item cost and usage fees due to our company's negligence, we will reimburse the member for full Charge 1.
11. We are not responsible for any amount lost from a refund caused by exchange rate fluctuation due to the timing of Charge 1, Charge 2, or deposit payments made via credit card or PayPal.
12. In addition, members acknowledge that various fees that may be incurred during a refund are not charged by our company, and are in no way associated with us or our fees.
13. Regardless of reason, members agree to cover any disposal fees and any other necessary expenses incurred when requesting that an item or part of an item be disposed of. In the case that such an item has already been packed, members further agree to pay an additional re-packing fee, charged separately.
14. In the case that a member wishes to modify the contents of a shipment after it has been instructed, a repacking fee will be charged. There may be cases where it is not possible to modify the contents of a shipment.
15. Even in the case of a membership suspension or deactivation in accordance with the terms in Article 5., members are obligated to complete all necessary payments and procedures to have items already purchased shipped to their delivery address.
16. Invoices, receipts, and other payment records provided by a store or seller will not be provided to members, but kept by our company for record keeping. Additionally, we do not accept requests for issuance of separate receipts.
— Article 9:(Packing and Shipping)
1. All items purchased through our service will be received at our warehouse.
2. Our service offers the following shipping methods:
(1) FedEx;
(2) EMS (international express mail service);
(3) DHL;
(4) UPS;
(5) Airmail;
(6) SAL (economy airmail);
(7) Surface mail;
(8) EPacket, and
(9) LCL.
3. Members are to submit shipping instructions for items purchased into a shipping group (hereinafter, "shipment") within 180 days of their arrival at our warehouse.
4. Items purchased from the same seller and shipped to our warehouse together can be split into separate international shipments.
5. In cases where member does not complete shipping instructions within 180 days of the item(s) arriving to our warehouse, or does not complete the Charge 2 payment within 30 days of receiving the notification email, we reserve the right to sell, dispose of, or discard the item(s). Our company will not be held liable for any losses incurred under such circumstances.
6. If a purchased item is found after arriving at our warehouse to be prohibited from international shipping, as defined in Article 11 of our Terms of Service, we are not obligated to ship it and reserve the right to sell, dispose of, or discard of the prohibited item in any way deemed appropriate. Our company will not be held liable for any losses or damages resulting from these cases.
7. If you choose PayPal as your payment method, we will only be able to ship to the country or region registered with your PayPal address at the time of payment.
8. Members acknowledge that a Non-International Delivery Fee will be charged for shipping items to an address in Japan. This additional fee equals 15% of all charges. "Charges" refers to the sum of the parcel order price (including the cost of the items within), an inland shipping fee (if relevant), and Sendico`s 500 yen handling fee.
9. As a principal rule, members are not able to specify the manner in which their items are packed or request different packaging for each item.
10. During the packing process, the Sendico staff might find out that your order had arrived damaged, partly broken, doesn`t match the listing description or is the wrong item. If this happens, we will inform you about it. However, if content check was not requested for the order, Sendico will not provide any compensation.
11. We are not able to modify parcel values shown on your shipping invoice in accordance with Japanese law.
12. Even items instructed to be shipped together may be split into several shipments in the event that the combined shipment is over the weight or size limits of the specified shipping method.
13. FedEx and DHL delivery services offered by our company are not covered by a compensation system (Money Back Guarantee). In the event that a shipment is delayed, our company, FedEx, and DHL are not liable or obligated to provide compensation.
14. Oversize items such as car bumpers and others can only be shipped with FedEx or LCL.
15. Items that meet any of the conditions below will require outsourced packing. Member must pay the actual cost to have a packing company pack the items:
15.1 50 kg or above, and
15.2 30 kg or above and 300,000 yen or above.
16. In addition to prohibited items, junk items and items shipped as an untracked Small Packet, items that meet any of the conditions below will be considered non-standard items:
16.1 From 30 to 50 kg;
16.2 One of the sides is 150 cm or above, and
16.3 Unique shape.
17. Non-standard items are ineligible for compensation and cannot be consolidated with other items.
18. Packages cannot be cancelled, altered, or have additional items added once a consolidation order has been submitted.
— Article 10:(Cancellations, Returns and Exchanges)
Only members who accept the provisions regarding cancellations, returns, refunds and claims detailed in this article may use our service. As such, use of our service constitutes the member's acceptance of the terms in this article.
Cancellations
With the exception of bids being cancelled with the permission or decision of the seller, bids or orders for items are unable to be cancelled once they are placed.
In extraordinary cases with compelling cause that meet our screening standards, and where the seller assents, cancellations after bidding or an order being placed with the seller may be accepted, subject to the charges detailed below.
However, members acknowledge that our company accepting a cancellation request in such an extraordinary case does not constitute a guarantee that the seller will agree to cancel the order or bid.
Additional fees charged for exceptional order cancellations:
(1) The full sum of penalty charges or any other fee charged by the seller upon cancellation, and
(2) In the case that a seller ceases business with our company as a consequence of a cancellation, the member will bear the cost of lost profits as calculated based on past performance.
Returns, exchanges and claims (including damaged, defective, or incomplete items)
Any claims or other requests for returns or exchanges will only be accepted within 7 days of the product being delivered to our warehouse.
In the case that our company judges the reason for requesting a return or exchange to not be the fault of our company or the purchasing member, we will negotiate with the seller for an exchange or return.
However, if it is indicated on the product page, seller introduction page, terms and conditions of sale, or any other page managed by the seller that all sales are final, or that the seller does not accept returns or exchanges, we do not have an obligation to negotiate for a return or exchange.
There may also be cases where a seller will refuse an exchange or return of an item due to a difference of opinion. Requests for a renegotiation following an unsuccessful negotiation attempt will not be accepted.
Members are to confirm the existence of conditions regarding returns and exchanges on all relevant pages before purchasing an item.
Members agree not to directly request a chargeback or refund through a credit card company or payment agency after the arrival of an item due to reasons outside of our company or the seller's control.
Counterfeit Items
Items that are suspected to be counterfeit will be handled as defined in the above clause "Returns, exchanges and claims." Members must acknowledge that there is a risk of an item being counterfeit even if the seller has explicitly indicated that the item being sold is authentic or genuine on the product page. In the case that members are required to demonstrate that an item is authentic, we take no responsibility for appraising or verifying the item, nor for gathering information to help appraise or verify the item. Members acknowledge that we will not be held liable for any losses or damages resulting from a case being handled in accordance with this clause.
— Article 11:(Prohibited Items)
1. Items detailed in this article, or items consisting in part of items detailed in this article, are prohibited from export by Japanese law. As such, we are obligated to strictly forbid any such items to be ordered for shipping to an address outside of Japan. Furthermore, some of the items listed in this article are also prohibited from purchase within Japan. In the case that a member bids on or orders an item that is prohibited from purchase or export, the transaction will be cancelled immediately. We are not liable for any fees or losses incurred from the cancellation or invalidation of these purchases. Additionally, members will be responsible for any losses that we may incur under these circumstances.
2. We reserve the right to display alerts regarding shipping restrictions and/or limit the purchase of items judged to have a high likelihood of falling under such restrictions.
3. Members acknowledge that items with a warning message from our alert system that are successfully purchased are highly likely to be deemed exempt from compensation eligibility upon inspection of the item received.
4. We do not guarantee that our alert system will detect all prohibited items, or that items ordered will not be deemed as prohibited from export after purchase. As such, members are responsible for confirming the rules and regulations regarding international shipping before placing their order or bid.
5. We assume no liability or responsibility for losses if an item prohibited from international shipping is purchased undetected by our alert system, and is later judged to be ineligible for export.
6. We are not responsible for confirming any country or region's rules or regulations regarding import of items, and will not provide guarantees regarding an item's eligibility for import at the destination country or region. Members who use our service to ship items internationally take full responsibility for confirming rules and regulations regarding import and export in the destination country or region before placing an order or bid. We will not be held liable for any losses or damages resulting from the purchase of prohibited items, and will not offer cancellations, returns or refunds in such cases. There are cases where an item which is ineligible for international shipping can be delivered to a Japanese address. Members who wish to ship an item to a Japanese address bear the full responsibility of ensuring that the item is eligible for domestic shipping before placing an order/bid, and acknowledge that they must provide a Japanese address for the item when instructing it for shipping.
7. In the unlikely case that a prohibited or restricted item is instructed for shipment abroad and is discovered to be ineligible for international shipment during transport, the member will bear all costs and fees charged by the delivery company to handle the shipment according to their procedures. Further, members take full legal and financial responsibility if any incident should occur, or if a third party should suffer damages, as a result of shipping a prohibited item.
8. In cases where we need to dispose of an item which is ineligible for international shipping, or where part of an item needs to be removed to make the item possible to ship abroad, members agree to cover any disposal fees and any other necessary expenses. In the case that such an item has already been packed, members further agree to pay an additional re-packing fee, charged separately.
— Article 12:(Prohibitions)
The following actions, or any activity that may be related to them, are strictly prohibited. All members are expected to comply strictly with these prohibitions when using our service:
(1) Purchasing items which are prohibited from purchase by our Terms of Service;
(2) Colluding with a seller or store to commit fraud;
(3) Using a forged or falsified credit card, or using a credit card without being able to provide an authorization code upon request;
(4) Using our service for any other illegal purpose;
(5) Violating our Terms of Service or public order;
(6) Defaming or violating the rights of our company, a seller, or any third party;
(7) Directly contacting the seller with inquiries, negotiation offers, claims, or any request for refund, exchange, or repair;
(8) Requesting a refund directly from your credit card company or payment agency after placing an order;
(9) Violating the law, or any action that may be regarded as illegal;
(10) Violating Japanese law, the law in your country or region of residence, or international law;
(11) Purchasing items requiring identification without preparing the necessary identification;
(12) Purchasing items for the purpose of military use;
(13) Intentionally interfering with the business operations of our service, or of a seller's site;
(14) Making unreasonable demands that exceed our responsibility or legal liability as defined in our Terms of Service;
(15) Harassing or inconveniencing other members of our service, the seller, or any other third party;
(16) Intentionally reporting false information;
(17) Sending or writing harmful programs or emails;
(18) Illegally entering our site server or other computers, and
(19) Any other activity equivalent to the prohibited actions defined herein.
Additionally, members are prohibited from taking any action listed above through a third party. Please note that we assume no responsibility or liability for any damages caused by these actions.
— Article 13:(Non-Provision of Services)
We reserve the right to not provide or complete our service for a member even after a successful purchase of items in the case that any of the following events are either confirmed or determined to be likely. We will not be held liable for any losses or damages resulting from these cases:
(1) if the item purchased is found to be included in Article 11 of our Terms of Service, or equivalent to such items;
(2) If obtaining an item purchased by a member is determined to be unreasonably difficult;
(3) If the displayed price and information for an item purchased is incorrect or differs significantly from the general market price, due to either a seller mistake or a system error;
(4) If items are not delivered to our warehouse from the seller, regardless of reason;
(5) If a member does not settle necessary payments to our service within the designated time period;
(6) If items are discarded or disposed of at customs;
(7) If a member is not able to or refuses to receive item(s) purchased;
(8) If the delivery address is unknown or the whereabouts of the member cannot be confirmed;
(9) If a member is unresponsive to communication, and
(10) If a member has violated our Terms of Service.
— Article 14:(Insurance Disclaimer)
Members agree to use our service with the knowledge that we cannot provide any guarantees regarding the following cases, and that as a proxy service we are not liable for losses incurred by members under the circumstances detailed below:
(1) We cannot guarantee that we will successfully complete an order after it has been placed;
(2) We cannot guarantee that the seller will send us the exact item in the description;
(3) Our site is not able to guarantee the accuracy, timeliness, or validity of the item descriptions listed by the sellers; (The same is true for any content or phrasing used by our automatic translator application. )
(4) We cannot guarantee that a purchased item can be exported from Japan, or that it can be imported to the destination country or region;
(5) We cannot guarantee that due to a system error, unauthorized access from an electronic attack, or error caused by a third party that our services will not be delayed or stopped in order to avoid any loss of data, and
(6) The Company does not guarantee that Members will not suffer loss from a computer virus or other harmful program when using the service site.
— Article 15:(Suspension and Interruption of Services)
We reserve the right to change or amend all or a portion of our services, as well as completely discontinue or suspend our services without any prior notice for the purpose of performing periodical maintenance, relieving system overload, protecting members' personal information, or whenever otherwise necessary to provide better service. We are not liable for any damages or losses incurred by members due to such interruption or suspension.
— Article 16:(Changes to and Suspension of Services)
1. We reserve the right to change or discontinue part or all of our service at any time without prior notice.
2. We are not liable for losses incurred by members due to changes to or suspension of fees or services.
— Article 17:(Governing Law and Jurisdiction)
1. All Terms of Service and individual agreements conform to and will be interpreted in accordance with Japanese law only. Any interpretation based on non-Japanese law will not influence the interpretation of our Terms of Service or other agreements.
2. In the case of a conflict or dispute concerning any of our Terms of Service, it shall be submitted to the Toyama District Court or Toyama Small Claims Court as the exclusive agreement jurisdictional court of first instance.