Revised on August 1, 2016
Article 2. Definition
(1) “Member” means User that has been registered as Member in accordance with Article 4.
(2) “Objective Products” means industrial equipment, etc.
(3) “Intellectual Properties” means copyrights, patents, utility model rights, trademarks, design rights and other intellectual property rights, including rights to apply for or acquire such rights.
(4) “Service Site” means the website of which domain is “allstocker.com” operated by the Company for the Service. If the relevant domain or the content of such site is changed, such website after such change shall constitute the Service Site.
(5) “Service” means matching platform service named “ALLSTOCKER” which intends to connect User which desires to sell any Objective Product and other User which desires to purchase any Objective Product and to promote online sales and purchase of Objective Products (if name or the contents of the service is changed, such amended service shall be included.).
(6) “User” means any person that utilizes the Service regardless whether it is registered as Member or not.
(7) “Outside SNS Service” means social networking service which Facebook or other agents provide designated by the Company, which can be utilized regarding the Service and which has a function of identification of Member, disclosure of friends and disclosure of contents to the relevant outside social network.
(8) “Outside SNS Agent” means any service provider of Outside SNS Service.
(10) “Personal Information” means any information that can identify certain User, including information that can identify certain User by checking other information without difficulty.
(11) “Seller” means Members utilizing the Service Site with intent to sell any Objective Product.
(12) “Buyer” means Members utilizing the Service Site with intent to purchase any Objective Product.
(13) “Exchange Certificate” means written document or digital record that represents the right to receive certain Objective Product, which the Company shall deliver to the relevant Buyer in exchange for payment of consideration of the relevant Objective Product.
(14) “Posting on the Service Site” means posting Objective Product on the Service Site with intent to sell Objective Product through the Service.
(15) “Product Page” means web page in the Service Site that contains information regarding Objective Products.
(16) “Seller Registration” means registration as a seller through required procedures prescribed by the Company in order to be able to use the Service and post on the Service Site.
(17) “Register Product” means registration through required procedures prescribed by the Company in order to able to post on the Service Site.
Article 3. Use of the Service
2. With regard to the Service, any sales and purchase agreement shall be concluded between Seller and Buyer directly. The Company will not be obliged to solve any dispute between the relevant parties with regard to any defect of the relevant Objective Product. The Company shall not be responsible for any damage incurred by the relevant Seller or the relevant Buyer with regard to such matter.
3. Payment of sales price of Objective Products used in the Service shall be made in Japanese Yen. If the User wishes to pay in other currency, the Company shall make a decision whether to accept the payment or not.
4. User shall be responsible for preparation and maintenance of computer, software and other equipment communication line and other communication environments to receive the provision of the Service at its own cost.
5. User shall be responsible for any measure for security to prevent infection by computer virus, illegal access or divulging of information, etc. at its own cost in accordance with its communication environment through which it utilizes the Service.
Article 4. Registration
2. An individual, by registering as Seller, may post and sell Objective Products at the Service Site, but only corporations and sole proprietorships are allowed to the use the Service, including purchase of Objective Products. Member shall use the service only to engage in business.
3. User that intends to apply for registration as Member is required to apply by itself. In principle, application through any agent will not be accepted. Upon the application, the relevant User that intends to apply for registration as Member is required to provide the Company with true, accurate and the latest information and keep such information updated after the registration. The Company may request User to submit certain materials (including, but not limited to, certified copy of corporate register) if the Company considers such materials as necessary to determine whether such application should be accepted or not. User may also be subjected to character investigation
4. The Company shall determine whether such User can be registered as Member in accordance with its own criteria if User applies to registration as Member in accordance with the preceding three (3) paragraphs prescribed above. If the Company admits registration of such User applying for the registration, the Company will give such User a notice to the effect that registration is permitted and grant such User ID and password to log in the Service Site necessary to sell and purchase any Objective Product. Upon such a notice, the registration of User as Member shall be completed.
5. After completion of registration prescribed in the preceding paragraph, Member shall be allowed to post at the Service Site, sell or purchase any Objective Product through the Service. However, only corporations and sole proprietorships can purchase the Objective Products.
7. The Company may refuse to register User that applies for registration in accordance with Paragraph 1 of this Article if such User corresponds to any of the following:
(2) All or any part of information to be registered provided to the Company is turned out to be false or wrong or any of required information fails to be provided by such User;
(3) Registration as Member of such User has been revoked before;
(4) The Company considers there is certain risk that utilization of the Service constitutes any violation of laws and any other regulations (including, but not limited to, Japanese laws);
(5) The Company determines that the relevant User falls within any of the items listed in Paragraph 1 of Article 12;
(6) The Company determines that the relevant User is engaged in the same service as the Service or other similar service;
(7) The Company determines that it is difficult for the Company to provide the Service continuously to the relevant User for any reasonable reason;
(8) User cannot receive e-mail from the Company;
(9) User cancelled or is not able to make payment, or application for the following types of proceedings (including procedures equivalent to those outside of Japan) has begun: bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation or others;
(10) The Company voids, or dishonors the bill or check received from the User;
(11) If any petition for order or notice of attachment, provisional attachment or provisional disposition (including similar procedure taken outside Japan) has been sent out or any enforcement procedures or auction procedures have been commenced with respect to any property of Member;
(12) User have been prosecuted for unpaid taxes and dues;
(13) User breached any other applicable laws;
(14) The Company determines that it is not appropriate to register such User as a Member of the Service at its own discretion.
8. The position as a Member is non-transferrable, and cannot be disposed by other methods.
Article 5. Amendment of Registered Information
Any Member is required to give a notice to the Company and submit any material that the Company requires to submit without delay if there is any amendment of any information provided to the Company. Any Member is required to update the account information within 48 hours so that any information sent to such account will not sent to third party if such Member changes the mobile phone number or ceases to utilize mobile phone service regarding such mobile phone number.
Article 6. Management of Password and User ID
1. Any Member is responsible for management and maintenance of password and User ID granted in accordance with Article 4. Any Member shall not lend, transfer, or sell them to third party or shall not change the name.
2. The Company shall not be liable for any damage of User or any third party incurs that is caused by loss or steal of password or User ID, failure to use properly, use by third party, etc. The relevant User shall be liable for such damage regardless of whether there is any willfulness or negligence on User regarding relevant matters.
3. If it turns out that any password or User ID has been stolen or used by any third party, Member shall give a notice to the Company to such effect and follow any instruction given by the Company.
Article 7. Revocation of Registration, etc.
1. The Company may cease to provide the Service to any relevant User temporarily or may revoke the registration of such User without any prior notice or any remand letter if Member falls within any of the following items:
(2) It turns out that any information contained in the registered information is false, Member falls into Paragraph 7 of Article 4, or shall fall into it by the passage of time;
(3) Member utilizes or tries to utilize the Service in order that or in a way that such utilization possibly may cause any damage to the Company, another Member or Outside SNS agent or any other third party;
(5) Member interferes with the operation of the Service by any means;
(6) Member becomes insolvent or is unable to pay its debts or Member or any third party files a petition for commencement of bankruptcy procedure, civil rehabilitation procedure, corporate reorganization procedure, special liquidation procedure and other legal bankruptcy procedure (including any procedure in foreign countries equivalent to them).
(7) If any check or note issued by or endorsed by Member has been dishonored for the first time;
(8) If any petition for order or notice of attachment, provisional attachment or provisional disposition (including similar procedure taken outside Japan) was sent out or any enforcement procedures or auction procedures were commenced with respect to any property of Member;
(9) Any government agency commences its enforcement procedures to Member due to its default to pay taxes and public dues;
(10) Member violates any applicable laws or any other regulations;
(11) Member has not utilized the Service for more than six (6) months and does not respond to contact from the Company;
(12) Member does not reply to the Company or the Member which is a counterparty regarding certain sales and purchase agreement of any Objective Product the concluded by utilizing the Service for more than one (1) week, though such counterparty or the Company tries to contact Member by normal means in the Service.
(13) Member causes troubles with other Members or third parties beyond certain criteria regardless of its willfulness or negligence;
(14) Member uses any photograph that the Company holds copyright for other purposes without prior permission;
(15) In addition to the above, the Company determines that it is not suitable that User continues to be registered as a Member of the Service.
2. If any of the events described in the items listed in Paragraph 1 has occurred with respect to Member, all of the relevant Member’s debts payable to the Company shall automatically become due and payable upon the Company’s notice to such effect. In such case, such Member shall pay all the debts owed to the Company immediately. In addition, even if any sales and purchase agreement has been entered into between Member and any other Member, such an agreement shall be deemed to be terminated if the Company determines that it is not appropriate that such an agreement continues and the parties perform any obligations under such agreement.
3. The Company shall not be liable for any damage Member incurs upon any action by the Company in accordance with this Article.
4. Member may revoke its registration as Member of the Service by one (1) month prior notice to the Company in a way prescribed by the Company. Provided, however, that Member shall not revoke its registration if such Member as Seller has posted any Objective Product on Product Page or Member as Buyer has ordered to certain Objective Product.
Article 8. Fee
Article 9. Contact
2. User shall send an email to the Company by using request format prescribed by the Company if User gives a question regarding the Service or other contact or any notice to the Company. Provided, however, that User may contact the Company by mail, telephone or other communication method if the Company permits. Such communication or notice shall be conducted only in Japanese or English.
Article 10. Prohibited Actions
1. User shall not conduct any action falling within any of the following:
(1) Any action that may infringe any intellectual property right, right of publicity, privacy right, privilege and any other right or profit of the Company, other User, Outside SNS Agent and any other third party (including any action which may lead to such infringement directly or indirectly);
(2) Any action in connection with any crime or any action that offends public order and morals;
(3) Any remittance of any information that is obscene or harmful to minors;
(4) Any remittance of any information that is related to mingling between sexes;
(5) Any action violating any laws and regulations or any internal rule established by industrial organizations which the Company or User belongs to;
(6) Any remittance of any information that contains computer virus or other harmful computer programs;
(7) Any fabrication of any information which can be utilized in the Service (including, but not limited to, order ID and exchange ID);
(8) Any fabrication or counterfeiting of any Exchange Certificate or any other action destroying authenticity of any Exchange Certificate;
(9) Any remittance of large amount of data beyond the data capacity prescribed by the Company through the Service;
(10) Any action which may possibly interfere with the operation of the Service by the Company or which may damage the reputation of the Company;
(11) Any disclosure of any personal information of User or any request to other User for disclosure of any personal information;
(12) Any order placement with no intention to sell or purchase Objective Products, any transaction with intention to make false track records in collusion with other User and any other actions with intention to make other Users misunderstand;
(13) Any action on the purpose of sales or purchase outside the Service with regard to Objective Products posted on the Service Site;
(14) Any other actions that the Company deems inappropriate at its discretion;
2. If the Company determines that any remittance of information by User in the Service constitutes or may possibly constitute any of actions listed in Paragraph 1, the Company may delete all or any part of the relevant information in question (including, but not limited to, any information regarding Objective Products, any registered information regarding Member) or take any other actions the Company considers necessary without prior notice to User. The Company will not be liable for any damage User or other third party incurs caused by such measure taken by the Company pursuant to this Paragraph.
Article 11. Suspension, etc. of the Service
1. The Company may cease or suspend to provide all or any part of the Service without any prior notice to User in the following cases:
(1) If the Company conducts inspection or maintenance of any computer system related to the Service periodically or urgently;
(2) If any computer or communication line, etc. related to the Service ceases to work by accident;
(3) If the Company cannot operate the Service for the reason of fire, electric outrage, act of providence or any other force majeure;
(4) If any trouble, cease or suspension of service, cease of connection with the Service or change of formation occurs regarding any Outside SNS Service;
(5) If it comes to be difficult for the Company to continue to provide the Service due to any failure of any facility necessary to provide the Service;
(6) If the Company considers it necessary to cease or suspend to provide the Service.
2. The Company may close the provision of the Service at its own convenience. In such case, the Company shall give prior notices to such effect to Users.
3. The Company shall not be liable for any damage User or any third party incurs caused by any measures taken by the Company pursuant to this Article.
Article 12. Exclusion of Anti-Social Forces
1. User that constitutes any of the following items shall not utilize the Service.
(1) User used to be a member of an organized crime group within past five (5) years, a member of an organized crime group, any person equivalent to a member of an organized crime group, a related company or association of an organized crime group, any corporate racketeer, any corporate swindler acting in the name of a social movement, any organized crime group that utilizes specialized knowledge or similar organization, anti-market forces (so-called stock speculators, swindling groups, persons who sabotage normal economic activities in the market, and persons who may have been long involved in committing acts of disrupting public order, and illegal acts or inappropriate market transactions) and any other equivalent person of above in any name (hereinafter, referred to as “Anti Social Force”).
(2) User has relationship with Anti Social Forces through any of the following:
A) Domination of business by an Anti Social Force;
B) Substantial involvement in business by an Anti Social Force;
C) Unjust use of an Anti Social Force for the purpose of illegal sharing of profits for the User himself or for third parties, or for the purpose inflicting damage to third parties;
D) Involvement such as provision of capital or favors by an Anti Social Force;
E) Officers or persons who are substantially involved in business accused of having relationship with an Anti Social Force.
(3) User has committed any of the following acts by himself or through the use of a third party:
A) Demand with violence;
B) An unreasonable demand beyond its legal entitlement;
C) Use of intimidating words or actions;
D) Damage the credit or obstruct the business of the other party by spreading false rumors or by the use of fraudulent or by the use of force;
E) Any other equivalent actions of above.
User have been subject to one or more of the preceding within past five (5) years.
2. User shall be deemed to represent and warrant that it does not fall within any of items listed in the preceding items upon the use of the Service.
3. User shall compensate for any damage the Company incurs caused by any violation of the represent and warranty by User.
Article 13. Preservation of Information and Provision of Personal Information
1. The Company will not undertake any obligation to preserve any message between User and the Company and other information and may delete them at anytime even if the Company preserves such information for a certain period on the purpose of the operation of the Service. The Company will not be liable for any damage User incurs due to the measure taken by the Company pursuant to this article.
2. The Company will utilize Cookie and similar technology on the purpose of the improvement of the convenience of the Service, improvement of the Service Site, display of the contents most appropriate for Users, distribution of advertisements, utilization of record of User access for marketing without specifying any of Users.
3. If any sales and purchase agreement is concluded between Users under the Service, the Company may provide all or any part of personal information (including, but not limited to, name, address, contact information of the representative) provided by User under the Service to the User which is the counterparty of the sales and purchase agreement. User is deemed to agree to such provision of personal information in advance.
Article 14. Warning upon Download, etc.
If User installs any software, etc. to User’s own computer, etc., at the beginning of or during utilization of the Service, such User is required to pay sufficient attention not to delete or alter any information User preserves or make any relevant equipment break down or damaged. The Company will not be liable for any damage User incurs upon such an install of any software, etc.
Article 15. Property Rights
2. User shall represent and warrant that it obtains legal rights to post on the Service Site or remit with regard to any data User posts on the Service Site and that the data User posts on the Service Site does not infringe on any rights of any third parties.
3. The Company may utilize for free any sentence, picture, movie and other data which User posts or sends on the Service Site or under the Service (including, copy, duplication, amend, sub-license to third party and any other utilization).
4. User shall agree not to claim any moral right of author against the Company or its successor.
Article 16. No Guarantee and Disclaimer
2. The Service may be associated with Outside SNS Service. The Company shall not guarantee that the Service will be associated with Outside SNS Service and the Company will not be responsible for association between the Service and Outside SNS Service.
4. User shall be responsible for confirmation whether use of the Service will not violate any applicable laws and regulations, internal rule of industrial organizations, etc. (not only those applicable in the country where User locates, but also those applicable in the country where the counterparty locates) at its own cost. The Company will not guarantee that any use of the Service by User shall comply with any applicable laws and regulations, internal rule of industrial organizations, etc. The Company may determine that the relevant transaction shall be deemed to be terminated if such use of the Service may possibly violate them, though the Company will not be obliged to confirm the legality.
5. User shall respond to and resolve any transaction, communication or disputes, etc. occurring between User and other User, Outside SNS Agent or other third party with regard to the Service or the Service Site at its own peril. The Company will not be responsible for any of such matters.
6. The Company will not be liable for any damage User incurs due to suspension, cease, termination, unavailability, amendment of the Service by the Company, deletion or diminish of any message or information of User, any deletion of any data or failure or damage of any equipment upon the use of the Service and any other damage User incurs with regard to the Service.
7. Even if any link from the Service Site to another Website or link from another Website to the Service Site are provided, the Company will not be responsible for contents of any Website other than the Service Site and any information which can be obtained at such Website.
Article 17. Settlement of Disputes and Compensation for Damage
2. User shall settle through negotiation in good faith any dispute that occurs among Users as Seller or Buyer with regard to negotiation, conclusion, performance or any other actions of sales and purchase agreement. The Company will not be responsible for settlement of such disputes and will not be liable for any damage User incurs caused by such disputes.
3. If User receives any claim from other User, Outside SNS Agent or other third party or any dispute occurs between User and any of such third parties, User shall notify the Company of the contents immediately and shall be responsible for settlement of such claim or dispute at its own cost. Upon the request of the Company, User shall give a report to the Company about the process and result of such claim or disputes.
4. If the Company is claimed by other User, Outside SNS Agent or other third party due to infringement on any right or other reason upon the use of certain User of the Service, such User shall compensate for the amount the Company paid to the relevant third party.
5. The Company will not be liable for any damage User incurs regarding the Service beyond the amount equivalent to the amount calculated by deducting the amount of bank transfer fee from that of the transaction fee the Company has received.
Article 18. Confidentiality
(1) Any information that is publicly available or is known to the receiving User at the time when the Company or the relevant disclosing User provides or discloses it;
(2) Any information that becomes publicly available because of publication or other reason through no fault of the receiving User;
(3) Any information that the receiving User rightfully obtains from a third party authorized to provide or disclose without obligation of confidentiality;
(4) Any information that is independently developed by the receiving User without using the relevant information of the disclosing User;
(5) Any information that the Company or the relevant disclosing User confirms in writing is not necessary to keep confidential.
2. User shall use any Confidential Information only on the purpose of utilizing the Service and shall not provide, disclose or leak any Confidential Information of the Company or other User without approval of the Company or the relevant other User.
3. Regardless of Paragraph 2, User may disclose Confidential Information pursuant to laws, order, request or demand issued by the court or the government authority. Provided, however, that User shall give a notice to the Company immediately when such order, demand or request is made or issued.
4. If User duplicates any documents or magnetic record medium, etc. on which any Confidential Information is included, User shall obtain approval of the Company or relevant other User and shall manage the duplicated product safely according to Paragraph 2.
5. User shall return or abolish Confidential Information and any documents, other record medium that contains Confidential Information and their duplicates pursuant to any direction of the Company without delay upon the request of the Company.
1. The Company may amend the content of the Service at any time
Article 21. Language
User shall communicate in Japanese or English under the Service in principle. Provided, however, that the Company may provide the Service in another language and the Company may provide the Service only in Japanese if the Company determines it appropriate at its discretion. If there is any contradiction between provisions in Japanese and provisions in English, Japanese version shall prevail.
Article 22. Entire Agreement
Article 23. Severability
Article 24. Governing law and Jurisdiction
Article 25. Negotiation
Article 26. Provision of Service under Development
1. The Company may provide any service under development as a part of the Service or as separate service by indicating explicitly to such effect.
2. User shall understand that any service under development may include bug, defect, malfunction and other trouble due to such nature.
3. The Company may change any contents of the service under development and may cease or terminate the provision of the service under development at anytime if the Company determines that such cease or termination is necessary.
4. The Company will not guarantee any integrity, accuracy, applicability, efficiency, safety, capability and stability, etc. with regard to any service under development.
Article 27. Priority of Relationship with Other Language versions
Article 1. Applicability
The purpose of this Terms is to define the rights and obligations between the Company and the Buyer, or between the sellers and the Buyers, and it is applicable to all the use of this Service by the Buyer.
Article 2. Definitions
Article 3. Order / Agreement
1. The Buyer may order products sold by other members as a seller (hereinafter the “Listed Product”) via this service website.
2. At the time of placing the order mentioned in the previous item, the Buyer shall provide information required by the Company by methods designated by the Company. A declaration of the Buyer to purchase the said Listed Product is confirmed after the Buyer enters and sends information required to provide on a page for purchasing the Listed Product according to this Item (hereinafter the “Confirmation of Purchase”), and this shall concludes a purchase agreement between the Buyer and seller over the said Listed Products (hereinafter “Purchase Agreement”). The Company shall notify the seller of the conclusion of the Purchase Agreement (hereinafter “Notification of Purchase Confirmation”).
3. After the conclusion of the Purchase Agreement made with the seller, the Buyer may not terminate it unilaterally. However, the Purchase Agreement shall be regarded as being cancelled by a party concerned in cases falling under either of the following items, and when a notification is made to the seller and the Buyer of a case where the Company has decided it is not appropriate to continue the Agreement. The Company bears no responsibilities for the occurrence of the cases falling under the following items as well as for any damages to the Buyer occurred after the Company cancels the Agreement according to this Item.
(1) A case, where the Buyer does not pay the total amount of payments (defined in the Item 2 of Article 4), etc. into a designated account in trust within three business days following the day the Company notifies the Buyers of a payment information (defined in the Item 1 of Article 4), (the “Act on Holidays of Administrative Organs in Japan”, the Act No 91 of 1988, including amendments implemented after that except the days listed in the each paragraph of Item 1 of Article 1. Hereinafter the same applies),
(2) A case, where the Product, which is a subject of the Purchase Agreement (hereinafter the “Sold Product”), is out of stock, or a case, where the seller does not send a notification regulated in the Item 1 of Article 4 within three business days following the day of the conclusion of the Purchase Agreement,
(3) A case, where the Buyer cannot own the ownership of the Sold Product, or a case where the Sold Product cannot be transferred to the Buyers, including cases where the Sold Product does not belong to the seller; where the seller has not obtained the Sold Product yet; where the seller still bears debts that has been generated for the purchase of the Products on Sale, etc.
4. The Buyer may offer the seller a price they wish to pay for the Listed Product, to which the seller allows the Buyer to offer him/her a discounted price. The Purchase Agreement shall reach to a conclusion at the time when the Buyer confirms his/her order after seller accepted the discount price offered by the Buyer, with the said discount price as a sales price for the Sold Product. Such discount price offer becomes no longer effective in the following cases:
(1) A case, where the seller refuses such discount price offer made by the Buyer,
(2) A case, where the seller does not respond to the Buyer within three days following the day the Buyer offered the discount price.
5. Even if the seller accepts the discount price offer made by the Buyer prescribed in the previous item, the Buyer may not acquit the rights to purchase the Sold Product until he/she confirms the order prescribed in the Item 2 within three business days following the acceptance of the price offer. In case, where the Buyer does not confirm an order within the above-mentioned period, the offered price accepted by the seller will become invalid. The right to purchase the Sold Product will be transferred to a different buyer, if the said different buyer confirms to purchase the Sold Product at a price initially set by the seller prior to the confirmation of an order, made by the Buyer, who has offered a discount price in accordance to the Item 2.
Article 4. Payment
1. In the event, where the Purchase Agreement is concluded after the Buyer confirms the order for the Listed Product in accordance with the Item 2 of the previous article, the Company immediately notifies the Buyer of information on the seller (including a place to collect the Sold Product) and information required for payments including a price of a trade for the Sold Product (including imposed taxes. Hereinafter the same applies) and information on an account in trust that a payment is paid into (hereinafter the “Trust Account”) (hereinafter “Payment Information”).
2. The Buyer must forward payments without omission into the Trust Account by bank transfer, of the total amount of the price for the Product, the amount equivalent to delivery fees defined in the Item 4 of Article 5, commission fees defined in Article 8, and expenses for examinations, repair and purchases for parts, etc., which are organized separately between the seller and the Buyer (including imposed taxes. Hereinafter the same applies). Bank transfer fees must be paid by the Buyer.
3. In the event, where the Buyer has paid for the price for the Sold Product, etc. into the Trust Account before obtaining information on the bank details from the Company, the Company may take necessary actions including returning the amount to the Buyer or accepting the said payment as effective. In such case, the Buyer shall be responsible for commission fees, etc. due to the event.
4. In the event, where the payment, made by the Buyer into the Trust Account after the purchase of the Listed Product, exceeds the sum of the price for the Sold Product, etc. the Company refunds the gap in principle after deducting handling fees. However, this does not apply to a case, where the amount after deducting handling fees is lower than 3,000 yen. The Buyer shall bear expenses for refunds (including bank transfer fees and handling fees).
5. The Company shall immediately notify the seller of the payment into the Trust Account made by the Buyer in accordance with this Article, and also notify the Buyer and seller of information on the other party relevant to this Purchase Agreement.
6. The Buyer shall use the information on the seller obtained in accordance with the previous Item only for purposes of completing duties for this Purchase Agreement and other purposes related to it.
7. The payment to the Trust Account made by the Buyer according to this Article shall be implemented as a proxy of the Company as a consignee of the Trust Scheme defined in Article 6.
Article 5. Reception of the Claim Ticket
1. The Company posts a ticket to claim a product, which shall be presented to the seller at the time of the collection of the Product defined on Article 7, on to this Service website within three business days following a day when a payment for the Sold Product is made to the Trust Account. The Buyer shall save the ticket by downloading from the website or printing it out.
2. The Buyer shall manage the information related to the said ticket with due care of a prudent manager, and shall not disclose to anyone except to the seller as ruled in this Terms. The Company does not bear any responsibilities for losses and damages to the Buyer that have occurred due to the breaches of the Buyer. The Buyer shall compensate for losses and damages to the seller, the Company or other third parties that occurred due to such breaches of the Buyer.
3. After receiving the ticket for claim, the Buyer must organize a delivery to collect the Sold Product without any delays, and the Company may cancel the said trade upon their decision in case, where the Buyer does not organize the delivery within three business days following a day when the said ticket is received by the Buyer.
5. The Company does not guarantee to the Buyer and seller for the details and the fees of the delivery services arranged by the Company, and the Buyer shall not make no objections when they request the Company to organize a delivery in accordance with the previous item (including a case where a request is regarded to be made).
Article 6. Use of Trust Account
The Buyer shall agree that payments for the Sold Product and other payments of debts related to the Service to be paid to the Company, and refunds to be made in accordance with this Terms, are made via schemes using a trust designated by the Company.
Article 7. Collection of the Sold Product
1. The Buyer shall receive the Sold Product (defined in this Article) after making a payment into a designated Trust Account (Article 4) then receiving a ticket for claim and organizing a delivery (Article 5).
2. The Buyer shall receive the Sold Product at a product collection place designated by the seller, on date/time arranged with the seller separately in accordance with the Item 1 of Article 4.
3. In regards to the collection of the Product prescribed in the previous item, the Buyer or the proxy of the Buyer shall confirm that the actual product matches to the product description of the Sold Product, and the dose of radiation of the said Product is below the standard level regulated by an exporting country.
4. The Buyer shall collect the Sold Product by him/herself or by a proxy, who is given the right to receive the said Product.
5. The proxy of the Buyer defined in the previous item must have an ability to transfer the Sold Product in an adequate manner (the proxy must have permission if such permission is required by applicable laws for the Buyer). Any damages and other losses to the Sold Products due to actions of the said proxy (including confirmation activities implemented in accordance with the Item 3) shall be obliged by the Buyer. The Buyer may assign a transportation company recommended by the Company as its proxy, however, the Company bears no responsibilities for any actions taken by the proxy.
6. The Buyer or its proxy shall collect the Sold Product in accordance with the previous item, then at the same time they must immediately provide a ticket for claim saved in accordance with the Item 1 of the Article 5. In principle, the said ticket for claim shall be issued by printing in accordance with the Item 1 of this Article, however, the digitalized ticket can be used for the Buyer to download according to the same item.
7. The seller may cancel the Purchase Agreement in the event where the Buyer or its proxy does not collect the Product, which is defined in the previous item. In such case, the Buyer must compensate any losses and damages to the seller and the Company generated due to the cancellation.
8. The Buyer shall bear any expenses for the collection of the Sold Product defined in this Article. Such expenses include, but are not limited to, fees for the proxy, expenses to disassemble the Product, expenses for special handlings, shipment fees, insurance fees, and other expenses to obtain permissions required to import the Product.
9. The Buyer must notify the Company of the completion of the reception of the Sold Product immediately after they receive and confirm the said product.
10. In the event, where the Company organizes the transportation upon a request from the Buyer, the Company shall bear no responsibilities for any matters that occur until the Sold Product is delivered to the Buyer, which include troubles occurred during transportation.
11. The Company does not guarantee the integrity, accuracy, creditability, adequacy, usefulness of the details of certificates provided as the information on the Product on this service website, and it bears no responsibilities for any losses or damages to the seller, Buyer or other third parties, occurred due to the details of the certificates of the Company.
12. Even after the completion of the Agreement, the Buyer shall bear all the responsibilities for the fulfillment of obligations based on the Purchase Agreement concluded with the seller.
Article 8. Commission fees
The Buyer shall pay 5% of the price for the Sold Product as a commission fee (including imposed taxes. Hereinafter the same applies) at the time of the conclusion of the Purchase Agreement. However, in the event where the Company has defined different calculation methods for commission fees due to a campaign or other reasons, the Buyer shall pay a commission determined by the said calculation method.
Article 9. Compliance with laws
5. In the event, where the Buyer, the seller, the Company or a third party suffers from damage and the Company due to the use of this Service and the Company requests the Buyer to issue an offence report to a relevant police station, the Buyer shall cooperates with them as much as he/she can.
6. In the event, where a transaction is or can be offensive against the OFAC regulations, the Buyer must confirm that the Service is complied with the OFAC regulations defined by the US Treasury, that the said transaction will be cancelled, deleted or his/her asset will be frozen with an order of the OFAC regulations.
Article 10. Compensation
1. The Company shall bears no responsibilities for compensations for damages to the seller, the Buyer and other third parties related to the Service, regardless that was by his/her intention or negligence, unless special definitions are stated in this Terms.
2. In the event, where the Buyer causes damages to the Company by disobeying this Terms and/or any relevant agreements or laws, implementing foul plays, and/or any actions taken by the sellers intentionally or negligently, the Company may claim a compensation to the said Buyer for any damages including indirect losses (this includes but not limited to lost profits, court fees and lawyer’s fees).
Article 2. Definition
Article 3. Posting of Product Information
1. Those registered as a Seller in accordance with the prescribed procedure of the Company may post information about their respective products including product information articulated through the method prescribed in the next paragraph.
2. The information that Seller is required to describe on the Product Page (hereinafter “Product Information”) are the following: category, maker, price, storage location (prefecture level is sufficient, city, municipal or village address is not required), model year, model number, whether new or used and any information designated by the Company. Seller is also required to clearly indicate whether Seller will permit discount offers regarding the relevant product upon the posting such information on the Service Site.
3. Seller shall not post any Product on the Service Site if Seller does not own it, if the relevant Seller is not in possession of the Product to sell or if Seller has not repaid any debt it has borrowed from a third party in relation to the acquisition of the Product.
4. The Company reserves the right to prevent the sale of the Product for cases prescribed in Paragraph. 3 or if the Company determines that the Product has any issues.
5. If it turns out that the case prescribed in Paragraph 3 applies to the Product, the Seller shall notify the Company of the fact immediately and take necessary measures to resolve the issue as much as possible.
6. Seller shall not conduct any acts which may lead to the state prescribed in Paragraph 3. If any case prescribed in Paragraph 3 applies to the Product, the Seller shall inform the Company immediately and take necessary measures to resolve the issue as much as possible.
7. Seller warrants that any Product posted on the Service Site’s Product Page is of the same condition as described on the relevant Product Page. If it turns out that there is any wrong information, Seller shall amend or delete such information without delay pursuant to Article 5.
8. Upon posting of the Product on the Service Site, Seller shall be responsible for including on its Seller Page on the Service Site any information as may be required under any applicable laws or regulations.
9. Seller shall not include its company profile, information regarding bank account and any other information but the conditions of the relevant Product upon the post of Product on the Service Site.
10. Seller shall not provide any false information about the Product on the Service Site. Seller shall provide the Company with necessary information which may affect the applicability of the Product or other important information which is required to avoid any misunderstandings.
11. If it turns out that Seller does not comply with the two preceding paragraphs, the Company may amend, delete such information, or cancel the utilization of the Service by Seller or revoke registration of Seller or any other necessary measure without prior notice or demand.
12. Seller shall compensate for any damage the Company or Buyer may incur due to Seller’s default of the obligation under this Article.
Article 4. Appraisal
1. Seller may apply for appraisal with the Company through the methods and standards prescribed separately by the Company in order to secure the reliability of the Information of the e Product. The Company may determine on its own to conduct an appraisal of the relevant Product before it is displayed for other users on the Service.
2. The Company shall not be liable for any damage during appraisal unless there is intentional or critical negligence.
3. The Company in principle shall issue a certificate (hereafter the Company’s Certificate) of the result of appraisal including the condition of the Product to Seller upon completion of appraisal. Seller shall post the certificate if it is issued by the Company.
4. The Company shall not warrant the contents of the Company’s Certificates regarding the completeness, accuracy, credibility, adequacy, accountability and so on, and shall not be liable for any damages caused to Seller, Buyer or third party based on the contents of the Company’s Certificate.
Article 5. Change of Product Information, etc.
1. If all or any part of the Product information posted by the Seller on the Service Site in accordance with preceding Articles falls within any of the following, Seller shall inform the Company and amend or delete the relevant information immediately:
(1) if any information regarding Product contains false information or other information necessary to be corrected;
(3) in addition to the preceding items, if Seller receives any administrative advice or any disposition by the Company regarding information of Product.
2. If it turns out that the any of the Seller’s posts on the Service Site fall within any of the following, Seller shall inform the Company immediately and the Company may take any necessary measures including deleting the relevant information of the Product:
(1) Any information regarding Product contains false information or other information necessary to be corrected;
(3) Seller receives any administrative advice or any disposition by the relevant governmental authority regarding the information on the Product or the
(4) If any third party receives any administrative advice or any disposition by the relevant governmental authority regarding the same type of product as Product posted by Seller;
(5) If the relevant Seller does not secure the rights to sell the Product or if Seller has not repaid any debt it has borrowed from third party upon the acquisition of the Product.
(6) In addition to the preceding items, if the Company determines that there is any material problem regarding the information of the Product, etc.
3. The preceding two Paragraphs notwithstanding, the Company shall amend or delete the Product information upon consultation with Seller.
Article 6. Response to Discount Offer, etc.
1. Seller shall respond to any inquiry from Buyer appropriately and shall not conduct any action that may damage reputation of the Service or that of the Company.
2. If the Seller receives a Discount Offer regarding its Product from Buyer, Seller shall reply to such Discount Offer as to whether Seller will accept or refuse it within three (3) business days (excluding the holidays prescribed in “the Act on Holidays of Administrative Organs” of Japan (Act No.91 of 1988 and its amendment) Article 1 Paragraph 1) of the day Seller receives it. If Seller does not reply to such Discount Offer, Seller will be deemed to refuse such Offer.
3. If Seller receives several Discount Offers regarding certain Products Seller may accept only one of such Discount Offers. If Seller accepts one Discount Offer, Seller will be deemed to refuse the other Discount Offers.
4. The purchase agreement (as prescribed in the next Article Paragraph 1) to set the sales price of the Product (as prescribed in the next Article Paragraph 1) as the Discount Offer is deemed concluded upon the confirmation by the buyer (as prescribed in the next Article Paragraph 1) after Seller accepts the Discount Offer. If the Buyer does not confirm the relevant order within 3 days of the date Seller accepts the Discount Offer, the relevant Discount Offer shall cease to be effective.
Article 7. Agreement
1. Once the buyer enters and sends the information required in the Order page of the Products in accordance with the procedure set by the Company, it is deemed that the buyer intends to purchase the Product (hereinafter “Confirmation of Order”) and conclude the Agreement (hereafter “Transaction Agreement”) to sell and purchase the Product. If Transaction Agreement reaches a conclusion, the Company shall immediately notify Seller that Buyer has made payments pursuant to this Article. Seller shall not cancel the posting of the Item which is the Objective item of the Transaction Agreement (hereinafter “Sold Item”) after the conclusion of the Agreement.
2. If Seller receives a notice from the Company pursuant to the preceding paragraph, Seller shall confirm the availability of the relevant Product immediately. Seller shall notify the Company of the storage place where Seller will deliver the Product to Buyer (hereinafter “Venue of Delivery”). Venue of Delivery shall be within the location posted in the Product Information page as the storage location as prescribed in the Article 3 Paragraph 2.
3. Upon the receipt of the notification from Seller, the Company shall notify the relevant Buyer of information regarding the relevant Seller (including the storage place of the Product) and bank information to pay the sales price (including tax, if any, the same applies hereafter) regarding the relevant sales and purchase (including, but not limited to, the price to remit, Trust Account (hereinafter “Remittance Information”).
5. Seller shall use any information of Buyer it receives in accordance with the preceding paragraph only for the purpose of performance of its obligation under the sales and purchase agreement and related matters.
6. If the following elements are present and if the Company determines that it is not appropriate to execute the sales agreement and it informs Seller and Buyer, the agreement is deemed terminated. The Company shall not be accountable for any damages which Seller incurs due to the following situations:
(2) If it is turned out that the stock of the Sold Item is not available, or Seller does not notify the Company as prescribed in the Paragraph 2 within 3 business days of the day when the sales and purchase agreement is deemed to be concluded; and
(3) If it turns out that the relevant Sold Item is not the property of Seller, if Seller has not obtained the Item, if Seller has debt from purchase of the Item or if Buyer is not able to obtain ownership of the Item, or it is likely that the Item cannot be delivered to Buyer.
7. Seller is required to confirm that the amount of radiation of the relevant Sold Item is less than the criteria amount prescribed by the country where Buyer is located. If it is confirmed that the amount of radiation of the relevant Product exceeds such criteria amount, Seller shall decontaminate the Product at its own expense.
8. Seller is responsible for maintenance of the Sold Item so that the relevant product is under the same condition as the condition in the Product Page until the relevant Sold Item is delivered to Buyer or the agent designated by Buyer at the storage place except for any minor change to the minimum extent arising from preparation for the delivery and which does not affect utilization of the Product.
Article 8. Delivery of the Product
2. Upon the delivery of the Product, if Buyer or its agent show the Exchange Certificate to Seller, Seller shall confirm if the exchange ID, order ID, serial number and the name of the agent indicated in the Exchange Certificate are correct and shall deliver the Product to Buyer or its agent in exchange for the Exchange Certificate. If necessary, Seller may confirm authenticity of the exchange ID in the Exchange Certificate in the method designated by the Company. The Company shall not be liable for any damage Seller incurs caused by its failure to confirmation in accordance with this paragraph.
3. Seller shall allow Buyer or its agent to confirm that the Product is under the same conditions as that shown in the Product Page upon the delivery in accordance with the preceding two (2) paragraphs.
4. The Company shall not be liable for any damages incurred by the Seller due to its failure to receive the Exchange Certificate upon the delivery of the Product to Buyer or its agent.
5. If Seller repays certain amount of money equivalent to sales price of certain Product to Buyer from the Trust Account after sales of the Product due to any reason attributed to Seller, Seller shall bear any expense for such repayment (including bank transfer fee and service commission for the Company).
6. Seller shall be responsible for any performance of the obligation under the sales and purchase agreement.
7. The Company shall not make any guarantee on the shipping details and fees arranged by the Company to Buyer and Seller, and Seller shall not object to the Company.
Article 9. Receipt of Payment
3. Seller shall claim for payment of the amount of money calculated by deducting fee and remittance charge from the sales price of the Product against the Company by showing the exchange ID in the Exchange Certificate designated by the Company that Seller received from Buyer. The Company shall make the trustee under the trust scheme pay the money to Seller by giving direction to such trustee within 10 days of the day when Seller claims pursuant to this paragraph.
4. Notwithstanding, the preceding Paragraph, if the Company holds claims such as the case that the Company advances the cost which Seller is supposed to pay etc., the Company may pay Seller the amount of money calculated by deducting the transaction fee prescribed in the next article, remittance fee and the relevant claim amount from the sale amount.
Article 10. Transaction Fee
Seller shall pay the amount prescribed by the Company as a transaction fee to the Company (including tax if any tax is imposed on. The same applies hereinafter). Such a transaction fee shall be deducted from the sales price together with remittance fee upon the payment of such sales price from the Trust Account.
Article 11. Compliance with Law and Regulations
2. Seller shall pay enough attention to ensure that there is no problem in quality, function and safety of the Product and that there is no false or misleading information in the warnings or instruction manual (if any). If Product is required to recall or Seller is requested to refrain from certain action regarding the Product by relevant governing authority or relevant industrial organization, Seller shall comply with such request immediately.
6. If Seller, Buyer, the Company or third party incurs any damage upon use of the Service and the Company requires Seller to file a claim with relevant police office regarding such damage, Seller shall comply with that to the extent possible.
8. Seller understands that the Service shall be subject to any regulations by Office of Foreign Asset Control of Department of Treasury of the United States of America (“OFAC Regulation”) and any transaction under the Service may be cancelled or revoked if such transaction falls within or may possibly fall within any of prohibited actions under the OFAC Regulation. Seller shall understand that its asset may be freeze upon the request of the OFAC Regulations.
Article 12. Damages
1. The Company shall not be liable for any damages of Seller, Buyer and a third party regarding the Service no matter if it is caused intentionally or negligently unless it is specifically defined in this Terms.
2. If Seller’s act that violates these Terms or other agreements with the Company, or the law and regulation, or other acts based on Seller’s intention or negligence cause any damages, the Company may ask for compensation for all the damages including indirect ones (including but not limited to lost profits, cost of lawsuits and legal fee).