Revised on June 29, 2017
3. Any rules, terms, etc. for the Service, which the Company posts on the Service Site (defined in Article 2-4) from time to time, shall be regarded as part of the Term.
Article 2 Definition
(1) “Member” is a collective term meaning all Users who have completed a membership registration as ALLSTOCKER Users or as ALLSTOCKER Transaction Users in accordance with Article 4.
(2) “Listed Items” refers to construction machines and heavy equipment, agricultural machines, transport vehicles, etc.
(3) “Intellectual Properties” means copyrights, patent rights, utility model rights, trademarks, design rights, and other intellectual property rights, including rights to acquire such rights and/or rights to apply for registrations, etc. of the above mentioned rights.
(4) This "Service Site" shall mean an exclusive website for this Service operated by the Company, which domain is [allstocker.com] (including those websites operated under the sub-domains of [allstocker.com]. If the domain of the Company's website or the details are changed for any reasons, the term shall refer to those websites after such changes are made).
(5) This “Service” is a generic term of services, which consists of a service offering a trade matching platform (online trade support) named “ALLSTOCKER Market”, which intends to connect Users, who desire to sell items and other Users, who wish to purchase listed items (if a name or the details of the service is changed for any reasons, the term shall refer to a service after such changes are made), and of an online auction service named “ALLSTOCKER Auction”, which allows Users, who wish to sell listed items and who want to buy listed items, to participate in, under the name of ALLSTOCKER, a total online transaction service platform managed by the Company.
(6) “User” means any person that utilizes the Service regardless whether they have completed the membership registration or not.
(7) An “External SNS” means social networking services designated by the Company including Facebook and those provided by other agencies, which have functions of User authentication, disclosure of friend relationships, publication of its contents to such external SNS, etc., for the provision of this Service.
(8) An “External SNS Agency” means an External SNS provider.
(10) “Personal Information” means information, with which a certain User can be recognized (including those information, which can be easily collated to other information and a certain User can be recognized by it) and individual identification codes.
(11) “Seller” means those, who have completed the ALLSTOCKER Transaction User registration procedure and have the intention to list the Items.
(12) “Buyer” means a juridical person or sole proprietor User, who has completed the ALLSTOCKER Transaction User registration procedure and uses this Service Site with an intention of purchasing any listed items via ALLSTOCKER Market.
(13) A “Exchange Certificate” means a written document or a digital record issued by the Company upon a payment made by a Buyer for listed items, which represents the right to receive listed items they have purchased.
(14) “Listing of Items” means showing an intention of selling items using the Service, and (i) for the ALLSTOCKER Market Users, it means to list items on the Service Site after completion of the ALLSTOCKER Transaction User registration procedure designated by the Company, and (ii) for the ALLSTOCKER Auction Users, it means a status, in which the Users complete the ALLSTOCKER Transaction User registration procedure designated by the Company for items to be listed on the auctions, and the Company posts the information of the items on the auction to allow the ALLSTOCKER Transaction Users to bid for the items.
(15) The “Product Page” means web pages of the Service Site that contain information regarding items listed on ALLSTOCKER Market.
(16) The "Auction" means an online auction with the name of ALLSTOCKER Auction provided by the Company.
(17) An "Auction Seller" means a person registered as an ALLSTOCKER Transaction User who intends to list items on the ALLSTOCKER Auction.
(18) An “Auction Buyer” means a juridical person or sole proprietor registered as an ALLSTOCKER Transaction User, who uses the Service Site with an intention of purchasing items listed on the Auction.
(20) An “ALLSTOCKER User” means a person who has registered as an ALLSTOCKER User under the registration procedure designated in Article 4.
(21) An “ALLSTOCKER Transaction User” means a person who has registered as an ALLSTOCKER Transaction User under the registration procedure designated in Article 4.
Article 3 Use of the Service
1. Users must complete the membership registration for the Service in accordance with Article 4 in case where they intend to list, sell, bid or purchase listed items via by utilizing the Service. Members may, in accordance with methods prescribed by the Company, use the Service within the range of the purposes of these Terms and within the range that does not violate these Terms. Non-registered Users may view some of the information of listed items on ALLSTOCKER Market.
2. The trade agreement for the Service shall, on ALLSTOCKER Market (i), be made between the Seller, who sells listed items, and the Buyer, who purchases items, and the Company shall not be obliged to solve any disputes between the Seller and the Buyer with regards to any defect of the items, and shall have no responsibilities for it. On ALLSTOCKER Auction (ii), such agreement shall be made between the Auction Seller and the Company, or the Company and the Auction Buyer, and the Company shall not be obliged to these trade agreements like (i) and will have no responsibilities for it.
3. A payment for the sales price of Listed Items via the Service shall be made in Japanese Yen in principle. If the User wishes to pay in other currencies, the Company shall make a decision whether to accept the payment or not.
4. Users shall be responsible for preparation and maintenance of computers, software and other equipment communication line and other communication environments to receive the Service and for these expenses.
5. Users shall take measures, in accordance with an environment in which Users use the Service, to prevent computer virus infection, illegal access and divulging of information, etc. at its own cost and on its responsibilities.
Article 4 Registration
1. Anyone, who desires to become an ALLSTOCKER User or ALLSTOCKER Transaction User, shall accept the Terms and agree to comply therewith, and they may apply to the Company for registration as an ALLSTOCKER User or ALLSTOCKER Transaction User of the Service by providing the Company with certain information separately required by the Company (hereinafter "registered information") by methods designated by the Company.
2. The application for registration as an ALLSTOCKER User or ALLSTOCKER Transaction User, Seller Registration, Auction Seller Registration or Auction Buyer registration (hereinafter collectively called "Each Registration") shall be completed by Users themselves, who use the Service, and in principle, applications placed by a proxy will not be accepted. Upon the application, the Users, who wish to complete Each Registration, are required to provide the Company with true, accurate and the latest information, and maintain such information updated even after the registration. The Company may request such Users to submit certain materials (including, but not limited to, identity verification documents including a driver's license and a certified copy of corporate register), if the Company considers such materials as necessary to determine whether such application should be accepted or not. Character investigations may also be conducted to such Users.
3. The Company shall determine whether Users, who wish to complete Each Registration, can be registered as a member in accordance with its own criteria, if the Users apply for membership registration in accordance with the previously mentioned two (2) paragraphs. If the Company accepts their application, the Company will give such User a notification, and grant them an ID (hereinafter called "User ID") and password, which allow them to log in to the Service Site necessary to use the Service. Each Registration of the Users shall be completed with the issuance of such notification (this is applicable only to a registration that the said User has applied for). Upon completion of registration, the company may send an e-mail stating setting forth mail magazines issued by the Company and Items information to the User’s address provided upon registration (including any change thereafter),
4. After completion of the registration prescribed in the preceding paragraph, Users may utilize the functions of the Service as described below:
(i) An ALLSTOCKER User may view the Listed Items in the ALLSTOCKER Market and ALLSTOCKER Auction; and
(ii) In addition to (i), an ALLSTOCKER Transaction User may list Items in the ALLSTOCKER Market and ALLSTOCKER Auction. Only juridical person ALLSTOCKER Transaction Users or sole proprietor ALLSTOCKER Transaction Users may purchase or bid for the Listed Items in the ALLSTOCKER Market and ALLSTOCKER Auction. In this case, such ALLSTOCKER Transaction Users may purchase or bid for the Listed items only for the purpose of their own business.
5. The Company shall not be responsible for any damage, from which Members suffer after the completion of Each Registration, or any damage, from which Members suffer because of their breach against the Terms.
6. The Company may decline the application of Users, which was placed in accordance with Paragraph 1 of this Article, in the following cases:
(1) The Company considers there is certain risk that the relevant Users will breach the Terms;
(2) All or any part of information to be provided to the Company is turned out to be false, error or missing;
(3) Their registration to be a User of this Service has been cancelled in the past;
(4) The Company deems that use of the Service may cause of risk of violations of laws (including but not limited to Japanese laws) and any other regulations;
(5) The Company deems that their application may fall within any of the items listed in Paragraph 1 of Article 12;
(6) The Company deems that the User is engaged in the same or similar services;
(7) The Company deems that, due to reasonable reasons, the continuing provision of the Service has become difficult;
(8) Users may not receive e-mails from the Company;
(9) User cancelled or is not able to forward payments, or the application for bankruptcy proceeding, civil rehabilitation proceeding, corporate reorganization, special liquidation, or other proceeding related to these (including procedures equivalent to those outside of Japan) has placed;
(10) Bills or checks issued by or accepted by the Users have been bounced;
(11) The properties of the Members have become the subject for seizure, temporary seizure, provisional disposition, court enforcement or requests for auctions (including similar procedure taken outside Japan);
(12) Users have been prosecuted for unpaid taxes and dues;
(13) Users have breached laws or any other applicable regulations;
(14) Or other cases including where the Company determines that it is not appropriate to accept the membership registration.
7. The status of Member is non-transferrable, and may not be disposed by transfer or other methods.
Article 5 Amendment of Registered Information
In case where changes are made in information provided to the Company in accordance with the previous Article, the Member shall, without any delays, notify the Company of such change and submit materials required by the Company in methods prescribed by the Company. Also, in case where Members have changed or cancelled their mobile phone numbers, which is part of registered information, such information shall be updated within 48 hours after such change.
Article 6 Management of Password and User ID
1. The Members are responsible for the management and maintenance of their password and User ID granted in accordance with Article 4. They shall not lend, transfer, change the ownership or trade them, etc. to third parties or shall not change the name.
2. Users shall be liable, regardless of any willfulness or negligence, for any damages to Members or third parties due to the loss / theft, misuse or the use by third parties of a password or User ID, and the Company shall bear no responsibilities.
3. In a case where their password or User ID is stolen or misused by a third party, the Members shall notify the Company in an immediate manner and follow the instructions by the Company.
Article 7 Revocation of Registration, etc.
1. The Company may suspend their use of the Service, or may revoke their membership registration without any prior notices or remand letters in case where the Member falls within any of the following cases:
(1) The Member violates the Terms and any other provisions prescribed by the Company;
(2) It is deemed that information registered is false, the Member has been in the subject to, or they have become the subject to Paragraph 6 of Article 4 by the passage of time;
(3) The Member utilizes or tries to utilize the Service in order that or in a way that such utilization may cause damage to the Company, other members or External SNS Agencies or any other third parties;
(5) The Member interferes with the operations of the Service by any means;
(6) The Member becomes insolvent or is unable to pay its debts or the 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 checks or notes issued or endorsed by the Member have been dishonored;
(8) If any petitions for order or notice of attachment, provisional attachment or provisional disposition (including similar procedures 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 agencies commence its enforcement procedures to the Member due to its default to pay taxes and public dues;
(10) The Member violates any applicable laws or any other regulations;
(11) The Member has not utilized the Service for more than six (6) months and does not respond to contacts from the Company;
(12) After the completion of the trade of listed items via the Service, either the Member or the Company of the said trade are out of reach for more than one week despite that contacts are made to its counterparty in a usual correspondence method for the Service;
(13) The Member causes troubles with other Members or third parties beyond certain criteria regardless of its willfulness or negligence;
(14) The Member uses any photographs, which copyrights are owned by the Company, for other purposes without permissions;
(15) Or other cases where the Company deems it is not appropriate to keep their membership.
2. If any of the events described in one of the above listed items of the previous Paragraph has occurred with respect to the 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. The Member may revoke its registration by notifying one (1) month prior to the Company in ways prescribed by the Company. Provided, however, that the Member may not revoke its registration if they are listing items for sales, or they are waiting for items that they have ordered.
Article 8 Fee
Article 9 Contact
1. The Company may give a notice (including, but not limited to, any notice of amendments of the Terms) to any members of ALLSTOCKER by posting messages on the member’s page established for each individual member. If the Company has posted such message, the said notice shall be deemed to have been received by the member regardless of whether the member has confirmed it or not. The Company may use SMS, other mobile services or e-mail, etc. at its discretion to give such notice.
2. Any inquiries in regards to the Service, contacts or notification from the Users to the Company shall be made by sending mails using an inquiry form prescribed by the Company. Provided, however, that the User may contact with the Company with mails, telephone or other communication methods if the Company permits.
Article 10 Prohibited Actions
1. User shall not conduct any actions that fall within any of the following:
(1) Any actions that may infringe any intellectual property rights, rights of publicity, privacy rights, privilege and any other rights or the profits of the Company, other Users, External SNS Agencies and any other third party (including any actions which may lead to such infringement directly or indirectly);
(2) Any actions in connection with crimes or any actions that offend public orders and morals;
(3) Any remittance of information that is obscene or harmful to minors;
(4) Any remittance of information that is related to mingling between sexes;
(5) Any action violating laws and regulations or any internal rules established by industrial organizations, to which the Company or User belongs;
(6) Any remittance of information that contains computer virus or other harmful computer programs;
(7) Any fabrication of information which can be utilized in the Service (including, but not limited to, order ID and exchange ID);
(8) Any fabrication or counterfeiting of Exchange Certificates or any other actions destroying authenticity of Exchange Certificates;
(9) Any remittance of a large amount of data beyond its capacity prescribed by the Company through the Service;
(10) Any actions which may possibly interfere with the provision of the Service by the Company or which may damage the reputations of the Company;
(11) Any disclosure of Personal Information of User or any request to other User for disclosure of any Personal Information;
(12) To use this Service without an intention of trade, to make false track records in collusion with other Users and any other acts implemented for a purpose to confuse other Users;
(13) Any actions on the purpose of sales or purchase outside the Service with regard to Listed Items posted on the Service Site;
(14) Any other actions that the Company deems as inappropriate at its discretion;
2. If the Company determines that any remittance of information by the User in the Service constitutes or may possibly constitute any of actions listed in Paragraph 1, the Company may delete all or part of the relevant information in question (including, but not limited to, any information regarding Listed Items, any registered information regarding the Member) or any other actions, which the Company considers as necessary to take without prior notice to the 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 part of the Service without prior notice to User in the following cases:
(1) If the Company needs to conduct inspections or maintenance to their computer system related to the Service periodically or urgently;
(2) If any computers or communication lines, etc. related to the Service stop working 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 troubles, including the cease or suspension of services, the cease of connection with the Service or the change of formation occurs regarding any External SNS Service;
(5) If it is difficult for the Company to continue providing the Service due to any failure in its facilities that are used to provide the Service;
(6) If the Company considers it as 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 the Users.
3. The Company shall not be liable for any damage that the User or any third parties incur caused by any measures taken by the Company pursuant to this Article.
Article 12 Exclusion of Anti-Social Forces
1. Any Users that constitute any of the following items shall not utilize the Service.
(1) The 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) The User has relationship with Anti Social Forces through any of the followings:
A) Domination of businesses by an Anti Social Force;
B) Substantial involvement in business by an Anti Social Force;
C) Misuse 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 of inflicting damage to third parties;
D) Involvement such as the provision of capital or favors by an Anti-Social Force;
E) Officers or persons who are substantially involved in businesses that are accused of having relationship with an Anti Social Force.
(3) The User has committed any of the following acts by himself or through the use of a third party:
A) Demand for violence;
B) An unreasonable demand beyond its legal entitlement;
C) A use of intimidating words or actions;
D) The 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.
The User has been subject to one or more of the preceding within past five (5) years.
2. The 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. The User shall compensate for any damage the Company incurs caused by any violation of the represent and warranty by the User.
Article 13 Preservation of Information and Provision of Personal Information
1. The Company will not undertake any obligation to preserve any message between the User and the Company and other information and may delete them anytime even if the Company preserves such information for a certain period for the purpose of the operation of the Service. The Company will not be liable for any damage the User incurs due to measures taken by the Company pursuant to this article.
2. The Company will utilize Cookie and similar technologies 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 agreements are concluded between Users under the Service, the Company may provide all or part of Personal Information (including, but not limited to, name, address, contact information of the representative) provided by the Users under the Service to the User, which is the counterparty of the sales and purchase agreement. The User is deemed to agree to such provision of Personal Information in advance.
Article 14 Warning upon Download, etc.
If the User installs any software, etc. to the User’s own computer, etc., at the beginning of or during utilization of the Service, such User is required to pay sufficient attention to prevent deleting or altering information that the User preserves or that makes equipment breaks down or damaged. The Company will not be liable for any damage the User incurs upon the said install of software, etc.
Article 15 Property Rights
1. Any properties or intellectual property rights shall remain the Company or the third parties that grant a license to the Company. A permission of the utilization of the Service under the Terms does not mean that they are allow to copy, grant sub-license, etc. of the intellectual property rights of the Company or the third party that grants the license to the Company other than the utilization of the Service. The User shall not conduct any actions which may infringe on the intellectual property rights of the Company or third parties that grants the license to the Company for any reasons (including, but not limited to, disassemble, reverse compile, reverse engineering).
2. The User shall represent and warrant that it obtains legal rights to post on the Service Site or remit with regard to any data the User posts on the Service Site and that the data the User posts on the Service Site does not infringe on any rights of third parties.
3. The Company may utilize for free any sentence, picture, movie and other data which the User posts on or sends to the Service Site or under the Service (including, copy, duplication, amend, sub-license to third party and any other utilization).
4. The User shall agree not to claim any moral rights of authors against the Company or its successor.
Article 16 Disclaimer
2. The Service may be associated with External SNS Services. The Company shall not guarantee that the Service will be associated with External SNS Services and the Company will not be responsible for any associations between the Service and External SNS Service.
4. The User shall be responsible to confirm whether the use of the Service will not violate any applicable laws and regulations, internal rules of industrial organizations, etc. (not only those applicable in the country where the User locates, but also those applicable in the country where the counterparties locate) at its own cost. The Company will not guarantee that any use of the Service by the User shall comply with any applicable laws and regulations, internal rules 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. The User shall respond to any transactions, communication or resolve disputes, etc. that occurs between the User and the other Users, External SNS Agencies or other third parties 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 that the User incurs due to suspension, cease, termination, unavailability, amendment of the Service made by the Company, the deletion or diminish of any message or information of the User, any deletion of 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 links from the Service Site to another website or a link from another website to the Service Site are provided, the Company will not be responsible for the contents of any websites 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 a negotiation in good faith, any disputes that occurs among Users as a Seller, Buyer, Auction Seller or Auction 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 the User receives any claim from other Users, External SNS Agencies or other third parties or any dispute occurs between the User and any of such third parties, the User shall notify the Company of the contents immediately and shall be responsible for the settlement of such claim or dispute at its own cost. Upon the request of the Company, the 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 the User, External SNS Agencies or other third parties due to infringement on any rights or other reasons upon the use of a certain User of the Service, such User shall compensate for the amount that the Company has paid to the relevant third party.
5. The Company will not be liable for any damage the 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 reasons 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. The 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, the User may disclose Confidential Information pursuant to laws, orders, requests or demands issued by the court or the government authority. Provided, however, that the User shall give a notice to the Company immediately when such order, demand or request is made or issued.
4. If the User duplicates any documents or magnetic record medium, etc. on which any Confidential Information is included, the User shall obtain approval of the Company or relevant other User and shall manage the duplicated product safely according to Paragraph 2.
5. The 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 any delays upon the request of the Company.
1. The Company may amend the content of the Service at any time.
Article 21 Language
The 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 services under development as a part of the Service or as separate service by indicating explicitly to such effect.
2. The User shall understand that any services under development may include bug, defect, malfunction and other trouble due to such nature.
3. The Company may change any contents of the services 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
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 conclude 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 seven (7) 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),
(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 shall immediately issue (including, but not limited to, delivery by facsimile and e-mail) a bill displaying information regarding 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”) to the Buyer.
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). In the case where the Buyer wants to send the Product to outside of Japan, the total amount of the price of the Product shall include the delivery fee from the Seller’s yard to the port designated by the Company and from the port to the destination and the storage costs (if the Company pays). The Buyer shall pay interest corresponding to 6% per annum on the price of the Products if the Buyer doesn’t pay the total amount of the price for the Products within the term set forth above. 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 shall issue (including by a method such as sending by e-mail) 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 to the Buyer (or the transport company as the proxy of the Buyer) without delay upon the confirmation that 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.
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 five (5) days following a day when the said ticket is received by the Buyer; provided, however, that in the case where the destination of the Product is outside Japan, the Company or the Buyer shall organize delivery on the basis of the recommendation of the Company or the discussion and determination between the Company and 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
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 (including both of the transport companies in cases where the transport company to receive the Sold Product is different from the one which is to send the Sold Product to the destination) 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. In the case where the destination of the Sold Product is outside Japan, the Buyer shall designate, as its proxy, the transport company which is recommended by the Company or discussed and determined with the Company. In cases where the Buyer shall designate 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 sent for the Buyer.
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 cooperate 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
Article 2 Definition
Article 3 Posting of Product Information
1. Seller 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 Inspection
1. Seller may apply for inspection with the Company through the methods and standards prescribed separately by the Company in order to secure the reliability of the Information of the Product. The Company may determine on its own to conduct an inspection 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 inspection unless there is intentional or critical negligence.
3. The Company in principle shall issue an inspection report (hereafter the Company’s Inspection Report) of the result of inspection including the condition of the Product to Seller upon completion of inspection. Seller shall post the inspection report if it is issued by the Company.
4. The Company shall not warrant the contents of the Company’s Inspection Report 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 Inspection Report.
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 Product itself;
(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 immediately issue (including, but not limited to, delivery by facsimile and e-mail) a bill displaying information regarding the relevant Seller (including the storage place of the Product), the amount of payments (including tax, if any, the same applies hereafter) regarding the relevant sales and purchase (including, but not limited to, the price to remit) and the Trust Account (hereinafter “Remittance Information”) to the relevant Buyer.
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 three (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 or the Company 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
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).