Please be advised that the stipulations provided herein are derived from the original Japanese terms and conditions. In the event of any disparities or misconceptions, we kindly direct your attention to the authentic rendition in Japanese.

K-BRAND OFF Co., Ltd. (hereinafter referred to as "the Company") will sell products provided on the internet website "BRAND OFF online buying club" operated by the Company (hereinafter referred to as "the Website") and affiliated sites to corporate members (hereinafter, the services provided by the Company to members through the Website and affiliated sites, collectively referred to as "the Service"). Members who use this Service shall agree to this agreement after confirming the disclosures based on the Specific Commercial Transactions Act and the Secondhand Articles Dealer Act. The handling of members' personal information shall be governed by the Company's privacy policy.

 

 

General

1. Application

The Company operates this Service in accordance with the provisions of this agreement. This agreement sets forth the necessary procedures for the smooth operation of this Service and applies to all contracts between the Company and members regarding the use of this Service.

Notices regarding members that the Company publishes or notifies individually in this Service shall constitute a part of this agreement. In the event of any inconsistency or conflict between this agreement and the notices, the notices shall take precedence over this agreement.

The Company shall deem that members have agreed to the contents of this agreement when they register as members of this Service.

 

2. Definitions

The following definitions shall apply to all provisions of this agreement unless otherwise specified:

"Member" refers to a corporation that has accepted this agreement, registered as a member in accordance with the methods prescribed by the Company in order to use this Service, and has been approved by the Company as a member. Individuals or groups without legal personality cannot become members of this Service.

"Purchaser" refers to a member who purchases or intends to purchase the sales products sold by the Company through the Website.

"Purchased Product" refers to the product actually purchased by a member through this Service among the products sold on this Service.

"Sales Product" refers to the products that the Company sells to purchasers through this Service.

"Selling Price" refers to the desired sales price that the Company displays when selling the sales products to purchasers through this Service.

"Content"  refers to images, graphics, videos, words, texts, and other materials displayed on the Website, web pages related to this Service, social media, advertisements, catalogs, brochures, and other documents.

"Email Sending and Message Posting Service" refers to the service that allows members to send emails and post messages.

 

3. Member Registration

3.1 Basic Information

To use this service, it is necessary to register as a member through the prescribed method of our company.

• After applying for membership registration through this website, our company will review the registration information according to our designated criteria. Once the review is completed, we will officially register you as a member and grant you membership status.
• Individuals who do not possess the specified membership status under Article 4 cannot become members.
• Membership registration must be conducted by the corporation that will become a member. Individuals other than corporations cannot apply for membership registration, and even if they do, they cannot become members of this service.
• When applying for membership registration, please provide accurate and truthful information. If false information is included in the application or if there is a possibility of such, you will not be able to become a member, and if false information is discovered later, your membership status will be revoked.
• Membership registration is limited to one account per corporation.

3.2 Procedures for Membership Registration

If you wish to register as a member, please apply for membership registration through the prescribed method of our company.

After the membership registration application in paragraph (1) reaches our company, we will review it and provide a response regarding the approval or disapproval of the application to the applicant through the prescribed method of our company.

If there are any discrepancies, illegibility, or other reasons in the declared information at the time of membership registration application, or if additional documents or investigations are required, we will promptly contact the applicant for membership registration and take appropriate measures. In this case, the applicant for membership registration is required to promptly respond to instructions and requests for investigations from our company. If the applicant for membership registration does not comply with the instructions or requests for investigations from our company, we may not approve the application.

If our company approves the membership registration in paragraph (2), we will promptly proceed with the membership registration. Furthermore, if our company provides a response stating the approval of the membership registration in paragraph (2), this will serve as a notification of the completion of the membership registration.

3.3 Refuse registration

Our company may refuse registration or immediately cancel the registration without any notification if the applicant for membership registration falls under any of the following cases, even if the registration has already been completed:

• Our company determines that there is a violation of these terms and conditions or a possibility of violation.
• The registration information provided to our company contains false statements (including typographical errors) or omissions.
• The applicant has had their registration revoked in the past.
• The application is made by a member of anti-social forces or a person belonging to a UN-sanctioned country.
• Any other cases in which our company determines that the registration is not appropriate.

 

4. Membership Qualifications

Membership qualifications will be granted if the following conditions are met: 

• Having a main office or branch registered with a public institution.
• Not having received any penalties such as cancellation of membership registration or loss of qualification due to violations of these terms and conditions or other reasons in the past.

We may conduct member verification through the prescribed method if any of the following situations apply. If member verification cannot be performed, we may be unable to proceed with the sale of goods.

• When requested by laws or administrative agencies.
• When we deem it necessary to verify the identity.

 

5. Changes to Registered Information

If there are any changes to the corporate name, email address, or other registered information, the member must promptly go through the prescribed procedure to update the registered information.

We shall not be held responsible for any delays or errors in notifications or product shipments that occur before the completion of the change procedure stated in the preceding clause.

 

6. Member Compliance

• Members shall comply with these terms and conditions.
• Members shall follow the specified procedures and processes regarding the use of this service.
• Members shall conduct themselves with moderation to ensure this service's smooth and appropriate operation..
• Members shall regularly check their email to ensure effective communication with our 6.5 company. Even if communication with our company was hindered due to domain-specific reception or spam mail settings, our company shall not be held responsible.
• Members are responsible for accessing this website and paying various fees (communication fees, etc.). Members are also responsible for providing the necessary equipment as required.
• We may provide additional services on this website. If members choose to use such services, they shall be responsible for paying the separate service fees specified by our company.

 

7. Member's Responsibility

• The member shall use this service at their own responsibility and agree to bear responsibility for any damages incurred to themselves or third parties as a result of using this service. Furthermore, the member agrees that our company shall not be liable for any damages exceeding the sale price of the products sold through this service under any circumstances (however, if the transportation insurance attached to the purchased products is applicable, compensation up to the limit approved by the insurance may be available).
• The member shall strictly manage their authentication information, including but not limited to password changes, to prevent its disclosure, lending, or sharing with third parties, and to prevent any leakage to third parties.
• If the member or any other person suffers damages due to the member's inadequate management of authentication information, errors in its use, or third-party usage, our company shall not be held responsible.
• In the event that a third party uses the member's authentication information to access this service, such act shall be considered as the member's own usage, and the member shall be responsible for paying the usage fees and any other obligations associated with such usage. Furthermore, if our company incurs damages as a result of such an act, the member shall compensate and indemnify for the said damages.
• In order to ensure the security of the member's use of this service, our company will not respond to requests for authentication information confirmation or re-issuance via telephone, including in emergency situations. If authentication information confirmation or re-issuance is necessary due to loss or other reasons, the member shall make such requests through the separate method designated by our company.

 

8. Management of ID and Password

• Members shall be responsible for appropriately managing their own ID and password set for using this service.
• Members shall not transfer, lend, provide, disclose, or otherwise make their ID and password available to third parties.
• In the event that damage occurs to the company or third parties due to the improper management of ID or password by the member, misuse in usage, or use by third parties, the member shall bear full responsibility and the company shall not be liable.
• If it is discovered that the ID or password of a member is being fraudulently used by a third party, the member shall immediately notify the company.
• When the password and ID entered at the time of logging into this website match the password and ID set by the member, it shall be deemed that the login to this website is done by the member.

 

9. Withdrawal

Members who wish to withdraw shall apply for withdrawal through the designated method of the company.

Even if a member has applied for withdrawal, it shall not affect the sales contract described in Article 12, which includes expressing an intention to purchase a product.

In the event of withdrawal by a member, they shall lose all rights related to the use of this service and shall not acquire any claims against the company.

10. Suspension or Deletion of Member Registration

In the event that any of the following reasons occur for a member, the company may suspend or delete the member's registration, partially or entirely suspend the use of this service, or take other measures without prior notice. In this case, the company shall not be obligated to explain the reasons to the member.

• Violation of any provision in this agreement
• Discovery or loss of the qualifications as stipulated in Article 4 (Member Qualifications)
• Presence of false or fraudulent reasons in the declaration made by the member at the time of registration or in the information provided by the member to the company regarding the use of this service. However, this does not apply in cases where the violation can be easily corrected through a change procedure, such as minor errors or omissions in the declaration.
• Failure to comply with the company's requests, instructions, guidance, or other notices regarding the use of this service
• Discovery or reasonable suspicion of fraudulent acts or other deceptive behavior related to the use of this service
• Any other circumstances where the member is deemed unsuitable

  

If the company takes the measures mentioned in the preceding paragraph against a member, the member may immediately lose the benefit of the term for all obligations owed to the company. In this case, the member shall promptly make payment for all obligations owed to the company.

Even if a member suffers any damages as a result of the measures under this article, they shall not have the right to claim compensation from the company.

11. Prohibited Actions

Members shall not engage in the following actions. The term "actions" includes expressions as well.

• Actions that violate this agreement, laws, guidelines set by the government or business organizations, or any other regulations
• Actions that violate the instructions regarding the use of this service published on this site or elsewhere
• Actions that obstruct or may obstruct the operation of this service
• Actions of impersonating or pretending to be a third party other than oneself. In this case, the "third party" can be real or fictional.
• Actions that infringe upon the rights or legitimate interests of the company, other members, third parties involved in the operation of this service, or any other third parties.
• Fraudulent and other deceptive acts.
• Acts that cause unnecessary mental harm to others, such as invading someone's privacy and defaming their reputation, or acts that may be recognized as having such potential harm.
• Acts that violate public order and morals.
• Acts aimed at commercial advertising or promotion unrelated to this service. Those that fall under the so-called "stealth marketing."
• Acts of solicitation, including directly engaging users of this service in transactions or encouraging them to register for another service, or any other solicitation activities.
• Acts of using third-party services, content, information, systems, programs, etc., utilized by this service without the prior written consent of our company and the respective rights holders.
• Acts that transmit computer viruses or other actions that negatively affect the functionality of computer equipment, networks, software, etc., or maybe recognized as having such potential harm.
• Acts that adversely affect or may be recognized as having the potential to adversely affect servers and networks connected to the services provided by our company.
• Acts of unauthorized access or attempts to gain unauthorized access to any system related to the provision of this service.
• Acts of exploiting or attempting to exploit security holes, errors, bugs, or similar vulnerabilities in this service and related systems, software, protocols, etc.
• Acts of reverse engineering, disassembling, analyzing, or attempting to analyze this service and related systems, software, protocols, etc.
• Any other acts that are deemed inappropriate or may be recognized as having such potential in light of the purpose of this service.

If a member falls under any of the provisions of the preceding paragraph, the members shall be responsible for compensating our company or any third party for any damages suffered and shall bear the full amount of such damages. Our company shall not be liable to any third party for compensation or any other responsibility.

Product Purchase

12. Purchase

Members registered with this service can purchase products sold by our company in accordance with these Terms of Service (hereinafter referred to as "purchasers" who have purchased products through this service). If a purchaser wishes to purchase a product for sale, please indicate the intention to purchase through the method specified by our company. At that time, the purchaser shall be required to join the cargo transportation insurance designated by the shipping company. The purchaser may not conclude a separate insurance contract for damages exceeding the compensation amount under the cargo transportation insurance.

If the intention indicated in the preceding paragraph reaches our company, our company will respond to the purchaser regarding the acceptance or rejection of the application. The method of response shall be determined by our company as it deems appropriate.

A purchase contract concerning a specific product with a purchaser shall be deemed to be established at the time when our company's acceptance response is issued, unless otherwise agreed upon separately from these Terms of Service. For such purchase contracts, the terms and conditions stipulated in these Terms of Service shall apply unless otherwise agreed upon separately. However, even after our company's acceptance response is issued, if for some reason it becomes difficult to sell the product in question, our company may notify the purchaser of the cancellation of the purchase contract by means deemed appropriate by our company, and the purchaser may not object to this. Our company shall not be obliged to explain the reasons.

• If there is any contact from our company for the purpose of verifying the contents of a purchase application or other reasons such as insufficient or unreadable information, or additional documents or investigations are required, the purchaser shall promptly comply with the instructions and requests from our company. If the purchaser does not comply with the instructions and requests from our company, the application may not be accepted.
• The price of the products for sale is determined by the amount displayed on this website. The amount displayed on this website represents only the price of the product itself. Shipping fees (including cargo transportation insurance premiums), and transfer fees are required separately. In other words, when a purchaser buys a product for sale, the amount to be paid will be the sum of the purchase price of the product itself and the aforementioned additional costs. Unless otherwise specified, consumption tax, shipping fees (including customs duties and clearance fees for international shipping), and transfer fees are separate expenses. Therefore, when purchasing a product for sale, the payment amount will be the total amount of the purchase price including consumption tax and other related fees, as well as handling fees and shipping fees.
• Customs duties, customs clearance fees, and various taxes and expenses incurred based on the laws of the importing country shall be borne separately by the purchaser. Our company will not engage in any procedures related to the export or import of the sales products to countries outside of Japan, and shall not bear the cost of customs duties and customs clearance fees. Other matters related to customs duties will be handled in accordance with the provisions of Article 14, paragraph 6.
• Shipping fees (including cargo transportation insurance premiums) will be the predetermined amount stated on this website per order. The shipment of purchased items will be carried out using the shipping company selected and designated by the purchaser from the transportation companies affiliated with our company. In the event that no shipping company is specified or if the shipping company refuses to handle the shipment, our company may decide the shipping company for the delivery of the purchased items. However, under any circumstances, including force majeure such as natural disasters, our company shall not be responsible for any loss, damage, or contamination that occurs to the purchased items once they have been shipped from our warehouse (under the control of the shipping carrier).
• Payments will be accepted in Japanese yen only.
• The payment methods, conditions, and other terms for the payment of the purchase price of the products sold by our company to the member will be determined separately in accordance with our company's regulations and/or the regulations of credit card companies, leasing companies, or other financial institutions.

13. Sales on an "as-is" basis

• Our company sells products on an "as-is" basis, which means that returns and exchanges will generally not be accepted, even if there are scratches, stains, or other imperfections.
• Please carefully review the details of the products for sale in advance, as the appearance and color may differ depending on the photography conditions and the purchaser's viewing environment.
• The product conditions are based on our company's criteria and do not guarantee the quality of the products. Please make your judgment on the product's condition based on the product information and images.
• Due to the nature of the materials used, some products may have a strong odor. Our expression of the nature-related odor is based on our company's criteria, and we do not assume any responsibility for quality assurance.
• The products displayed on the web may be subject to changes without prior notice due to various circumstances.
• Our company is not responsible for the quality, repair, exchange of purchased products, loss or damage of the products during transportation and storage after shipment, or any other warranties related to the products for sale.
• Regarding the management of the products and accompanying accessories, our company does not assume any responsibility for damage or deterioration caused by the passage of time during storage or other natural factors.

14. Shipping and Receipt of Sold Items

• The sold items will be shipped to the buyer at a designated time after the purchase.
• Upon delivery of the purchased items, the buyer must promptly acknowledge receipt.
• If the buyer fails to promptly receive the sold items or refuses to accept them without a valid reason, the buyer will be responsible for the return, redelivery, and associated shipping costs.
• The buyer agrees not to raise any claims or objections regarding the measures taken by the company under this article.
• If the sold items contain materials that violate the Washington Convention, they cannot be shipped.
• When importing the purchased items, the buyer may be subject to customs duties, other import taxes, and customs fees imposed by the destination country. The company does not participate in or assume any responsibility for the import and customs procedures (including actions such as confiscation by foreign governments) outside of Japan. The buyer is responsible for directly arranging and coordinating the transportation company and import/customs procedures and expenses. Additionally, the policies regarding taxes and customs fees related to the import of purchased items vary by country, so please contact the customs authority of the destination country for details. The company does not accept any returns based on reasons such as refusal to pay taxes.
• The company has an obligation to provide accurate information to the customs authorities of the destination country when shipping the items.
• If the items are not damaged at the time of shipment but are found to be damaged or lost upon arrival, the buyer must promptly notify the company. Compensation claims for damages or loss during the transportation process of the purchased items shall be filed by the buyer (or by the company on behalf of the buyer in cases where the buyer is unable to file the claim) to the transportation company in accordance with the terms and conditions of the transportation company used by the buyer and the insurance policy selected by the buyer. The specific procedures and time required for these claims depend on the regulations of the transportation company, so please contact them for further information.
• If the buyer fails to promptly receive the purchased items or if the items need to be returned or resent due to the buyer's convenience, the buyer shall bear all expenses incurred, including shipping fees and transfer fees, as much as possible.
• Unless otherwise specified in this agreement or specifically approved by the company, the company will bear the costs of sending or returning sold items between the company and the member only when there are specific provisions in this agreement or when approved by the company. Any other costs associated with shipping or returning, which are due to the buyer's convenience or deemed malicious by the company, may be charged to the buyer for the shipping expenses.
• Under the provisions of this agreement, if the company sends sold items to the buyer, and if the item becomes undeliverable for the first time (delivery was attempted but not received by the buyer) and the buyer fails to collect it for more than 10 days as determined by the company, the member will be deemed to have abandoned ownership of the item and requested the company to retrieve it. The member shall not raise any objections to this. In such cases, all costs related to the item price and shipping fees will be borne by the buyer, and the company will not refund the item price or any related expenses to the buyer.

 

15. Payment of the Purchase Price

The purchaser shall pay the purchase price by the designated payment method of the company by the specified payment deadline. If no specific deadline is specified, the payment deadline shall be the 10th day from the date the purchase contract is concluded as stated in Article 12, Paragraph 3.

If the purchaser fails to make full or partial payment of the purchase price and other fees by the specified payment deadline, in the case of credit card payment as the payment method, the company may retroactively cancel the sales contract for the relevant purchased goods. The company may also take measures such as suspending or terminating all or part of the services provided to the member in question.

If full or partial payment of the purchase price and other fees for the purchased goods is not made by the payment deadline, the company may claim a late payment fee from the purchaser. The late payment fee shall be calculated at an annual rate of 14.6 percent on the outstanding amount from the payment deadline to the date of payment. In the case of credit card payment, the payment method shall be subject to the provisions of the respective credit card company.

16. Returns, etc.

16.1  Fraudulent Goods Purchase and Cancellation Policy

If the purchaser discovers that the purchased goods are fraudulent products (including counterfeit goods, similar goods, stolen goods, lost property, other people's property, and other illegal goods as determined by the company in accordance with social norms, excluding cases where the quality of the purchased goods does not meet expectations, deterioration of the goods over time, and damage or loss during delivery), the purchaser shall notify the company of the fraudulent nature of the goods.

The company may retroactively cancel the transaction for the goods in question only if the company determines that they are fraudulent products. In the event of a cancellation of the purchase contract, the purchaser shall follow the company's instructions and return or dispose of the goods in question. However, the exercise of the right to cancel the purchase contract based on the fraudulent nature of the goods shall be limited to a period of within 3 months from the receipt of the goods, unless otherwise provided by laws or regulations.

 

16.2  Conditions for Goods Return and Refund Policy

Except in the case specified in 16.1, and unless the company has separately approved the return of specific goods, the purchaser cannot return the goods purchased through the service, except in cases where the delivered goods differ from the ordered goods. In addition, the following conditions shall render the return of goods unacceptable:

• Goods that have been worn outside the home for fitting (e.g., soiling of the soles)
• Hygiene products such as underwear and swimwear
• Used, altered, washed, cleaned, or dry-cleaned goods
• Goods returned without prior notification
• Goods with the company tags removed
• Goods returned in a damaged, soiled, lost, or otherwise different condition from the time of delivery, including the packaging and accompanying items (excluding the specified items)
• Goods with opened packaging in the case of products where the package is an integral part
• Goods that have acquired odors, stains, or scratches while in the possession of the customer

 

16.3 Refund and Return Process and Conditions

In the event of a return based on the preceding paragraph, the company will promptly refund the purchase price to the purchaser. The refund method shall be as follows:

• If the payment method is cash on delivery or bank transfer, the refund will be made by transferring the refund amount to the bank account specified by the purchaser. However, the transfer fee shall be borne by the purchaser and deducted from the refund amount.
• If the payment method is credit card payment or other electronic payment, the refund process shall be in accordance with the terms and conditions of the credit card issuer or electronic payment service provider.
• If the returned goods from the purchaser are found to be damaged, soiled, lost, dirty, scratched, or show signs of use, the company may assess the condition of the goods through an appraiser and reduce the refund amount accordingly before processing the refund.
• Even if the purchaser returns (sends back) a purchased item for which the company has not approved a return (return shipment), the company will not refund the purchase price. Furthermore, if a purchased item for which the company has not approved a return (return shipment) is returned (sent back) to the company, the purchaser shall be deemed to have waived ownership of the goods, and the company may dispose of it freely. The purchaser shall not raise any objections to this. 
• If a return (return shipment) of a purchased item is permitted based on these terms and conditions or if the company has separately approved the return (return shipment) of specific purchased items, the purchaser shall apply for the return as specified in the preceding paragraph following the procedures established by the company. The company will refund the original selling price, shipping fee, and cash-on-delivery fee to the purchaser or provide a replacement product. However, in cases where the purchaser requests a replacement with an alternative product, the company may not be able to accommodate the request due to product unavailability or other reasons. The cost of return shipping shall be borne by the purchaser. However, if the return is due to an error by the company, such as the delivery of a clearly different product from what was ordered, the return shipping fee shall be borne by the company.

 

Miscellaneous

17. Notifications or Communications

• Unless otherwise specified, notifications or communications between the member and the company shall be conducted through methods deemed appropriate by the company, such as email, written communication, or posting on the company's website.
• The member shall ensure that emails from the company are reliably delivered to the email address provided by the member and shall respond promptly to any requests from the company.
• The company may notify the member of information regarding the company, affiliated companies, or other companies in partnership with the company.
• In the case of email notifications, as mentioned in the preceding clause, the member shall bear the disk space used for sending the email or file.

18. Confidentiality

In these terms and conditions, "confidential information" refers to all information related to the company's technology, business, operations, finances, organization, and other matters that the member obtained from the company through written documents, verbal communication, or recording media, or could reasonably have known about, excluding the following:

• Information that was already publicly known or known to the member before being provided or disclosed by the company.
• Information that became publicly known through publications or other means without being attributable to the member or non-member purchaser due to reasons beyond their control after being provided, disclosed, or known by the member.
• Information lawfully obtained without being subject to a duty of confidentiality from a third party who has the authority to provide or disclose it.
• Information is developed solely by the member or non-member purchaser without relying on confidential information from the company.
• Information confirmed in writing by the company as not requiring confidentiality.

The member shall use confidential information solely for the purpose of using this service and shall not provide, disclose, or leak the company's confidential information to third parties without written consent from the company.

Notwithstanding the provisions of Clause 2, the member may disclose confidential information based on orders, requests, or demands from laws, courts, or government agencies. However, in such cases, the member shall promptly notify the company of such orders, requests, or demands and disclose only to the extent necessary. Furthermore, even in such cases, the member shall not provide, disclose, or leak the company's confidential information to third parties other than the court or government agency that issued the order, request, or demand without written consent from the company.

When duplicating documents or magnetic recording media containing confidential information, the member shall obtain prior written consent from the company and strictly manage the copies in accordance with Clause 2.

The member shall promptly return or dispose of all confidential information, documents, and other recording media containing or including confidential information, and all copies thereof, in accordance with the company's instructions when requested by the company.

19. Handling of Personal Information

The handling of members' personal information by the company shall be governed by the company's Privacy Policy (https://komehyohds.com/privacy/). By using this service, the member agrees to the company's handling of their personal information in accordance with this Privacy Policy.

Our company may use and disclose the information and data provided by members to us, such as in an aggregated and anonymised form, as statistical information at our discretion.

20. Disclaimer Regarding Systems, etc.

While we make diligent efforts to ensure the security of this site, we do not guarantee that the content on this site is free from computer viruses or other harmful components.

We shall not be liable for any unavailability of this site, computer malfunctions, errors, bugs, or any other issues related to the members' computers unless such issues are caused intentionally or through gross negligence on our part.

We shall not be responsible for any damages incurred by members due to computer, system, or communication line failures, including but not limited to data loss, system interruption, or damages caused by unauthorized access, unless such damages are caused intentionally or through gross negligence on our part.

21. Content, etc.

Copyrights (including rights specified in Article 27 and Article 28 of the Copyright Act), patent rights (including the right to obtain patents), and all other intellectual property rights, ownership rights, and any other rights related to the available features, content, and other materials on this site belong to us, and members shall not assert any claims to these rights. Furthermore, any content, such as text, photographs, illustrations, videos, or other materials provided by members to us on this site shall be considered as freely provided, and we have the right to freely reproduce, modify, disclose, and perform other actions regarding such content. Members shall not exercise any moral rights of the content's authors in relation to such content.

We shall not be responsible for any services, content, advertisements, advice, comments, opinions, or other information provided by third parties through this site, other websites linked to this site, or emails sent by us to members.

22. Disclaimer

Unless we have intentionally or through gross negligence caused damages or losses to members in connection with their use of the services, we shall not be liable for any damages or losses incurred by members in relation to the use of this service. This also applies to damages or losses incurred by members due to the termination of this service, the loss of member status, or the termination of all or part of the sales contract with purchasers. Even in cases where the damages can be attributed to our negligence, our liability shall be limited to the amount of the sales price received in the transaction.

We shall not be liable for any damages or losses incurred by members if they cause harm to other members or third parties through the use of this service. Members shall resolve such disputes at their own responsibility. Even in cases where the damages can be attributed to our negligence, we shall not be liable beyond the amount of the sales price received in the transaction.

We do not provide any guarantees regarding the safety, accuracy, reliability, usefulness, or any other aspects of the information obtained by members through this service.

While we may introduce logistics, payment, or other service providers to members for the use of this service, we do not provide any warranties regarding the services provided by these service providers. Any disputes with these service providers shall be resolved by the members themselves, assuming their own responsibility.

In the event that the performance of this consignment sale becomes impossible due to natural disasters, legal enactments or amendments, the suspension of business by outsourcing companies, or any other force majeure or similarly unavoidable circumstances for which we are not responsible, we shall not be liable for any damages incurred by members.

23. Email Service and Posts on this Site

The company shall not be obligated to review the contents, images, or other information contained in emails, messages, or other materials sent or posted through the email service or message posting service on this site, and shall not be held responsible for the transmission or content of such information. However, the company may, at its discretion, review the content of emails and posts, and if it determines that the content is inappropriate, it may delete the content, images, or other information.

Members shall not send or post emails or messages that fall under any of the following items:

• Those that are illegal, harmful, threatening, racially or ethnically offensive, obscene, disrespectful, vulgar, defamatory, abusive, or otherwise offensive to the recipient. Those that incite or praise criminal activities.
• Those that are considered as advertisements or promotional activities.
• Those that contain personally identifiable information such as telephone numbers, addresses, account numbers, security numbers, etc.
• Those that impersonate others.
• Those that are false.
• Those that pretend to be officers, employees, or representatives of the company.
• Those that infringe upon the copyrights, intellectual property rights, or ownership rights of the company or any other third party.
• Multiple emails or posts with the same content.
• Nuisance emails such as chain emails.
• Any other emails or posts that may cause inconvenience or annoyance to other members or users.

24. Termination

If a member falls under any of the following items, the company may immediately terminate all or part of the individual sales contracts established with the member without any prior notice. The company shall not be held responsible for any damages incurred by the member due to such termination.

• Violation of any provision of these terms, and even if the company requests correction of the violation within a reasonable period, the violation is not corrected within that period.
• Loss of membership qualification or discovery of the lack of membership qualification.
• Suspension or deletion of member registration.
• Violation of Article 11 (Prohibited Acts).
• Use or attempted use of this site, consignment sales, or services in a manner or method that may cause damage to the company, the member, or any other third party.
• Obstruction of the operation of this site, consignment sales, or services, regardless of the means.
• Suspension of payment or insolvency, commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or any similar application for such proceedings.
• Dishonor of self-issued or accepted bills of exchange or checks, or suspension of transactions by a bill exchange.
• Seizure, provisional seizure, provisional disposition, compulsory execution, or auction application.
• Imposition of delinquency disposition for taxes or public charges.
• Any other situation where the company determines that the continuation of consignment sales is difficult.

The notice of termination shall be given by a method deemed appropriate by the company. The contract for the purchase of goods shall terminate on the date of arrival of the termination notice as specified in the preceding paragraph.

The termination of the contract for the purchase of goods under paragraph 1 shall not prevent the company from claiming damages against the member.

The company shall not be held responsible for any damages incurred by the member as a result of the actions taken by the company based on this article.

25. Indemnification

If a member violates these Terms of Service or causes damage to the company for reasons attributable to the member, the member shall indemnify the company for such damages (including reasonable attorney fees).

26. Loss of Time Benefit

If the company terminates the membership of a member or cancels all or part of a purchase contract for the sale of goods in accordance with the preceding article, the member shall automatically lose the benefit of the time limit for payment obligations owed to the company.

27. Exclusion of Anti-Social Forces

At the time of agreeing to these Terms of Service, the member represents and guarantees that they do not fall under any of the following items and will not fall under them in the future:

1. Organized crime groups
2. Members of organized crime groups
3. Persons who are quasi-members of organized crime groups
4. Organizations related to organized crime groups
5. Boryokudan-similar entities, social movements, or special intelligence violent groups
6. Persons who have social or economic relationships with individuals falling under items (1) to (5) above
7. Persons equivalent to the preceding items

The member guarantees that they will not engage in any of the following acts, either by themselves or through a third party:

• Violent demands
• Unjust demands beyond legal responsibility
• Acts that use deception or force to undermine the credibility of the counterparty or interfere with their business in transactions
• Acts equivalent to the preceding items

 

If it is discovered that a member falls under any of the items (1) to (7) of the first paragraph, engages in any act corresponding to any of the items of the second paragraph, or makes false statements regarding the declaration or guarantee based on the provisions of the first paragraph, the company may terminate all contracts with the member. The company shall not be held responsible for any damages incurred by the member as a result of the termination based on this article.

28. Amendment of Terms

The company may amend these Terms of Service at any time. The amendment of these Terms of Service shall be notified to the member by announcement on this website or by any other method determined by the company, and the amended terms shall take effect from 12:00 a.m. on the day following the date of the announcement.

If the amendment of these Terms of Service is deemed to be significantly disadvantageous to the member by the company, the company may amend these Terms of Service by notifying the member of the content of the amended terms after a reasonable period of time. The member shall always be subject to the latest terms, and the content of the terms shall be notified or disclosed to the member by methods deemed appropriate by the company, such as posting on the company's website.

If the member uses the service after the effective date stated in the preceding paragraph, the member shall be deemed to have agreed to the amendment of these Terms of Service.

29. Governing Law

Regardless of the member's nationality, location, or place of storage of goods, all transactions related to these Terms of Service and the service shall be governed by and interpreted in accordance with the laws of Japan.

30. Consent to Jurisdiction

In the event of a legal dispute arising between the company and a member regarding these Terms of Service or the service, the Tokyo Summary Court or the Tokyo District Court shall be the exclusive jurisdiction court of the first instance.

Supplementary Provision: These Terms of Service shall be implemented from July 1, 2023.

Please be advised that the stipulations provided herein are derived from the original Japanese terms and conditions. In the event of any disparities or misconceptions, we kindly direct your attention to the authentic rendition in Japanese here.