Terms of Service

 

1)   Membership Requirements

1.    On this site, according to this Terms of Service (gTOSh), only the Private Import Japan (gPIJh) members (gMemberh) can use our service (gServiceh) to purchase the specified items out of the items listed on Yahoo Japan Auction (PIJ Supported Items: gItemsh).

2.    The Member shall acknowledge the TOS, have signed up to use the Service, have been approved by PIJ and given a member ID.

3.    The Member may not let any third party use his/her membership, and may not lend or give or sell his/her membership.

4.    The Member shall acknowledge that PIJ, to provide the Service, purchases the Items on behalf of the Member, according to Yahoo Japan Auctionfs terms of service.

 

2)   Change of TOS

The TOS may be updated by PIJ without prior notice.  This site is subject to the most current TOS.

 

3)   Sign-up for Membership

1.    Sign-up shall be done online by the one who wishes to join our membership (gApplicanth).

2.    Member registration shall be completed by PIJfs approval.  Registration may not be approved or may be cancelled under the following circumstances:

1.    The Applicant is under 20 years old.

2.    The Applicant lives outside Japan.

3.    The Applicant has been cancelled his/her membership because of violation of the TOS.

4.    The Applicant has provided the wrong sign-up information such as Applicantfs name, address, email address, payment information etc.

5.    The Applicant has failed to pay for our services.

6.    The Applicant has obstructed our services or the Memberfs use of this site.

7.    PIJ believes that the Applicant is not appropriate.

 

4)   Purchase of the Items

1.    The Member shall make a request to purchase the Items in the way provided by PIJ.

2.    Only the Member can make a purchase request.

3.    An agreement between the Member and PIJ (gAgreementh) is considered concluded, by PIJfs acceptance of the Memberfs purchase request.

4.    PIJ starts the purchase procedures on Yahoo Japan Auction upon the Memberfs request, therefore, the Member may not cancel his/her request even before the Agreement is concluded.

5.    PIJ shall have the discretion to decide whether to accept the Memberfs request.

6.    Delivery of the Items between the Member and PIJ is considered completed at the point of the Items being dispatched from PIJfs logistics center.

7.    The Member shall bear the following costs (gCostsh):

1.    Price of the Items

2.    Shipping within Japan

3.    Tax

4.    International shipping to the Memberfs address

5.    The other shipping costs and handling fee

8.    Any customs and tax for the Items shall be the responsibility of the Member.

9.    The Member shall pay the handling fee specified by PIJ (gPIJ Handling Feeh) in addition to the Costs defined in the above 7.

10.  The PIJ Handling Fee includes the usage fee of this site, service fee of payment to the seller on behalf and fees of the Items check at the logistics center, re-packing, exporting, negotiating with the seller for troubles, however, PIJ shall not be responsible to report the details of the fees to the Member.

11.  The Member shall pay for the total amount of the Costs defined in the above 7. and the PIJ Handling Fee defined in the above 9. (gPurchase Costsh), by the time and in the way provided by PIJ.

12.  If the Member fails to make payment for the Purchase Costs in time, the Member shall pay to PIJ the late fee at the rate of 14.6% annum.

13.  According to the Agreement, the Member shall not sell or transfer to a third party the right obtained through PIJ.

14.  PIJ may cancel the Agreement without advice if the Member fails to pay for the Purchase Costs within the specified period. PIJ may claim the loss from the Member even after the Agreement is cancelled.

15.  PIJ may cancel the Agreement without advice under the following circumstances:

1.    The Member violates the TOS.

2.    The Member has provided the wrong sign-up information.

3.    The Member has failed to pay for our services.

4.    The Member has obstructed our services and the other Memberfs use of this site.

5.    The Member has rejected to receive the Items without any reasonable reasons.

6.    It turns out that there was an error in the Purchase Costs or the other sales conditions written in this site.

7.    PIJ believes that the Items requested by the Member falls into the Prohibited Items specified in the 5) below.

8.    PIJ believes it is difficult to purchase the Items requested by the Member.

9.    The Member fails to pay for the Purchase Costs within the specified period.

10.  The Member fails to receive the Items within the specified period.

11.  When PIJ believes it is appropriate.

16.  PIJ will not refund the Purchase Costs received from the Member when PIJ cancels the Agreement for the above reasons. PIJ may decide how to dispose the Items received from the seller, except for the cases of the 6. and the 8. of the previous clause.

 

5)   Prohibited Items

The Member may not use the Service for the following items:

1.    Cash and securities such as check, bills and stock certificates.

2.    Cards such as credit cards and cash cards.

3.    Bank books and bank cards.

4.    Letters or things defined as letters.

5.    Alive animals and plants, dead or stuffed animals.

6.    Human bodies, body parts, dead body and cremains.

7.    Food and perishable goods.

8.    Any banned drug such as antihypnotic agent, marijuana, psychotropic agent etc.

9.    Guns, swords, weapons, gunpowder, explosives, poison and toxic agents.

10.  Medicine and medical devices.

11.  Child porn, adult videos and the other obscene goods.

12.  The goods regulated and banned by the Washington Convention or the other regulations of the importing/exporting/stopover countries, states and local governments.

13.  The goods prohibited by the carriers.

14.  The goods PIJ recognizes as inappropriate.

 

6)   Check and Delivery of the Items

1.    The Items shall be delivered to the Memberfs address.

2.    PIJ opens the package of the Items on arrival at its logistics center to check the contents. PIJ may recovery or add packaging materials if necessary.

3.    PIJ conducts the above mentioned check according to its own standards. PIJ confirms that the Items are the same as described on Yahoo Japan Auction by the seller (gDescriptionsh). The Descriptions shall only include the original written by the seller, not the automated translations.

4.    In principle, PIJ cannot check the following:

1.    What is not written in the Descriptions.

2.    What the specialized knowledge about the Items is required, to appraise the brand Items as real.

3.    The quantity and the quality of the Items which include more than 25 pcs.

4.    What requires to assemble or to disassemble.

5.    What requires to wrap or to open the sealing.

6.    Operation check of electric appliances.

7.    Color, Model or Size etc. when the Member did not advise immediately after closing bid.

8.    The contents of record media, such as CD etc.

The check of the Items shall not guarantee:

1.    The quality of the Items.

2.    The Items have no flaw.

3.    The Items are not fake.

4.    It is not against any regulations of the exporting/importing/stopover places.

5.    The Itemsf correct operation.

6.    The Items are not damaged.

5.    If PIJ finds an item that violates or may violate any laws or regulations, PIJ may contact the police or the appropriate authorities.

6.    PIJ shall not be responsible for any loss that the results of the check may cause the Member.

7.    After the check PIJ makes arrangements to export the Items from Japan. PIJ may decide a shipping method, shipping cost and handling charge according to the weight and the size of the Items. PIJ also may set the delivery time and the member may not specify the date of delivery.

8.    Any customs and tax for the Items shall be the responsibility of the Member.

9.    The Member may not change the address of delivery unless he/she makes a request according to PIJfs prescribed method.

 

7)   Cancellation of the Agreement due to Undelivered Items

1.    PIJ starts the purchase procedures on Yahoo Japan Auction upon the Memberfs request, therefore, the Member may not cancel his/her request even before the Agreement is concluded.

2.    However, PIJ may cancel the Agreement under the following circumstances:

1.    PIJ is requested by the seller of the Items to cancel the purchase on Yahoo Japan Auction.

2.    The Items are undelivered to PIJfs logistics center after 60 days of conclusion of the Agreement (which is, in principle, the order date or closing date of auction on Yahoo Japan Auction), expect for the cases of layaway, make-to-order products or items which are pre-advised to require longer delivery time.

3.    In case of cancellation due to the above 1., PIJ shall refund to the Member the full amount of the Purchase Costs specified in 4)-12. In case of cancellation due to the above 2., the Member shall understand that PIJ, at its discretion, will start negotiation on refund with the seller of the Items on behalf of the Member, in 30 days after conclusion of the Agreement. Accordingly, PIJ shall refund to the Member the price of the item refunded by the seller, after deduction of the negotiation fee (about 50%).

 

8)   Refund

1.    The Member shall acknowledge that PIJ will negotiate on refund with the seller of the Items on behalf of the Member when it is turned out, as the result of the check of the Items specified in the above 6), that the Items are clearly different from the Descriptions on Yahoo Japan Auction. Accordingly, PIJ shall refund to the Member the price of the item refunded by the seller. PIJ cannot guarantee to the Member the results of the negotiation.

2.    When returning the Items to the seller according to the previous clause, the Member shall pay for the handling fee and the delivery cost.

3.    After receipt of the Items, the Member can request refund to PIJ, under the following circumstances:

1.    The Items are critically damaged during shipment.

2.    The Items are completely different from the Descriptions.

3.    The wrong item is delivered to the Member by PIJfs mistake.

4.    When PIJ accepts the refund request, PIJ shall make a full or partial refund of the Purchase Costs to the Member, in the way provided by us.

5.    The Member has to make a refund request within 7 days after arrival of the Items, and have to return the Items to the address and by the time appointed by PIJ. Regarding the refund based on the above 3.-2. and 3.-3., the Items have to be unopened and unused.

 

9)   Management of Member ID and Password

1.    The Member shall be responsible for managing his/her member ID and password given by PIJ upon the member registration.

2.    The Member may not let a third party use his/her member ID, and may not lend or give or sell his/her member ID.

3.    The Member shall be responsible for any damage caused by mismanagement, misuse, usage by a third party of his/her member ID or password. If the Memberfs misuse of his/her member ID or password causes PIJ any loss, the Member shall compensate PIJ for its loss.

4.    The Member shall immediately notify PIJ if a third party gets his/her member ID or password, or when there may be any unauthorized use of his/her member ID or password, and the Member shall follow PIJfs instructions if any.

5.    The Member shall have an obligation to change his/her password regularly. PIJ shall not responsible for any loss caused by neglect of the Memberfs obligation.

6.    The member ID and password shall not be reissued unless otherwise PIJ admits exceptionally.

 

10)Change of Provided Information

1.    The Member shall notify PIJ, by using the designated from, of any change on the information provided when signing up.

2.    Any notification from PIJ shall be deemed to have reached the Member by being sent out to the registered contact address.

3.    If any notification does not reach the Member by his/her fault and it causes any loss to the Member, PIJ shall not be responsible for any of the losses.

 

11)Handling of Personal Information

1.    PIJ uses the Memberfs personal information for the following reasons:

1.    Member management

2.    Sales of the Items

3.    Notification of necessary information to operate this site (including e-mails)

4.    Packing and delivery of the Items

5.    Billing

6.    Inquiry response, after-sales service

7.    Campaign, questionnaires

8.    E-mail newsletter

9.    Survey and analysis of marketing data, development of new services

10.  Statistical data to provide to parent, subsidiary or affiliate companies

11.  Advertisement, promotion and marketing of the Items (including e-mails)

12.  Points, coupons and mileage services (gPointsh)

13.  Posting information submitted by the Member

2.    For the reasons specified in the previous clause, PIJ and PIJfs affiliate companies may use the Memberfs information such as member ID, name, gender, email address, telephone number, zip code, address, company and department name, nickname, pen name, birth date, credit card information, purchase history, the Points information etc.

3.    According to privacy policy, PIJ properly protects the Memberfs personal information and shall not provide it to a third party. However, PIJ may provide the personal information under the following circumstances:

1.    When there is the Memberfs consent.

2.    When disclosure of information is required by the laws or in an investigation, or inquired by the public agencies for the right reason.

3.    When PIJ forwards the Memberfs order information to PIJfs business partners.

4.    When the Member purchases the Items from PIJfs business partners.

5.    When disclosure of information is required to send the Items or provide services.

6.    When the information is provided to the payment settlement companies.

7.    When the information is provided to the related companies for PIJfs Points service.

8.    When PIJ outsources its business activities fully or partially to an agency.

9.    When PIJfs business is transferred due to merger etc.

10.  When disclosure of information is admitted by the Personal Information Protection Law.

 

12) Withdrawal from Membership

1.    The Member may withdraw from the membership by following the PIJfs designated procedures.

2.    In the event of the Memberf death, PIJ may regard it withdrawal from the membership and deactivate his/her member ID and password.

 

13) Suspension and Expulsion of Membership

1.    PIJ may suspend or expel the Memberfs membership without prior notice under the following circumstances:

1.    When the Member misuses or lets a third party misuse his/her member ID, password or this site.

2.    When the Member fails to pay for the Purchase Costs within the specified period.

3.    When the Member files for bankruptcy, civil rehabilitation, or faces seizure, provisional seizure, provisional disposition or court enforcement.

4.    When the Memberfs password is input incorrectly more than the set number of times.

5.    When the Member does not use this site within the specified period.

6.    When the Member violates the TOS or the individual regulations.

7.    When PIJ believes that the Member is not appropriate.

 

14)Change and Termination of this Site

 

PIJ may change or terminate the contents of this site without prior notice. PIJ shall not be responsible for any loss that the change or termination may cause to the Member.

 

15)Discontinuation of this Site

1.    PIJ may discontinue this site fully or partially without prior notice under the following circumstances:

1.    When the maintenance or update of this site is conducted.

2.    When the provision of this site is difficult due to fire, power outage, natural disaster or system failure.

3.    When the telecommunication company fails to provide their services.

4.    When PIJ decides that discontinuation of this site is required.

2.    PIJ shall not be responsible for any loss that the discontinuation may cause to the Member.

 

16)Prohibited Acts

1.    The Member must not commit the following acts or the acts which may correspond to any of the following acts, when using this site.

1.    Use of this site for the misappropriate purposes.

2.    Violation of PIJfs and the other third partyfs rights of trademark, copy rights, deign rights, intellectual property rights such as patents, image rights, publicity rights etc.

3.    Defamation of character, damage to credit, or invasion of privacy of PIJ or the other third party.

4.    Acts which leads to malfeasance such as fraud.

5.    Impersonation.

6.    Release of harmful programs such as computer virus.

7.    Alteration or erasion of PIJfs or the other third partyfs information

8.    Misuse of PIJfs or the other third partyfs services and interference of the operations.

9.    Acts which violate the laws, the TOS, the other regulations, or offend public order and morals.

10.  Obstruction of operation of this site.

11.  Purchase of the goods prohibited by the laws and regulations using this site.

12.  The other acts that PIJ believes inappropriate.

2.    The Member shall not make direct contact, negotiation, agreements and contracts with the seller regarding the Items to purchase.

3.    If the Memberfs misuse of the TOS or the other regulations causes PIJ any loss, the Member shall compensate PIJ for its loss.

 

17)PIJfs Responsibility

1.    PIJ does not guarantee that PIJ can purchase the Items on Yahoo Japan Auction requested by the Member.

2.    PIJ is not operating the sites which the Member may access through the advertisements or the links on this site, therefore PIJ shall not take any responsibility for the loss may cause the Member by use of those sites.

3.    When it is clearly written that the information is provided by any third party, PIJ shall not be responsible for the information on this site.

4.    PIJ shall not take any responsibility for the accuracy and the contents of the information translated by the computer system on this site.

5.    If any loss is caused to the Member for the reason PIJ should be responsible for, regarding the Items requested by the Member, PIJ shall compensate the Member for the direct loss up to the amount of the Purchase Costs.

6.    PIJ does not guarantee that use of this site will never cause the Member any damage by harmful programs such as computer virus.

7.    PIJ does not guarantee safe performance of any devices or software which the Member uses for use of this site.

8.    PIJ shall not bear any communication expenses incurred when the Member uses this site.

9.    This Article shall define all of the PIJf responsibilities to the Member, and under any circumstances PIJ shall not compensate for the Memberfs loss of benefit, indirect loss, special loss, legal fee or any other losses which are not written in this Article.

 

18) Applicable Law

1.    The TOS and the other regulations shall be applicable to laws of Japan.

2.    If any dispute arose regarding the TOS and the other regulations, Tokyo District Court shall be the agreement jurisdictional court of first instance.

 

 

Established:

Revised: