이용 규약
본 서비스를 이용하실 때는 반드시 아래 사항을 읽으시고, 이해/승인하신 후에 이용해 주십시오.
Article 1 (General Rules)
1. These regulations shall provide for the conditions when the user utilizes the international shipping agency service with the name “Rakuten Global Express” as specified in Article 2 (hereinafter referred to as the “Service”) provided by Rakuten Group, Inc. (hereinafter referred to as the “Company”) as well as the right and obligation relation between the user and the Company (hereinafter referred to as the “Agreement”). These regulations shall apply to all users. Before utilizing the Service, carefully read through these regulations.
2. The Company may specify lower-level regulations, guidelines, help text or the like of these regulations in relation to the Service. Such lower-level regulations, guidelines, help text or the like of these regulations shall, as a part of these regulations, apply to utilization of the Service by the user. They are hereinafter generally referred to as the “Regulations Etc”.
3. When a user utilizes the Service, it is deemed that the user agrees with the Regulations Etc.
Article 2 (International Shipping Agency Service)
1. In the international shipping agency service, the Company receives the goods (hereinafter referred to as the “Subject Goods”) purchased from a tenant of corporations established in accordance with Japanese law (hereinafter collectively referred to as "Business Operators") by the user and requests the transport entrepreneur or post service entrepreneur (hereinafter generally referred to as the “Carrier”) to deliver the Subject Goods to an overseas address on behalf of that user. However, duty-free products and products that are handled as part of auctions, flea markets, or other services that are mainly based on establishing transactions between individuals (This includes but is not limited to Mercari, Yahoo! Auctions, minne, FRIL, and Rakuma, and is hereinafter referred to as "CtoC Services.") are not considered.
2. In addition to the previous section, we also provide international shipping agency services for items other than the Subject Goods (hereinafter referred to as 'Subject Items') that are shipped from specific Business Operators.
3. The Company shall not be a party of the Sale Agreement on the Subject Goods between the Business Operators and the user. The Company shall not bear any responsibility for the Subject Goods unless otherwise specified under the Regulations Etc.
4. The Company shall not be a party of the Transport Agreement or Post Service Agreement on the Subject Goods or Subject Items with the Carrier (hereinafter generally referred to as the “Delivery Agreement”). The Company shall not bear any responsibility for any damage the user suffers in the course of delivery (such as non-arrival, delay, breakage etc. of the Subject Goods or Subject Items due to any accident). The user shall grant to the Company the authority to execute a Delivery Agreement on behalf of the user or with the name of the user.
5. The subject who exports or imports the Subject Goods or Subject Items is the user. The user shall utilize the Service after confirming that such import or export does not violate any laws or regulations of the country which the goods are exported from, transported via or imported to. In addition, the Company may follow the import or export procedures with the name of the user in order to provide the Service. These procedures shall not include the customs clearance.
Article 3 (Rakuten Membership Registration)
1. The Service is for Rakuten members. To utilize the Service, it is necessary to complete Rakuten membership registration in accordance with the procedures specified by the Company in advance.
2. In Rakuten membership registration, the user shall check and agree to the Rakuten Membership Regulations, Rakuten Points Utilization Regulations, Privacy Policy and other regulations and guidelines separately presented by the Company (hereinafter generally referred to as the “Rakuten Membership Regulations Etc.”). For matters not covered by these Regulations, the Rakuten Membership Regulations Etc. shall apply.
3. The user shall prepare and maintain the user terminal, software, communication line and other communication environment or the like required for utilization of the Service at his/her cost and responsibility.
Article 4 (Utilization Registration for the Service)
1. A person who desires to utilize the Service shall, in addition to Rakuten membership registration described above, apply for registration of the user information in accordance with the procedures specified by the Company (hereinafter referred to as the “Service Utilization Registration”).
2. The user shall enter the correct and newest information in the Service Utilization Registration. If any of the registered information items (including both of the items entered in Rakuten membership registration and the Service Utilization Registration) are changed, the user shall register the information after the change in accordance with the procedures specified by the Company. If any notice from the Company to the user fails to reach the user due to false or old information registered by the user, such notice shall be deemed to have been delivered at the time it should be delivered if the information is correct. In addition, the Company shall not bear any responsibility for any damage or disadvantage the user suffers due to false or old information registered by the user.
3. When providing the Service, the Company shall check the identification of the user as specified in the related laws and regulations on the basis of the information registered under the preceding paragraph. If such check is not completed, the user is not allowed to utilize the Service in whole or in part (such as delivery agency of the Subject Goods or Subject Items to any place other than the address described on the identification document).
4. When the Service Utilization Registration is completed, the Company shall notify the user of the user’s exclusive address to be used for provision of the Service (hereinafter referred to as the “Shopping Address”). The user shall not use the Shopping Address for any purpose other than requests for delivery agency on the Subject Goods.
Article 5 (Use of this service by minors or young people)
1. If the user is a minor, they can only use this service after obtaining consent from a parent or legal guardian, and the user pledges that they have obtained the aforementioned consent.
2. If it is discovered that the user, in spite of the regulation stated in the preceding paragraph, uses this service without the consent of a parent or legal guardian, the company can take some or all of the measures described below without prior notification of the user.
(1) Suspension of the user from using this service, or suspension or revocation of the Rakuten membership qualification of the user based on this and other regulations.
(2) Suspension of the execution of a transaction, and the issuance of a request to the delivery operator in place of the user to suspend the delivery
3. The company may impose an age limit with regard to the areas of this service that are available to the user. If it is discovered that the user, in spite of not being of the required age, purchases a product or uses this or a secondary service that is restricted by an age limit imposed by the company, the company can take some or all of the measures described in the preceding paragraph.
Article 6 (Reason for Disqualification)
In the case that the company determines that the User Applicant falls under any of the circumstances set forth in the following items or is suspected of falling under any of the circumstances, the Company may refuse user registration or may cancel registration even if said registration has already been completed.
(1) The information provided or presented to the Company by that person includes any falsity, concealment or error;
(2) The person is not an actual person;
(3) The person has had the Service Utilization Registration canceled in the past;
(4) The person has been subject to deletion from registration, utilization suspension or other similar measures in relation to any service provided by the Company or the group of the Company;
(5) The single person uses several Rakuten IDs;
(6) The person has a third party use his/her Rakuten ID or pretends to be another person;
(7) As defined in the previous article, in the case that the user is a minor and is discovered to be using this service without obtaining the consent of a legal representative;
(8) The person has filed a false application to the Company or had any Business Operators file a false application in relation to the contents or value of the Subject Goods;
(9) The person uses a credit card for which he/she does not have any right to use;
(10) The person is judged to have interfered, harmed, abused or slandered the Company or other users;
(11) The person interfered with provision of the Service or other users’ utilization of the Service or took any action that obstructs such provision or utilization; or
(12) Any other situation the Company judges inappropriate.
Article 7 (Purchase of Goods)
1. The user shall, when utilizing the Service, purchase the Subject Goods or Subject Items and deliver them to the Shopping Address with his/her cost and responsibility.
2. For the Subject Goods, the parties of the Sale Agreement are the user and the Business Operators, and not the Company. The Company shall not bear any responsibility for any defect, product liability, infringement of any right including intellectual property right of the Subject Goods or Subject Items unless any particular provision is given in these Regulations. Unless otherwise specified between the user and the Business Operators, the arrival of the Subject Goods at the Shopping Address constitutes the performance of the obligation by the Business Operators under the Sale Agreement, and the user shall not claim that the goods are not delivered to their credit card company or the like.
3. When the user delivers the Subject Goods he/she has purchased or Subject Items to the Shopping Address, the user shall be deemed to have made an application for utilization of the delivery agency service to the Company in relation to the Subject Goods.
Article 8 (Cargo Information)
1. The user shall, as the exporter of the Subject Goods or Subject Items, be required to notify the Carrier and customs of the information about the Subject Goods or Subject Items including their description, quantity, price, sender and cargo trace number (hereinafter referred to as the “Cargo Information”). The notification method of the Cargo Information and the items required to be notified shall be in accordance with the rules of the Company.
2. Regardless of the provisions in the preceding clause, when users purchase Subject Goods from Rakuten Marketplace Stores, our company will refer to and translate the information provided on the item page of the Rakuten Marketplace Store concerned (hereinafter referred to as "Store Product Information") considering it to be the cargo information of the user, and the information will subsequently be provided to the Delivery Companies.
3. The Cargo Information with the two preceding paragraphs shall be displayed in the notification e-mail from the Company and the personal page on the Service on the website assigned for each individual user (hereinafter referred to as the “My-Page”). The Company accepts the utilization application for the delivery agency service from the user on the Subject Goods or Subject Items at the time of such notification or the time when the Company receives the Subjects Goods or Subject Items at the Shopping Address, whichever is earlier.
4. The user is expected to check the information displayed by the Company as described in the preceding paragraph (hereinafter referred to as the “Displayed Information”) before shipping of the Subject Goods or Subject Items, and then proceed to request for packing as specified in the subsequent article. After the request for packing, the Company shall not be responsible for any trouble such as loss or garbling of the Subject Goods or Subject Items arising from an error or vagueness of the Displayed Information contents.
5. The user shall recognize that the Displayed Information is used as the Cargo Information on official documents such as export invoices and assumes responsibility for its correctness. Even if confiscation of the Subject Goods, Subject Items or any other disadvantage is caused due to an error of the Cargo Information, the Company shall not be responsible for such trouble.
6. The Company may, at its discretion, unpack the Subject Goods or Subject Items, check their contents, refuse their receipt, dispose of them or transfer them to another site without giving any prior notice to the user as long as such act is required for appropriate provision of the Service.
7. The Company may, in order to appropriately provide the Service, add, correct or delete the Cargo Information on the basis of the Shop Goods Information. The Company shall register the Cargo Information referencing the information open to the public in case the Shop Goods Information is not clear, no clear information is described on the delivery slip or receipt, or it is difficult to find the delivery slip or receipt. Even if any customs duties or other taxes and dues are additionally incurred arising from such situation and any disadvantage such as insufficient compensation amount is caused to the user, the Company shall not be responsible for it.
Article 9 (Request for Packing)
1. When the user requests packing from My-Page after checking the Cargo Information of the Subject Goods or Subject Items, the Company shall pack the Subject Goods or Subject Items. The user shall, if he/she requests international shipping of several Subject Goods or Subject Items collectively, enter such status by himself/herself on My-Page at the time of the request for packing. The user is expected to file the packing request immediately after arrival of the Cargo Information notification e-mail as specified in the preceding article.
2. Notwithstanding the provision of the preceding paragraph, if the user selects the setting “Auto Pack” from My-Page, it shall be deemed that the request for packing is made when the e-mail to notify the Cargo Information is sent from the Company or the arrival notice of the Subject Goods or Subject Items is posted on My-Page. In this case, the user cannot request for collective international shipping of several Subject Goods or Subject Items.
3. Each individual request for packing made by the user in accordance with the two preceding paragraphs shall be hereinafter referred to as “One Shipment”.
Article 10 (Utilization Fee)
1. The utilization fee of the Service shall consist of the following items. Whether any charge is incurred for each item and its amount is different depending on the service utilized. The utilization fee and its calculation procedures shall be posted on the website or application to provide the Service (including My-Page; hereinafter generally referred to as the “Service Page”). The Company may change the utilization fee for the Service without giving prior notice. When the user utilizes the Service after posting of the changed utilization fee, the utilization fee after the change shall be applied.
(1) Fee for the delivery agency provided by the Company;
(2) Optional charge required for packing and shipment;
(3) Costs required for international shipping service, registered delivery or other incidental services provided by the Carrier (except for the compensation service by the Carrier described in the following subparagraph);
(4) Compensation charge for the compensation service provided by the Carrier incidental to the international shipping service described in the preceding subparagraph (the costs under (3) and this subparagraph shall be hereinafter collectively referred to as the “Delivery Charges Etc.”); and
(5) Other costs posted on the Service Page.
2. The charges described in 1. (3) of this article shall be specified by the Company on the basis of the charge system specified by the Carrier in charge of the delivery (the fixed price determined by each Carrier). The weight and size as the reference of charge calculation shall be based on the measurement results by the Company, and may be different from the measurement results of the Carrier. Even if an excess is incurred for the Delivery Charge Etc. paid by the user, the Company shall not refund the difference.
3. The user shall utilize the Service after agreeing that the user may be requested to bear the following costs (Hereinafter referred to as "Utilization Fee, etc." together with the usage fees set forth in Paragraph 1 of this Article) in addition to the utilization fee described in Paragraph 1 of this article. The Company shall not be obliged to pay these costs and shall not be responsible for notifying the user of them in advance. If the Company temporarily pays these costs on behalf of the user, the user shall immediately pay to the Company the costs, actual costs incurred and the fee for such payment agency.
(1) Taxes and dues including customers duties, value-added tax or other taxes incurred in relation to custom clearance as well as fees;
(2) The bank transfer fee and overseas transmittal fee incurred in relation to payment of the charge;
(3) The travel expenses and other costs incurred in relation to receiving of and payment for the Subject Goods or Subject Items;
(4) In addition to the costs listed above, the cost incurred after the Company’s delivery of the Subject Goods to the Carrier.
4. The Company shall not refund the utilization fee once paid unless there is any reason attributable to the Company.
Article 11 (Utilization Fee Payment and Request for Shipment)
1. The Company shall, when packing of the Subject Goods or Subject Items is completed, give notice to the user notifying them of the utilization fee, etc. Immediately after the notice, the user shall complete the settlement procedures as specified by the Company and then request shipment. The utilization fee shall be charged to the credit card the user has registered as the Rakuten member information or to the payment method specified by the Company.. The actual payment date shall be in accordance with the rules of the credit card company or the payment method specified by the Company. Upon completion of shipping request procedures, the Company shall immediately request the Carrier to deliver the Subject Goods or Subject Items to the overseas destination.
2. If the user fails to complete the settlement procedures, the Company may give notice for payment to the user. The user receiving such notice shall immediately follow that notice.
3. Regardless of whether the notice of the preceding paragraph is given or not, if the Company fails to confirm payment of the utilization fee by the due date the Company has notified to the user, the Company may unpack the Subject Goods or Subject Items, check their contents, refuse their receipt, dispose of them or transfer them to another site without giving prior notice to the user at the Company’s discretion. If any cost or damage is caused at the Company due to this situation, the user shall be responsible to compensate for such damage.
Article 12 (Utilization Fee, etc. Payment When Auto Ship Function Is Utilized)
1. “Auto Ship” is a function that is made available by the user’s setting on My-Page. This function is for automatic shipment of the Subject Goods or Subject Items and utilization fee, etc. settlement within the range below the upper limit for One Shipment specified by the user in advance. When the user selects Auto Ship, the user is not allowed to use Rakuten Points for payment. In addition, if one year or more has passed since the date when the user set Auto Ship and the user fails to use the transfer agency function of the Service within the past year, then Auto Ship is canceled and the Manual Ship function for each shipment (shipment procedures as described in the preceding article) is set.
2. If the user sets Auto Ship in accordance with the preceding paragraph, the user shall be deemed to have accepted the payment of the utilization fee, etc. and the shipment contents at the time when the Company notifies the utilization fee to the user via e-mail or on My-Page in relation to utilization of the Service within the range below the upper limit.
3. If the utilization fee, etc. calculated in accordance with Article 9, Paragraph 1 is in excess of the upper limit set by the user under the preceding paragraph, the provision of this article shall not be applied and the provision of the preceding article shall apply. It is necessary for the user to complete the settlement procedures for the utilization fee in accordance with the provision of Paragraph 1 under the preceding article.
Article 13 (Check of the Contents)
1. The Company may from time to time unpack the outer package of Subject Goods or Subject Items that have arrived at the Shopping Address to check the contents (hereinafter referred to as the “Check Process”). If, as a result of such Check Process, the Company finds any discrepancy, insufficient quantity, damage or dirt (hereinafter generally referred to as the “Defect”), the Company shall give notice to the user. Note that, however, the Company shall not be obliged to conduct the Check Process, and does not warrant the quality of the goods, whether the goods are defective or not and whether they are genuine or not, and does not warrant that the goods do not violate any related rules or regulations of the country which they are shipped from, transported via or destined to.
2. In the Check Process as described in the preceding paragraph, the Company shall check and understand the contents, type and quantity of the Subject Goods (hereinafter referred to as the “Contents Information”) based on the delivery slip enclosed. If the contents described on the delivery slip are lacking or there is an error, give a vague description or have any other discrepancy or problem and result in the information understood by the Company being not correct, the Company shall not be responsible for it.
3. If, in the Check Process, the Company finds any item that violates or threatens to violate the Act on Prevention of Transfer of Criminal Proceeds or other laws and regulations, the Company may notify the police or other public authority concerned and submit the Subject Goods, Subject Items or take other actions without giving any notice to the user.
4. When the Company receives any prohibited goods as specified in Article 18, items for which the Company cannot obtain the cargo information, mail and notices addressed to the user which are not intended by the user or the like, the Company shall be provided with the authority to unpack such items, check their contents or dispose of them at the Company’s discretion. In this case, the Company shall not be obliged to give notice to the user.
5. Even if damage is caused to the user due to actions specified in this article including the Check Process of the Subject Goods or Subject Items, the Company shall not bear any responsibility, unless such damage is caused by the Company’s willful conduct or gross negligence.
Article 14 (Delivery Agency)
1. The user shall in advance grant the Company the authority to execute a Delivery Agreement using the name of the user. The Company shall, after confirming the payment of the utilization fee under Articles 11 or 12, immediately perform the agent work on behalf of the user (as long as there is no reasonable reason to delay the work) so that the goods will be delivered to the destination specified by the user. Note that the date of shipment cannot be designated unless separately specified by the Company.
2. The Company shall not be a party of the agreement on the delivery of the Subject Goods or Subject Items with the Carrier, and shall not bear any responsibility for non-arrival, delay, or breakage of the Subject Goods or Subject Items due to any accident or any other damage or disadvantage occurring to the user in relation to that agreement. For the transaction conditions in the agreement on delivery of the Subject Goods or Subject Items (including incidental services such as compensation and registered delivery), check the Conditions of Carriage or Postal Conditions provided by the Carrier.
[Super Express]
FedEx:https://www.fedex.com/en-jp/conditions-of-carriage.html
DHL: Terms & condition https://mydhl.express.dhl/us/en/home.html
[Standard Express]
Postal Service(EMS): https://www.post.japanpost.jp/int/ems/service/damage_en.html
[Economy Air]
Postal Service(Small Packets Airmail・Economy Air *SAL): https://www.post.japanpost.jp/int/service/damage_en.html
ECMS: https://globalexpress.rakuten.co.jp/docs/carrier/ecms_standard_contract_en.pdf
SF Express: https://www.sf-international.com/jp/en/use_clause/Terms_and_Condition_of_Waybill.html
[Surface]
Postal Service(Small Packets Surface mail): https://www.post.japanpost.jp/int/service/damage_en.html
3. The Company shall, if the Delivery Agreement is executed between the Carrier and the user in accordance with agency under Article 1, pay the Delivery Charge Etc. to the Carrier in place of the user from the utilization fee received from the user.
4. The subject who exports or imports the Subject Goods or Subject Items is the user, and the user shall assume the primary responsibility for customs clearance and other import/export actions. The user shall utilize the Service after checking that such utilization does not violate any laws or regulations of the country which the goods are exported from, transported via or imported to. In addition, in order to provide the Service, the Company sometimes performs the import/export procedures (not including customs clearance) with the name of the user.
5. Utilization of the Service shall be limited by the laws and regulations of the country which the goods are exported from, transported via or imported to as well as the type, size, weight, price, destination and other conditions of the goods as specified by the Company or the Carrier available in this Service. The user shall utilize the Service after checking that such utilization does not violate these conditions when utilizing the Service.
6. The user shall be obliged to receive the Subject Goods or Subject Items at the overseas destination which the user himself/herself has registered. If the user’s failure to receive the Subject Goods or Subject Items results in any cost or damage to the Company, the user shall compensate for such cost or damage. In addition, the Company shall not bear any responsibility for any disadvantage (including, but not limited to the incurring of return cost and loss of opportunity) that is caused by the user’s failure to receive the Subject Goods or Subject Items.
7. Among the incidental services as specified in Paragraph 2, for the damages and compensation under the compensation system for delivery of the Subject Goods or Subject Items provided by the Carriers (including, but not limited to the compensation system of EMS: https://www.post.japanpost.jp/int/ems/service/damage.html) (hereinafter referred to as the “Compensation Etc.”), the user shall in advance grant the Company the authority to receive the Compensation Etc. on his/her behalf and the Company shall receive such Compensation Etc. on behalf of the user. The Company shall pass the Compensation Etc. by bank transfer to the account with the name of the user opened at a bank located in Japan specified by the user. If the user cannot open such a bank account, however, the user may select to receive Rakuten Points with a limited period of six months as the method to receive the Compensation Etc.
Article 15 (Handling of Goods and Package)
1. The Company shall not be responsible for deterioration over time or other quality degradation of the Subject Goods or Subject Items during the period the Service is provided, unless the Subject Goods or Subject Items become defective due to the Company’s willful conduct or gross negligence.
2. If one month has passed since the Subject Goods or Subject Items arrived at the shopping address without any reason attributable to our company, such as when we are unable to contact the user, or if the user requests to relinquish ownership of the target product, ownership will be transferred to us. In that case, the Company may sell, transfer to another site, or otherwise dispose of the Subject Goods or Subject Items without giving any prior notice to the user. In addition, the Company may request the user to pay the cost incurred in such action.
3. Notwithstanding the provision of the preceding paragraph, if the characteristics of the Subject Goods or Subject Items impede operation of the Service (due to a bad smell or the like), the Company may, regardless of the transition period after arrival of the Subject Goods, sell, transfer to another site or otherwise dispose of the Subject Goods or Subject Items without giving any prior notice to the user. The Company may request the user to pay the cost incurred in such action.
Article 16 (Optional Service)
The Company may provide optional services for a fee. Note that the fee and other details of the optional services shall be separately specified by the Company.
Article 17 (Personal Information)
The Company shall handle the personal information of the user the Company obtained in relation to the user’s utilization of the Service in accordance with the Company’s privacy policy (https://globalexpress.rakuten.co.jp/privacy/) and the user shall agree to this policy.
Article 18 (Articles Prohibited for the Service)
1. The user shall not use the Service for the following items.
(1) Items purchased or shipped from vendors other than Business Operators;
(2) Items handled through CtoC services (regardless of whether the items are new or used)
(3) Flammable, ignitable, volatile, explosive or other dangerous items;
(4) Cash and checks, bills, stock certificates and other securities;
(5) Credit cards, cash cards or other similar cards as well as bank books or other withdrawal cards of financial institutions;
(6) Items without the trade mark or other text description from which it is easily determined that it is sent to the Company;
(7) Correspondence or other communication means defined as correspondence under the current laws;
(8) Living animals or plants, dead animals or taxidermy animals;
(9) Human bodies or a part of human bodies, dead bodies, cremains as well as Buddhist memorial tablets;
(10) Food, drinks or other items easily degraded or rotten;
(11) Antihypnotic agents, marijuana, drugs, psychotropic drugs and other prohibited medicinals;
(12) Gunnery, swords, weapons, arms, gunpowder, explosive materials, poison, or harmful substances;
(13) Medicines or medical equipment;
(14) Child pornography, pornography videos or other obscene materials;
(15) Items of which transportation, export or import is prohibited or restricted under the laws and regulations of the country, state or local government which they are imported from, transported via or exported to;
(16) Duty-free products; or
(17) Other items which are not accepted to be handled under the Conditions of Carriage or Postal Conditions of the Carrier or which the Company judges inappropriate.
2. When the Company receives any of the items specified in Paragraph 1 of this Article, the Company shall immediately abolish, sell or otherwise dispose of such items.
3. In case the Company sells the items in accordance with the provision of the preceding paragraph, it may apply the money paid for it to the cost required for retaining and disposal of the items, utilization fee of the Service and other costs. If there is any remaining amount after such disposal, the Company shall refund the money to the user by the transmittal method specified by the Company. The fee required for the transmittal shall be borne by the user. Note that the remaining amount does not bear any interest.
4. Even in case the user suffers damage due to disposal of the items specified under this article, the Company shall not bear any responsibility.
Article 19 (Prohibited Acts)
1. If the user falls under or threatens to fall under one of the following subparagraphs, the Company may, without giving notice to the user, suspend the utilization of the Service or delete the utilization registration, or suspend or cancel the Rakuten membership qualification in accordance with the Rakuten Membership Regulations. Even if the user suffers damage or disadvantage resulting from the Company’s action, the Company shall not bear any responsibility.
(1) The user submits false information to the Company in utilization registration for the Service or fails to update the information to correct contents;
(2) The user notifies the Company of false information (including, but not limited to the goods price, Cargo Information etc.) in relation to the Subject Goods, Subject Items, or requests the Business Operators to notify false Information;
(3) The user fails to pay the utilization fee by the date specified by the Company;
(4) The user requests the Company to perform delivery agency for the items listed in the preceding article;
(5) The user takes any action violating the Regulations Etc.;
(6) The user utilizes the Service pretending to be another person;
(7) The user fails to receive the Subject Goods or Subject Items without any justifiable reason;
(8) The user utilizes the Service for the purpose of pledging, for reselling or for a commercial purpose;
(9) In addition to the preceding subparagraph, the user utilizes the Service for any purpose other than the request for delivery agency of the Subject Goods or Subject Items;
(10) The user infringes the right of or bothers the Company, other users or a third party;
(11) The user obstructs operation of the Service by the Company;
(12) The user takes any action violating the treaty or laws inside and outside of Japan as well as rules or guidelines applicable to the Service;
(13) The user makes errors in password input more than a certain number of times or the like and the Company judges it necessary to do so in order for assuring security of the user;
(14) The user diverts or reprints the e-mail sent from the Company to users in whole or in part without giving notice; or
(15) There is any other situation where the Company judges it appropriate to suspend the utilization in light of the purpose of the service.
Article 20 (Exclusion of Anti-social Forces)
The Company prohibits any organized crime group, a member or quasi-member of an organized crime group, a company affiliated with an organized crime group, a racketeer or a group engaging in criminal activities under the pretext of conducting social campaigns or political activities, a crime group specialized in intellectual crimes and those having close relation (including financing or other convenience provision) with them and those similar to them to utilize the Service. If the Company judges that a user is any of these anti-social forces, the Company may stop provision of the Service without giving prior notice to the user. The Company shall not bear any responsibility for any damage or disadvantage caused to the user due to such stop of provision of the Service.
Article 21 (Violation against Regulations)
If the Company or a third party such as another user suffers any damage as a result of violation by a user against the Regulations Etc., the Company may claim for compensation for the damage to the user (including the legal fee within a reasonable range).
Article 22 (Refusal to Provide the Service)
The Company may, in the following situations or when the Company judges such situation could occur, refuse provision of the Service even after the start of provision of the Service. Even if the user suffers any damage or disadvantage resulting from such refusal, the Company shall not bear any responsibility.
(1) Necessary procedures specified under laws and regulations such as identification procedures cannot be performed;
(2) The user’s whereabouts or the address of the destination of the Subject Goods or Subject Items cannot be confirmed;
(3) The user files a false application;
(4) The Subject Goods or Subject Items are prohibited items under Article 18;
(5) The Business Operators refuses provision or shipment of the Subject Goods or desires collection of the Subject Goods or Subject Items;
(6) The Subject Goods or Subject Items do not arrive at the Shopping Address;
(7) The user refuses receipt of the Subject Goods or Subject Items;
(8) The Carrier fails to deliver the Subject Goods or Subject Items;
(9) The Subject Goods or Subject Items are stopped or confiscated by a public agency such as customs of the country which they are exported from, transported via or imported to and the Carrier cannot deliver them to the specified destination;
(10) The user fails to pay the utilization fee of the Service within the period specified by the Company;
(11) The user violates these regulations; or
(12) The Company otherwise judges it inappropriate to provide the Service.
Article 23 (Exemption from Responsibility)
1. If any damage is caused to the user in relation to the Service due to an act of God, war, terrorism, riot, establishment, revision or abolishment of laws or regulations, intervention or order by any governmental organization, infectious disease, blackout, suspension, delay, halt or data loss on a communication line or computer caused by failure or system maintenance, illegal access to data, transportation accident, labor dispute or other force majeure, the Company shall not bear any responsibility for such damage.
2. The Company’s responsibility under these regulations shall be limited to provision of the Service with reasonable effort, and the Company shall not bear any responsibility for and shall disclaim warranties of correctness, recency, usefulness, reliability, legality, fitness for a particular purpose, no infringement of a third party’s right in relation to the Service (including the information on the Service Page provided by the Company).
3. The Company shall not warrant that e-mails or content sent from the Company’s website, server or domain are free from any computer virus or other harmful elements.
4. The Company may from time to time provide information or advice to the user, but shall not bear any responsibility for such information or advice.
5. In addition to the preceding paragraphs, the Company shall not bear any responsibility for any damage or disadvantage the user suffers in relation to the Service, unless otherwise specified in the Regulations Etc.
Article 24 (Stop or Termination of the Service)
The Company may at any time change, stop or terminate the provision of the Service to designated users or all users without giving notice to the user. The Company shall not bear any responsibility for any damage or disadvantage caused to the user due to such change, stop or termination of the Service.
Article 25 (Prohibition of Transfer)
The user shall not assign, lease or sell to a third party, pledge or otherwise dispose of the rights and obligations in relation to utilization of the Service.
Article 26 (Governing Law and Jurisdiction)
The official text of these regulations is that of the Japanese version. These regulations are governed by the laws of Japan. For any dispute between any customer and the Company arising from or in connection with the Service, the Tokyo District Court shall have the exclusive jurisdiction for the first instance.
Article 27 (Effectiveness of the Regulations Etc.)
1. Even when a part of the provisions in the Regulations Etc. is judged invalid under the laws or regulations, provisions other than such invalid section in the regulations shall survive effectively.
2. Even when a part of the provisions in the Regulations Etc. is made invalid or is canceled in relation to a particular user, the Regulations Etc. shall continue to be effective in relation to other users.
Article 28 (Revision of the Regulations Etc.)
The Company may at any time revise the Regulations Etc. without giving prior notice to the user. The revision shall become effective when the Company posts the Regulations after revision to the Service Page (or on the effective date in case the Company separately sets the effective date of the Regulations after revision). If the user utilizes the Service after that, the user is deemed to have agreed to the Regulations after revision.
Special agreement for proxy payments
Article 1 (General rules)
This special agreement prescribes special provisions of the Agreement that apply when the User uses the proxy payment service (hereinafter referred to as "the Proxy Payment Service") that is provided by the Company as an optional addition to the Service. This special agreement shall be regarded as part of the Agreement, Etc. and matters not stipulated in this special agreement shall be handled in accordance with the provisions of the Agreement, Etc.
Article 2 (Proxy Payment Service)
1. "Proxy Payment Service" refers to a service where, when the User purchases a target product and uses the Service, the Company makes a payment for the purchase of the target product to the store, and the User pays the amount of said payment to the Company, thereby enabling smooth payments for target products even using a credit card that was issued outside Japan.
2. Users who wish to use the Proxy Payment Service shall apply for registration with the Proxy Payment Service through a method prescribed by the Company. If use of the Proxy Payment Service is approved after the prescribed screening process, the User shall be registered for usage.
3. The Proxy Payment Service can only be used to pay the purchase price at certain stores separately designated by the Company (hereinafter referred to as "Approved Stores"). When using the Proxy Payment Service, the User should confirm in advance whether the store in question is among the Approved Stores by checking the Company's website or using another method stipulated by the Company. The Company shall not be liable for any damages caused to the User as a result of using the Proxy Payment Service for a store that is not among the Approved Stores.
Article 3 (Use of the Proxy Payment Service)
1. When the User intends to use the Proxy Payment Service to purchase a target product from an Approved Store, the User shall select cash on delivery as the payment method and have the target product delivered to the Company's designated location in accordance with Article 7, Paragraph 1 of the Agreement. The application for the Proxy Payment Service shall be considered complete when the User selects said payment method and said target product is delivered to said location.
2. When the Company confirms that the product arriving at the designated location in accordance with the preceding paragraph is a target product, carries out other checks designated by the company and approves the User's usage of the Proxy Payment Service, the Company will pay the cost for said product on behalf of the User to the courier who delivered that product.
3. As the usage fee for the Proxy Payment Service, the Company will charge the User an amount equivalent to the payment made on behalf of the User in accordance with the previous paragraph, plus a 10% handling fee for the Proxy Payment Service. Said usage fee will be charged to the credit card stipulated in Article 11, Paragraph 1 of the Agreement.
Article 4 (Cancellation of use)
1. The Company may deny or cancel usage of the Proxy Payment Service by the User under any of the following circumstances. Should that occur, the Company shall bear no responsibility for payment of costs under Paragraph 2 of the preceding article.
(1) When the credit card stipulated in Paragraph 3 of the preceding article cannot be used, or usage of that card has been canceled
(2) When the Proxy Payment Service is used in violation of this special agreement
(3) When the User violates the Agreement, Etc.
(4) When the target product does not reach the location stipulated in Article 3, Paragraph 1 within 45 days of the date the User purchases the target product
(5) When the Company reasonably determines that the User's usage of the Proxy Payment Service is not appropriate
2. In the event that usage of the Proxy Payment Service is denied or canceled in accordance with the preceding paragraph, if the User remains obligated to pay the store for the price of the product, the User shall be responsible for making that payment through a method other than the Proxy Payment Service, and the Company shall have no involvement in this.