Conditions d'utilisation de Carpaydiem
Chapter 1: General Terms
Article 1: General
Carpaydiem Co., Ltd. (hereinafter referred to as the "Company") operates a service named "Carused.jp" (hereinafter referred to as the "Service" and the website of the Service shall be hereinafter referred as the "Service Website"), an internet service to (i) provide vehicle data of used car parts （hereinafter referred to as the “ Product”）, (ii) provide an online shopping mall to permitted users of the Service (hereinafter referred to as the "User(s)") and (iii) receive orders from and sell to such Users. The Company hereby establishes the following rules and regulations (hereinafter referred to as the "Terms") for the User(s).
Article 2: Scope of and Changes to the Terms
- The Terms apply to User(s) of the Service. The User(s) shall strictly adhere, in good faith, to the Terms.
- If changes are made to the Terms, the Company will notify the User(s) of such changes. If a User does not indicate that he or she does not accept changes when he or she next uses the service, or within one week of notification of said changes, such User will be deemed to have accepted the changes.
- Where one or more Articles or parts of Articles contained within the Terms is deemed ineffective or unenforceable, the remainder of the Articles or parts of Articles will remain fully in force. The Company and/or the User(s) will legitimize the Article or part of Article deemed ineffective or not executable and revise it as necessary in order to make such Article enforceable. The Company and User(s) agree that if any Article, or any part of any Article, is amended pursuant to the forgoing clause, that the such changes shall preserve the legal and economic intention of the original language.
Article 3: User Notification
Notification: (1) Mail, (2) the Service Website (Location undecided)
- Except where otherwise stipulated in the Terms, the User(s) will be notified by the Company via e-mail, via general postings on the Service Website, or by other means deemed appropriate by the Company.
- Where notification as described in 1 above is carried out by e-mail, said notification is deemed complete when the e-mail is sent to the User's e-mail address.
- Where the notification in 1 above is carried out via general postings to the Service Website, said notification is deemed complete once it has been posted to the Website and the User(s) accessing the Service can view the posting.
- Once notification has been completed, any information contained in said notification is effective immediately.
- The User(s) shall read any notification from the Company made by e-mail without delay. As used herein, “read” shall mean displaying the mail delivered on such User’s screen, carefully reading the content and verifying comprehension of the contents of the notification.
Article 4: Applicable Laws, etc.
- The enactment, validity, execution, interpretation, etc. of the Terms are subject to the laws of Japan.
- Only the original English version of these Terms shall have any legal effect and translation hereof is for reference purposes only.
Article 5: Court Holding Jurisdiction
- Should any dispute arise between a User and the Company with regard to the Service and/or any contracts concluded through the Service, the Company and User(s) agree to attempt to attempt, in good faith, to settle any such disputes through discussion.
- If the dispute(s) cannot be resolved through discussion between the parties concerned, it shall be decided by arbitration by The Japan Commercial Arbitration Association.
Article 6: Prerequisites for Utilizing the Service
- The User(s) is responsible for obtaining the equipment necessary to utilize this Service, including communications equipment, software, relevant Internet services, etc.
- Access to the Service Website is permitted only to the User(s) who has the qualification to utilize the Service (hereinafter referred to the "Member Qualification"). The Member Qualification shall be obtained as provided in Article 8.
Article 7: Making Changes to Registration Information
- Should changes occur in registered user information such as a User(s) name, address, telephone number, facsimile number, email account or other information provided to the Company at the time of registration, the User(s) shall report any such changes to the Company immediately.
- The Company is not liable for any damages incurred by the User(s) or a third party due to any User(s) failure to inform the Company of the changes in user information, as required above.
- If a User neglects to inform the Company of changes in registered information, such User understands that the Company will deem any notification delivery complete, if and when notification is sent to such User using the registered information most recently provided by the User to the Company, even if said notification returns to the Company as undeliverable.
Article 8: Member Qualification
The Member Qualification will be provided to an individual or a corporate body when they:
- agree to the Terms of Service,
- provide their required personal information specified on the applicable registration screen, and
- obtain user ID and password.
Article 9: Prohibition
- Users shall use the Products purchased from the Company for peaceful purposes only and shall not use the Products to develope or manufacture weapons of mass destruction, such as nuclear, biological or chemical weapons and missiles．
- Users shall not re-export the Products without prior written consent from the Company.
Article 10: Forfeit of Membership
The Company has the right to revoke the Member Qualification of any User(s) in the following situations:
- In the case of bankruptcy of a User(s), or if the Company decides a User(s) is at risk of bankruptcy.
- Where the registration information provided by a User(s) is found to be untrue, inaccurate, or incomplete.
- Where a User(s) is in breach or violation of the Terms or any other agreements with the Company.
- In the case that the Company decides providing Service to a User(s) would be
inappropriate due to any of the following circumstances.
- User(s) has taken any action that infringes copyrights or other rights of the Company or any third party or actions that pose a threat to such rights.
- User(s) has taken any action that infringes upon the Company's rights to privacy or any assets, or actions that pose a potential threat to such rights.
- User(s) has taken any action that causes loss or damage to a third party or to the Company, or any action that poses a potential threat of such loss or damage.
- User(s) has transferred or attempted to transfer the rights stipulated in the Terms to a third party.
- User(s) has taken any action resulting in the defamation of a third party or the Company.
- User(s) has taken any action that runs counter to public order and morals (including obscenity, prostitution, violence, atrocities, abuse, etc.) or any action deemed by the Company to potentially lead to such violations, or any action of providing information to a third party that runs counter to public order and morals.
- User(s) has taken any illegal action or any action related to an illegal action, or an action that could potentially lead to an illegal action.
- User(s) has taken any action related to the sex industry.
- User(s) has used the Service using another person’s identity.
- User(s) has utilized harmful computer programs such as viruses through the Service or in conjunction with the use of the Service, or introduced such programs to any device or website of the Company.
- User(s) has taken any action leading to inconvenience or loss for the Company or a third party, any action that may interfere with the Service, or any action that impedes the operation of the Service.
- User(s) has utilized the Service in order to cause significant interference to the use of the Service by other User(s), either directly or indirectly.
- User(s) has taken any action that may promote any of the above actions including linking to sites that carry out the above actions (including where said actions are carried out by a third party).
- User(s) has taken any other illegal action or any action that may potentially lead to illegal actions.
- User(s) has taken any other action deemed inappropriate by the Company.
Article 11: Copyrights
- The User(s) may not utilize any information or files accessed via the Service for any means whatsoever, other than the User(s) individual personal use, without the permission of the copyright holder.
- The User(s) may not, by any means whatsoever, have third parties utilize or disclose information or files obtained through the use of the Service without the permission of the copyright holder.
- Should any disputes arise due to violation of the rules stipulated in this Article, the User(s) is responsible, financially and otherwise, for the resolution of such disputes. The Company will not be held liable in any way, and the User(s) will not cause loss to the Company.
Chapter 2: Information Pertaining to Sales Contracts
Article 12: Order
- The Users can request a proforma invoice by clicking the "FREE INQUIRY" button on Web-stock list in the Service Website. The User(s) can request more particular information by sending inquiry to the Company separately.
- Where a proforma invoice (and more particular information) is requested according to the procedure described above, the Company will contact to the User(s) within two business days by e-mail or other means deemed appropriate by the Company. Once purchase conditions (price, payment schedule and the others) are determined, the proforma invoice will be sent to the User(s) by e-mail or other means deemed appropriate by the Company. The proforma invoice will be displayed in accordance with the required delivery terms.
- Proforma Invoice will be forwarded to the User(s) as described in Article 3 of these Terms. Note, however, that this information will not be conveyed in the form of general postings on the Service Website.
- Proforma Invoice will be sent only for the User(s) that completed the required information as stipulated under the rules of the service as required in the Terms. Should the User(s) be unable to obtain a Proforma Invoice due to incorrect or incomplete information, etc., and as a result incurs loss such as damage or conflict, the User(s) is responsible, both financially and otherwise, for resolving any disputes arising. The Company will not be held liable in any way, and the User(s) will not cause loss to the Company.
Article 13: Payment
- Where the User(s) wish to purchase the Products from the company through the Service Website, the User(s) shall remit the amount indicated in the Proforma Invoice (described in Article 11) transferred by telegraphic transfer to the Company's Account.
- The User(s) are responsible to complete a payment within 48 hours from the time it receives a Proforma Invoice.
- The Company utilizes systems required for proper payment processing, including requiring the User(s) to enter the Chassis No., Full name and Telephone No. on the message line.
- The User(s) are responsible for any bank fees incurred in the remittance of funds.
Article 14: Conclusion of Contract
- The User(s) wishing to purchase Products from the Company through the Service shall respond to the proforma invoice which the User(s) received from the Company and confirm the purchase (the "Confirmation of the vehicle").
- The contract between the User(s) and the Company is concluded according to the Terms where the Confirmation of the vehicle is sent to the Company via email.
Article 15: Termination of Contract
- Even where the contract has been concluded as described in Article 13, the Company
reserves the right to terminate the contract;
- where the Products cannot be delivered for reasons related to import restrictions, guidance or instructions, etc., from the relevant authorities;
- where the User(s) has made false statements or has performed illegal acts, or where it is recognized that the contract is rendered impossible to execute due to actions of the User(s).
- The Company is entitled to terminate or cancel the contract forthwith by written
notice to the User(s) upon the occurrence of any of the following events:
- User(s) fails to perform any of the terms or conditions contained in the Terms;
- Insolvency of the User(s) or a voluntary or involuntary petition in bankruptcy is filed by, against or on behalf of the User(s)
- In instances as described in 1 and 2 above, any funds remitted or payments made to the Company will be returned to the User(s). Any bank fees arising as a result are paid by the User(s), and the Company pays no interest whatsoever on funds held through the date of refund. Further, where any actual costs arise through the period up until the refund is made, any such costs are the responsibility of the User(s), and the Company bears no such costs whatsoever.
Article 16: Shipment
- It is the responsibility of the User(s) to research in advance any import regulations in their own country.
- It is the sole responsibility of the User(s) to abide by any import restrictions, guidance and instructions from the relevant authorities that arise from neglecting to proceed as described in 4 above, and the User(s) will not hold the Company liable in any instance whatsoever. Further, the User(s) is liable for any resultant damages incurred by the Company, while the Company bears no liability for any such damages.
- Local clearance and vehicle registration will be arranged by the User(s).
- In case the contract is terminated on the grounds provided in 3 of this Article 15, the Company shall not refund any deposit or payment made by the User(s).
Article 17: Risk and Title
- Risk of the Products shall pass from the Company to the User(s) when the Products pass the rail of the ocean-going vessel at the port of loading.
- The Company shall reserve the title to the Products until the full payment for the Products have been made.
Article 18: Refunds
- Other than the cases provided in 3 of Article 14, refunds are made only where there is a reasonable basis for such action, such as where agreement is not reached on a contract for the payment concerned.
- Refunds may also be given where both parties agree, even where no reasonable basis as described in 1 above is recognized.
- Bank fees assessed on remittances related to refunds as described in 1 and 2 above are paid by the User(s), except where the Company is largely responsible.
- To Qualify for a refund, 30 days from the date of User(s) payment must first pass. If the waiting period has not passed, any refund request will be considered a cancellation and the cancellation rules shall apply to to such request.
- In case of refunds for any reason the company can take up to 60 days to refund the fund and all the cost burden of the process would responsibility of the buyer as reflected on the article above
Article 19: Product Liability
The Company's sales are based on as-is condition at the time of the sale. The Company bears no liability whatsoever for problems, including failure and/or accidents, with the User(s) purchases of Products where such problems arise from breakdown, defects etc. that are the responsibility of the commodity manufacturer. Further, the Company holds no liability for damages so incurred by any third parties.
Article 20: Defect Liability
- As described in Article 18, once property rights have been transferred, the Company is in no way liable for damages incurred by the User(s), including defects or failure. Further, the Company holds no liability for damages so incurred by any third parties.
- The Company and the User(s) may agree to conditions other than the above, in which case their agreement takes precedence.
- Except where otherwise specified in the Terms, the Company shall not accept any claim with respect to vehicle.
- The condition described on the Service Website shall be carefully examined by the User(s) on his or her own responsibility.
- The Company shall not be responsible for any damage found after purchase.
Article 21: Cost Burden
- The Company is in no way liable for costs related to failure or accidents stemming from defects, for defects or failures that are the responsibility of the manufacturer, or for other damages incurred by the User(s) or a third party. The User(s) covers the cost burden required to resolve any such issues.
- In the extremely rare event that breakdown or other such damages occur as a result of criminal intent or gross negligence on the part of the Company, the Company will pay all repair and compensatory costs involved, regardless of the rules stipulated in 1 above.
- The Company and the User(s) may agree to conditions other than the above, in which case their agreement takes precedence.
Article 22: Cancellation
- The User(s) may terminate any purchase of a Product, before the Company delivers the Products to a carrier for shipment to the User(s), with payment to the Company of 15% of the contract amount or US$1,500, whichever is larger.
- The User(s) may cancel the purchase of any Product, other than Products displayed in the Product lineup through the Service, with payment to the Company of 30% of the contract amount.
- In case of cancellation for any reason the company may take up to 60 days to complete the refund and all costs incurred with respect to such refund request shall be the responsibility of the User(s), as reflected on the article above
- The User(s) may terminate any purchase of a Product after the Company delivers the Products to a carrier for shipment to the User(s) with payment to the Company of general costs accrued at the destination in addition to the full amount of the contract.
Article 23: Returns
- Where a Product purchase contract is concluded as stipulated above, the Company will not allow for any returns once the Products or property rights relating to such Products have been transferred.
- Exceptions to the above may occur where the Company is largely responsible.
Chapter 3: Other Important Issues
Article 24: Safeguarding User Information
- The Company will not dispose of or disclose information provided to the Company by
the User(s) through the User registration process, or information that becomes known
to the Company through the process of the User(s)’s uuse of the Service, except in
the following circumstances:
- Where the User(s) agrees to the disclosure of limited personal information (user ID, address, telephone number, e-mail address, etc.).
- Where the Company discloses statistics collected on personal information (the type of information where individual the User(s) are not specified) for the purpose of assessing trends in the use of the Service.
- Where disclosure is required by law.
- The Company will use personal information for the purpose of sending to User(s) direct mails or e-mails to inform such User(s) of the newly-arrived cars and other goods and services of the Company, in addition to the provision of the Service as set out in the Terms.
Article 25: Termination and Suspension of Service
- The Company may terminate or suspend operation of the Service under the following
- For regular or emergency system maintenance or work on the Service, or under unavoidable conditions such as a company system failure.
- Where due to war, civil unrest, rioting, labor disputes, earthquake, volcanic eruption, floods, tsunami, fire, blackout, system failure due to hacking or a computer virus, or other emergency conditions, the Service cannot be operated as usual.
- Where so restricted or order by a government agency, or where the services of other electronic communications companies have been terminated or suspended.
- Under any other circumstances where the Company deems temporary suspension necessary to the operation of the Service.
- The Company will inform the User(s) in advance when operation of the Service is to be terminated or suspended as per the above. Note, however, that this may not be possible in emergency situations.
- The Company is in no way liable for damages incurred by the User(s) or third parties resulting from termination or suspension of the Service.
Chapter 4: COMPENSATION FOR LOSS
Article 26: Exclusions
- Except where otherwise specified in the Terms, the Company is in no way liable for damages incurred by the User(s) or third parties through the provision of or delays/changes in, suspension, termination, discontinuance, or abolishment of the Service, leakage or loss of information provided through registration with the Service or other means, or damage otherwise incurred related to the Service.
- The above may not necessarily apply in cases where there is criminal intent or gross negligence on the part of the Company.
- The Company makes no guarantees whatsoever in terms of the completeness, accuracy, usability, etc., of the description of the Service, or of information obtained by the User(s) through the Service.
- The Company makes no guarantees of proper operation of any user equipment or software.
- The Company is in no way liable for any disputes between the User(s) and third parties that may arise through use of the Service.
- In addition to the above, the User(s) is liable for compensation of any damages incurred by the Company as a result of his or her violation of the Terms, criminal intent, or gross negligence.
- Any of the rights and obligations hereunder shall not be assigned by either party without a prior written consent of the other party. In the event an assignment is consented to by the other party, this Agreement shall inure to the benefit of and be binding upon the successor or the assignee.
- Should any provision of the Terms be invalid or unenforceable, then such provision shall be given no effect and shall be deemed not to be included within the Terms, but without invalidating any of the remaining terms of the Terms. The parties hereto shall then endeavor to replace the invalid or unenforceable provision by a clause which is closest to the contents of the invalid or unenforceable provision.
Article 27: Claim and Compensations
- No claim shall be accepted unless all of the following requirements are met:
- The car price of the vehicle purchased is above US$1,500
- Claimed damages is above US$300 (the Buyer shall bear up to US$299 as a repair cost per car);
- The age of the vehicle is less than 10 years;
- For engine and transmission trouble, the number of miles driven of the vehicle is less 100,000km.
- The Buyer notifies the Company of any claim in detail in writing within 14 days after the arrival of the vehicle at the destination specified in the Bill of Lading; and,
- The Buyer sends to the Company the following documents via e-mail or facsimile within 7days after the notice set forth above is sent: port authority's report of any damage or missing items of the vehicle; a reputable local garage's report and quotation in U.S. dollar currency for repairs; and photos of relevant damages
- The Company shall not be liable for any of the following:
- Interior damages that are judged as minor, negligible, or invisible (including without limitation scratches, cigar burns, stains and cuts);
- Missing or damaged interior equipment (including without limitation shift knobs, head rests, sunshades, spare tires, jack tool kits, floor mats, cigarette lighter, and remote controls);
- Exterior damages that are indicated before purchase, or judged as minor, negligible, or invisible (including without limitation scratches, tiny dents, holes and small rust);
- Snow tires or wheels without wheel lock nuts removed; or
- Any consumables including without limitation oil, fuel, tire tread, air-conditioning gas, etc.
Chapter 5: Special Conditions Applicable to our Auction Service
- User(s) must have a Carused.jp account before User(s) can bid at the auction. A
deposit is required before the Company can start bidding on User(s) preferred
vehicles. Depending on the amount of the deposit received, the User(s) given a price
limit for the purchase of vehicles made on the Service Website, as follows:
Deposit Bid Amount US$1,000 total vehicle(s) price up to US$10,000 US$2,000 total vehicle(s) price up to US$20,000 US$3,000 total vehicle(s) price up to US$30,000 US$4,000 total vehicle(s) price up to US$40,000 US$5,000 total vehicle(s) price up to US$50,000 US$10,000 total vehicle(s) price up to US$100,000 US$50,000 total vehicle(s) price up to US$500,000
- User(s) entitled to place a bid on any numbers of vehicles as long as it is within the allowed limit, based on the User’s deposit amount. The Company will confirm all bids by email or phone within 24-48 hours after the request to bid has been placed.
- The auction system named Ninja is a system is operated by a company that is not affiliated with the Company. The Company will not hold responsibility for any cases due to external factors such as technical difficulties.
- For successful bids, the User(s) will be notified with the bid results and will be sent the proforma invoice. The User(s) will be notified within 24-48 hours of any change (increase or decrease) in the total FOB or C&F price. In the case of unsuccessful bids, the User(s) will also be notified with some suggestions of similar models that are available for future transactions.
- No claims are accepted unless:
- The vehicle(s) are over 15 years old from the date of manufacture or first registration;
- The vehicle(s) have travelled more than 100,000 kilometers;
- The vehicle(s) have chassis, engine, or exhaust modification;
- The vehicle(s) that have a documented accident history (condition grade=0 or A or similar), are purchased at the buyer’s or customer’s own risk and cannot be subject to any claim;
- Furthermore, any claims for ABS, SRS, or other electronic faults for vehicles purchased at an auction price of less than 200,000 yen are not accepted.
These terms are conditions are subjected to changes without prior notification