2024-12-23_AA_EN
Carused.jp by Carpaydiem

These Terms of Service will take effect on 1st October 2026. Until then, the current Terms of Service apply. -> View current Terms of Service

Carpaydiem Terms of Service

Article 1: General

Carpaydiem Co., Ltd. (hereinafter referred to as the "Company") operates a service named "Carused.jp" (hereinafter referred to as the "Service"), through which the Company provides vehicle and product information regarding used cars and other products handled by the Company (hereinafter referred to as the "Products"), provides an online shopping mall, and receives orders for and sells the Products. The Company hereby establishes the following terms of use (hereinafter referred to as the "Terms") governing the use of the Service between the Company and persons who use the Service (hereinafter referred to as the "User(s)").

Article 2: Scope of and Changes to the Terms

  1. The Terms apply to standard transactions conducted through the Service that are premised on payment before shipment ("Before-Shipment Payment") (hereinafter referred to as the "Standard Transactions"). Transactions involving credit, including post-payment transactions without Before-Shipment Payment, and any other transactions separately agreed upon by the Company shall be subject to separate individual agreements entered into between the Company and the relevant User(s), and the Terms shall not apply to such transactions. However, with respect to matters not provided for in such individual agreements or in any terms separately presented by the Company, the provisions of the Terms shall apply to the extent not inconsistent with the nature of such transactions. The provisions of the Terms shall also apply, to the extent not inconsistent with their nature, to auction services provided through the Service and to deposits and other related amounts incidental thereto. The User(s) shall strictly adhere, in good faith, to the Terms and any guidelines, policies or other rules separately established by the Company.
  2. The Company may, at its discretion, change all or part of the Terms. The Company will notify the User(s) of such changes. If a User does not object to such changes within the period specified in the notice after the Company notifies the User of the changes, or if the User uses the Service after such notice, the User will be deemed to have accepted the amended Terms.
  3. Where any Article or part of any Article contained within the Terms is deemed invalid or unenforceable under applicable laws and regulations, the remainder of the Articles or parts of Articles will remain fully in force. The Company and the User(s) shall cooperate, to a reasonable extent, in making such revisions as may be necessary so that the legal and economic effect of the Article or part of Article deemed invalid or unenforceable is preserved to the greatest extent possible. The Company and the User(s) agree to revise such Article to the extent necessary so that its legal and economic effect is preserved to the greatest extent possible.

Article 3: User Notification

  1. The Company may notify the User(s) by e-mail, WhatsApp or other messaging services (hereinafter referred to as the "Messaging Services"), by posting on the website of the Service, or by any other means deemed appropriate by the Company.
  2. Where the Company gives notification by e-mail or the Messaging Services, such notification shall be deemed to have reached the User when the Company sends it to the User's registered contact information. Any failure on the User's side to receive such notification, including, but not limited to, insufficient mailbox capacity, reception settings, incorrect registration of an address, or network failure, shall be deemed to be within the User's control, and the Company shall bear no liability whatsoever even if the User fails to receive the notification as a result thereof.
  3. Where the Company gives notification by posting on the website of the Service, such notification shall be deemed to have reached the User when it is posted in a manner accessible through the Service.
  4. At the time the notification is deemed to have reached the User, the contents of such notification shall become effective immediately.
  5. Transmission logs retained by the Company, including e-mail transmission logs and transmission records of the Messaging Services, shall constitute the sole and sufficient evidence that the notification has reached the User.
  6. Where the Company gives notification by e-mail or the Messaging Services, the User(s) shall check such notification without delay.
  7. In the event of any error, discrepancy, system malfunction, or misallocation, including, but not limited to, incorrect linking of a TT Copy, in any notification, deadline, or status automatically generated by the Company's system (an “Automated System Notification”), the Company reserves the right to correct, modify, or withdraw such notification at any time.
  8. Where any individual communication by an authorized sales representative of the Company, whether by e-mail, WhatsApp or other Messaging Services, conflicts with or modifies an Automated System Notification, such individual communication by the authorized sales representative shall strictly prevail and govern the transaction. The Company shall bear no liability whatsoever for any damage or loss arising from reliance on an incorrect Automated System Notification prior to such correction.

Article 4: Applicable Laws, etc.

  1. The enactment, validity, execution, interpretation, etc. of the Terms shall be subject to the laws of Japan.
  2. The English version of the Terms shall be deemed the official original version, and only the English version shall have legal effect. Any translation thereof is provided for reference purposes only, and in the event of any conflict or inconsistency between the English version and any translated version, the English version shall prevail.
  3. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Article 5: Court Holding Jurisdiction

  1. 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 the User(s) agree to attempt, in good faith, to settle such dispute through discussion. However, the Company shall not be obligated to continue such discussions beyond a period that the Company reasonably deems appropriate.
  2. If the dispute cannot be resolved through discussion between the parties concerned, it shall be finally resolved by arbitration in Tokyo in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association (JCAA). The language of the arbitration shall be English.
  3. The arbitral award shall be final and binding upon the parties, and the parties shall not raise any objection thereto.

Article 6: Prerequisites for Utilizing the Service

  1. The User(s) shall, at their own responsibility and expense, obtain and properly maintain the communications equipment, software, relevant Internet connection, and any other facilities necessary to utilize the Service.
  2. Certain functions of the Service, including the viewing of vehicle information and making inquiries, may be used without obtaining the Member Qualification. However, in order to use certain functions or services designated by the Company, the User(s) shall be required to obtain the qualification to utilize the Service (hereinafter referred to as the "Member Qualification"). The method and conditions for obtaining the Member Qualification shall be as provided in Article 8.

Article 7: Making Changes to Registration Information

  1. Should changes occur in a User's name, address, telephone number, e-mail account, or any other information provided to the Company at the time of registration, the User(s) shall report such changes to the Company immediately.
  2. The Company shall bear no liability whatsoever for any damages incurred by the User(s) or any third party as a result of the User(s)' failure to notify the Company of the changes in user information required above.
  3. If a User fails to notify the Company of changes in registered information, the Company shall deem notification to have reached such User when the notification is sent using the registered information most recently provided by the User to the Company, even if such notification is returned to the Company as undeliverable.

Article 8: Member Qualification

The Member Qualification will be provided to an individual or a corporate body when they:

  1. agree to the Terms;
  2. provide the required personal information specified on the applicable registration screen; and
  3. obtain a user ID and password.

However, the Member Qualification may be suspended or revoked if the User falls under any of the prohibited acts set forth in the Terms, or if the Company deems such suspension or revocation necessary.

Article 9: Prohibition

  1. Users shall use the Products purchased from the Company for peaceful purposes only and shall not use the Products to develop or manufacture weapons of mass destruction, such as nuclear, biological or chemical weapons and missiles.
  2. Users shall not re-export the Products to any third country without the prior written consent of the Company.
  3. At the request of the Company, Users shall provide information regarding the End-Use and End-User and, if the Company deems it necessary, shall submit an End-User Statement.
  4. Users shall comply with the U.S. Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), the EU Dual-Use Regulation, and sanctions laws and regulations of the United Nations, the United States (OFAC), the European Union, Japan, and any other applicable jurisdiction.
  5. If a User violates any of the preceding paragraphs, the Company may immediately terminate the relevant contract, and the User shall be liable for any damages incurred by the Company as a result of such violation.

Article 10: Suspension and Forfeiture of Member Qualification

The Company may, without prior notice, temporarily suspend all or part of a User's Member Qualification if the Company suspects that the User has violated the Terms or if the Company deems such suspension necessary.
The Company has the right to revoke the Member Qualification of the User(s) in any of the following situations:

  1. In the case of bankruptcy of the User(s), or if the Company decides that the User(s) is at risk of bankruptcy.
  2. Where the registration information provided by the User(s) is found to be untrue, inaccurate, or incomplete.
  3. Where the User(s) is in breach or violation of the Terms or any other agreement with the Company.
  4. In the case that the Company decides that providing the Service to the User(s) would be inappropriate due to any of the following circumstances:
    1. The User(s) has taken any action that infringes copyrights or other rights of the Company or any third party, or any action that poses a threat of infringement of such rights.
    2. The User(s) has taken any action that infringes upon the Company's rights to privacy or property rights, or any action that poses a potential threat to such rights.
    3. The 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.
    4. The User(s) has transferred or attempted to transfer the rights stipulated in the Terms to a third party.
    5. The User(s) has taken any action resulting in the defamation of a third party or the Company.
    6. The 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 has provided information to a third party that runs counter to public order and morals.
    7. The User(s) has taken any illegal action, any action related to an illegal action, or any action that could potentially lead to an illegal action.
    8. The User(s) has taken any action related to the sex industry.
    9. The User(s) has used the Service using another person's identity.
    10. The 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.
    11. The User(s) has taken any action leading to inconvenience or disadvantage to the Company or a third party, any action that may interfere with the Service, or any action that impedes the operation of the Service.
    12. The User(s) has utilized the Service, directly or indirectly, for the purpose of significantly interfering with the use of the Service by other User(s).
    13. The User(s) has taken any action that may promote any of the above actions, including linking to sites where any of the above actions are carried out, including where such actions are carried out by a third party.
    14. The User(s) has taken any other illegal action or any action that may potentially lead to an illegal action.
    15. The User(s) has taken any other action deemed inappropriate by the Company.

Article 11: Copyrights

  1. The User(s) may not utilize any information or files accessed through the Service beyond the scope of the User(s)' individual personal use without the permission of the copyright holder.
  2. The User(s) may not, by any means whatsoever, provide, disclose, reproduce, distribute, transmit, or otherwise allow any third party to use or disclose any information or files obtained through the use of the Service without the permission of the copyright holder.
  3. Should any dispute arise due to a violation of this Article, the User(s) shall resolve such dispute at their own responsibility and expense, financially and otherwise. The Company shall not be held liable in any way, and the User(s) shall not cause any loss or damage to the Company.

Article 12: Order

  1. The User(s) may make an inquiry to the Company and commence negotiations by clicking the "FREE INQUIRY" button on the Web-stock list on the website of the Service. Such "FREE INQUIRY" is merely an inquiry regarding a vehicle and does not constitute a request for the issuance of a proforma invoice (hereinafter referred to as the "PI").
  2. Following the inquiry described in the preceding paragraph, if the Company determines, after individual negotiations or otherwise, that the applicable terms have been agreed upon, the Company may, at its discretion, issue and present a PI to the User(s) by e-mail or other means deemed appropriate by the Company. The Company shall have no obligation or commitment to issue a PI to the User(s).
  3. Where a User places an order using the "Buy Now" function on the website of the Service, a PI shall be automatically issued immediately by the system without the negotiations described in the preceding two paragraphs, and the reservation status ("Under Offer") stipulated in Article 14 shall commence.
  4. The PI will be sent to the User(s) as described in Article 3 of the Terms. However, such information will not be provided in the form of general postings on the website of the Service.
  5. A PI will be issued only to User(s) who have accurately completed the required information in accordance with the rules of the Service set forth in the Terms. Should the User(s) be unable to obtain a PI due to inaccurate or incomplete information provided by the User(s), and as a result incur any disadvantage or become involved in any dispute, including any loss or damage, the Company shall not be held liable in any way, and the User(s) shall resolve such matter at their own responsibility and expense.
  6. The Company reserves the right, at its discretion, not to change the status of a particular transaction to the reservation status stipulated in Article 14.

Article 13: Payment and Submission of Proof of Payment

  1. Where the User(s) wish to purchase the Products from the Company, the User(s) shall pay the amount specified in the PI as the pre-shipment payment (hereinafter referred to as the "Before-Shipment Payment (Application Deposit (Amount to Be Applied to the Purchase Price))") by telegraphic transfer (T/T) or by any other payment method designated or approved by the Company.
  2. The User(s) shall submit proof that the payment procedure has been completed or initiated, through the Company's system or by e-mail, within 48 hours from the issuance of the PI (Japan Standard Time, JST), or by such other deadline as stated in the PI or separately specified by the Company, including any deadline separately specified by the Company or extended through the system (hereinafter referred to as the "TT Copy Submission Deadline"). Such proof shall consist of a TT Copy in the case of a telegraphic transfer, or, in the case of any other payment method, a copy of a screen or other evidence showing that the payment procedure has been completed or initiated (hereinafter collectively referred to as the "Proof of Payment").
  3. For the purpose of calculating the TT Copy Submission Deadline set forth in the preceding paragraph and the Payment Confirmation Due Date set forth in Article 14, Paragraph 3, based on the Japanese calendar, Saturdays, Sundays, and holidays prescribed under the Act on National Holidays of Japan, including substitute holidays, shall be excluded, and the running of time shall be suspended during such excluded days. For the purpose of calculating such deadlines, if the starting time includes any minutes, it shall be rounded up to the next hour, with the minutes treated as 00. Notwithstanding any deadline automatically determined based on the passage of time, the final confirmed deadline shall be the date and time stated in the relevant PI in Japan Standard Time (JST).
  4. The Proof of Payment constitutes evidence only that the payment procedure has been carried out. Payment shall not be deemed completed, and no contract shall be formed, until the Company has actually confirmed receipt of the funds or completion of the payment. If the Company determines that any submitted Proof of Payment is false, altered, or suspected of being false or altered, the Company may immediately cancel the reservation ("Under Offer") without prior notice.
  5. The Before-Shipment Payment constitutes funds paid by the User(s) for the purpose of reserving the Products prior to the formation of the contract and, upon formation of the contract, shall be applied toward part of the purchase price. The payment of the Before-Shipment Payment and the submission of the Proof of Payment alone shall not constitute formation of a sales contract.
  6. All bank charges, payment processing fees, and any other costs incurred in connection with the remittance or payment shall be borne by the User(s).

Article 14: Establishment, Effect and Cancellation of Reservation (Under Offer)

  1. When the Company issues a PI to the User(s), the relevant vehicle shall be reserved for the User(s) (hereinafter referred to as "Under Offer"), and the Company shall hold the relevant vehicle for the User(s) during the Under Offer period.
  2. The first deadline for continuation of the Under Offer shall be the "TT Copy Submission Deadline" stipulated in Article 13, Paragraph 2. If the User(s) fail to submit the Proof of Payment by such deadline, the Under Offer shall automatically expire without any prior notice or demand, and the relevant vehicle shall immediately return to "Available" status and become available for purchase by third parties.
  3. When the Company receives the Proof of Payment from the User(s) and records such receipt, the Under Offer shall continue, and a grace period for the Company to confirm receipt of payment shall commence as the second deadline for continuation of the Under Offer. The deadline for such confirmation shall be within 72 hours from receipt of the Proof of Payment, or by such other deadline as separately specified by the Company or extended through the system (hereinafter referred to as the "Payment Confirmation Due Date").
  4. If the Company is unable to confirm actual receipt of the Before-Shipment Payment by the Payment Confirmation Due Date, the Company may automatically cancel the Under Offer without any prior notice or demand and return the relevant vehicle to Available status.
  5. Where the User(s) have multiple vehicles under Under Offer at the same time and fail to complete full payment of the Before-Shipment Payment for all relevant vehicles by the applicable Deadline (the TT Copy Submission Deadline or the Payment Confirmation Due Date), the Company may, at its sole discretion, take either of the following actions:
    1. immediately cancel the Under Offer for all relevant vehicles without prior notice; or
    2. apply the amount actually received from the User(s), at the Company's discretion, toward the Before-Shipment Payment or purchase price for certain relevant vehicles selected by the Company, and immediately cancel the Under Offer for the remaining relevant vehicles.
  6. Where the allocation and cancellation described in the preceding paragraph are made, the Company shall notify the User(s) after such action, and the User(s) shall not raise any objection to the Company's decision regarding such allocation or cancellation. The Company shall not be liable in any way for any damage or disadvantage incurred by the User(s) as a result thereof, including, but not limited to, the inability to purchase a desired vehicle.
  7. Even if any automatic cancellation stipulated in the preceding paragraphs is not immediately carried out through the system or in practice upon expiration of the applicable deadline, the Company shall not be deemed to have waived its right to cancel the Under Offer.
  8. If any of the following circumstances occurs with respect to the User(s), or if the Company determines that there is a risk of any such circumstance occurring, the Company may, at its sole discretion, immediately cancel the Under Offer at any time:
    1. where the Company determines that continuation of the Under Offer is inappropriate and notifies the User(s) of the cancellation through individual means of communication, including the Messaging Services;
    2. where the Company reasonably determines that any submitted document, including the Proof of Payment, contains any defect, false information, alteration, or any suspicion thereof;
    3. where there is any suspicion that the User(s) are involved with antisocial forces, or where any other compliance concern arises; or
    4. where, in addition to the foregoing, the Company determines that cancellation of the Under Offer is necessary for proper inventory management or to ensure the security of transactions.
  9. After the Under Offer expires, the relevant vehicle that had been held for the User(s) shall immediately become available for purchase by third parties.

Article 14-2: Third-Party Inventory (Shared Inventory)

  1. Some of the vehicles listed on the website of the Service are "Third-Party Inventory (Shared Inventory)" sourced from third-party sellers. The availability of such vehicles depends on the inventory status of the relevant sellers and may change without prior notice.
  2. Even if a PI has been issued and the Under Offer period has commenced, if the relevant vehicle becomes unavailable due to prior sale by a third-party seller or for any other reason, the Company may cancel the Under Offer and the related transaction. In such case, the Company shall notify the User(s) and may, where appropriate, propose an alternative vehicle.
  3. The Company shall not be liable in any way for any damage arising from cancellation due to Shared Inventory.

Article 15: Conclusion and Termination of Contract

  1. The sales contract between the User(s) and the Company shall be deemed accepted by the Company and concluded at the time the amount equivalent to the Before-Shipment Payment (application deposit) specified in the PI is actually received in the Company's designated account by the "Payment Confirmation Due Date" stipulated in Article 14, Paragraph 3, or, where another payment method designated or approved by the Company is used, at the time completion of such payment is confirmed (hereinafter referred to as "Sold"). Even where the Proof of Payment, including a TT Copy, has not been submitted, if the Company confirms actual receipt of payment, the sales contract shall be concluded at the time of such confirmation.
    After the sales contract has been concluded as "Sold," any obligation to pay the remaining balance, including any amount payable upon B/L or upon arrival, shall constitute an ordinary payment obligation arising after conclusion of the contract. The Under Offer rules shall not apply to such remaining balance, which shall be paid in accordance with the applicable Payment Terms.
  2. Even after the contract has been concluded as "Sold," the Company reserves the right to terminate the contract immediately in any of the following cases:
    1. where the Products cannot be provided due to import restrictions, guidance, instructions, or other measures imposed by the relevant authorities;
    2. where the User(s) has made false statements or performed illegal acts, or where the Company reasonably determines that performance of the contract has become impossible due to any act or omission of the User(s).
    3. where the PI contains any calculation error, typographical error, omission, or other material error
  3. Where the contract is terminated pursuant to the preceding paragraph, any amount received by the Company shall be refunded to the User(s) within a reasonable period on the Company's business days. The Company does not guarantee or commit to any specific number of days for completion of the refund. All remittance fees, intermediary bank fees, and any other bank charges arising in connection with the refund shall be borne by the User(s) and shall be automatically deducted from the refund amount. The Company shall pay no interest whatsoever on any amount held through the date of refund. The Company shall also bear no liability whatsoever for any foreign exchange loss incurred by the User(s) as a result of fluctuations in exchange rates.
  4. Where the Company incurs any actual costs, including vehicle inland transportation costs or storage fees, during the period up until the refund is made, such costs shall be borne by the User(s) and deducted from the refund amount. Where the User(s) incurs any actual costs, such costs shall be borne by the User(s), and the Company shall bear no such costs whatsoever.

Article 16: Shipment

  1. It is the responsibility of the User(s) to confirm in advance any import regulations, customs clearance requirements, required documents, and other import conditions applicable in their own country.
  2. Where any import restrictions, guidance, instructions, or other requirements of the relevant authorities arise as a result of the User(s)' failure to take the steps described in Paragraph 1 above, it shall be the sole responsibility of the User(s) to comply with such restrictions or requirements, and the User(s) shall not hold the Company liable under any circumstances. Further, the User(s) shall be liable for any damages incurred by the Company as a result thereof, and the Company shall bear no liability whatsoever.
  3. Local procedures and vehicle registration shall be carried out by the User(s) at their own responsibility and expense.
  4. Where the User(s) fails to confirm the import regulations, customs clearance requirements, or other import conditions applicable in their own country, or where the contract becomes impossible to perform as a result thereof, the Company shall not refund the application deposit or any other amount paid by the User(s).

Article 16-2: Storage Fees and Late Payment Fees

  1. If shipment is postponed two or more times at the request of the User(s), the Company may charge a storage fee of USD 200 per month for the cost of storing the vehicle.
  2. If payment by the User(s) is delayed even after the vehicle has arrived at the port, the Company reserves the right to charge an additional late payment fee of USD 200.

Article 17: Risk and Title

  1. Risk of the Products shall pass from the Company to the User(s) when the Products are placed on board the ocean-going vessel at the port of loading.
  2. The Company shall retain title to the Products until full payment for the Products has been made.

Article 18: Refunds

  1. Refunds will be made only where the Company reasonably determines that there is a valid basis for such refund, including where the contract relating to the relevant payment has not been concluded.
  2. Where no reasonable basis as described in Paragraph 1 above is recognized, no refund shall be made in principle. However, a refund may be made where the Company otherwise deems a refund necessary.
  3. All bank fees, intermediary bank fees, and any other costs incurred in connection with the remittance of a refund shall be borne by the User(s) and deducted from the refund amount, except where the Company bears substantial responsibility.
  4. Where a remittance recall procedure is in progress, or where the Company reasonably determines that there is any uncertainty as to the receipt of funds or completion of payment, the Company may withhold the refund until such uncertainty or procedure has been resolved.
  5. In the case of any refund for any reason, the Company shall process the refund within a maximum of 30 days from the time the Company notifies the User(s) of its decision to make the refund. The Company shall bear no liability whatsoever for any damage incurred by the User(s), including any foreign exchange loss, arising from processing or remittance delays or fluctuations in exchange rates occurring before the refund is completed.

Article 19: Product Liability

The Company's sales are made on an as-is basis as of the time of sale. The Company shall bear no liability whatsoever for any trouble, including breakdowns, defects, failures, accidents, or other problems arising in connection with the Products purchased by the User(s), where such trouble is attributable to the manufacturer of the Products. Further, the Company shall bear no liability whatsoever for any damage incurred by any third party as a result thereof.

Article 20: Defect Liability

  1. After the risk stipulated in Article 17 has passed to the User(s), the Company shall bear no liability for any defects, failures, or any other damages incurred by the User(s) in connection with the Products. Further, the Company shall bear no liability whatsoever for any damage incurred by any third party as a result thereof.
  2. The Company and the User(s) may agree to conditions other than those set forth above, in which case such agreement shall prevail.
  3. Except where otherwise specified in the Terms, the Company shall not accept any claim with respect to any vehicle.
  4. The conditions stated on the website of the Service shall be carefully checked and reviewed by the User(s) at their own responsibility.
  5. The Company shall not be liable for any damage discovered after purchase.

Article 21: Cost Burden

  1. The Company shall bear no liability whatsoever for any failure or accident arising from defects in the Products, any defects or failures attributable to the manufacturer, or any other damage incurred by the User(s) or any third party. The User(s) shall bear all costs required to resolve any such issues.
  2. In the extremely rare event that damage occurs as a result of criminal intent or gross negligence on the part of the Company, the Company will bear all or part of the repair costs and compensation costs, regardless of the provisions stipulated in Paragraph 1 above.

Article 22: Cancellation

  1. As a general rule, the User(s) may not cancel a transaction for their own convenience after the sales contract has been concluded. However, only where the Company specifically approves such cancellation, the User(s) may cancel the purchase of the Products by paying the Company 15% of the contract amount or US$1,500, whichever is larger, as a cancellation fee. In such case, the Company may apply any payment already received toward such cancellation fee.
  2. Where the User(s) individually requests the Company to procure a vehicle that is not included in the Product lineup of the Service (hereinafter referred to as a "Back Order"), and the Company secures such vehicle based on the request, the User(s) shall be obligated to purchase such vehicle. Notwithstanding the requirements for conclusion of a sales contract set forth in Article 15 or elsewhere, if, in the case of a Back Order, the User(s) cancels the request or transaction for the User(s)' own convenience after the vehicle has been secured, including automatic cancellation due to failure to submit the Proof of Payment or failure to make payment by the applicable deadline, the User(s) shall immediately pay the Company, as a cancellation fee, 30% of the contract amount or US$3,000, whichever is greater.
  3. The Company reserves the right to cancel the contract if the User(s) fails to comply with the Payment Terms after the Products have been shipped and payment is delayed for seven or more days from the due date, and may charge such amount as the Company reasonably determines, up to 100% of the contract amount, as a cancellation fee. The Company and the User(s) reasonably agree that such cancellation fee constitutes liquidated damages, taking into account the difficulty of resale after departure, storage or other costs incurred at the destination, re-transportation costs, and other damages ordinarily incurred by the Company.
  4. In the case of cancellation for any reason, the Company may take up to 30 days to complete the refund, and all costs incurred in connection with such refund request shall be borne by the User(s), as reflected in the provisions above.
  5. If the User(s) cancels after the Company has delivered the Products to a carrier, the User(s) shall bear the full contract amount, in addition to the general costs incurred at the destination.

Article 23: Returns

  1. Once a Product purchase contract has been concluded and the Products or property rights relating to such Products have been transferred to the User(s), the Company shall not accept any returns.
  2. If the User(s) wishes to return the Products after departure, such return shall, in principle, not be permitted, and the Company may charge such amount as the Company reasonably determines, up to 100% of the contract amount, as liquidated damages, taking into account the difficulty of resale after departure, storage costs at the destination, and other damages ordinarily incurred by the Company.
  3. If the Products have arrived at the User(s) after departure, the User(s) shall, at their own expense and in accordance with the Company's instructions, take all necessary measures, including return shipment, re-transportation, and storage.
  4. The Company may dispose of any returned Products or Products that cannot be returned by resale, re-transportation, storage, disposal, or any other means, and the User(s) shall not raise any objection thereto.
  5. Due to the individual specifications, used condition, and nature of international transportation of the Products (used vehicles), the Products fall within exceptions to return obligations under the EU Consumer Rights Directive, the UK Consumer Contracts Regulations, and the Australian Consumer Law, including custom-made goods, goods not suitable for return due to their nature, and goods whose value diminishes rapidly. Accordingly, the User(s) shall have no right to return the Products after the contract has been concluded.
  6. Notwithstanding the preceding paragraphs, exceptions to the above may apply where the Company bears substantial responsibility.
  7. The User(s) agrees that the liquidated damages stipulated in this Article are reasonable.

Article 24: Safeguarding User Information

  1. The Company will not disclose or provide to any third party any information provided to the Company by the User(s) through the user registration process, or any information that becomes known to the Company in the course of the User(s)' use of the Service, except in the following circumstances:
    1. where the User(s) agrees to the disclosure of limited personal information, including user ID, address, telephone number, e-mail address, etc.;
    2. where the Company compiles and publishes statistical information, processed in a form that does not identify any individual, for the purpose of assessing trends in the use of the Service; or
    3. where disclosure is required by law.
  2. In addition to providing the Service as set out in the Terms, the Company may use personal information for the purpose of notifying the User(s), by direct mail or e-mail, of newly arrived vehicles and information regarding other products and services of the Company.

Article 25: Termination and Suspension of Service

  1. The Company may terminate or suspend operation of the Service under any of the following circumstances:
    1. where regular or emergency system maintenance or work is required for the Service, or where unavoidable circumstances such as an internal system failure occur;
    2. where the Service cannot be operated as usual due to war, civil unrest, riots, labor disputes, earthquakes, volcanic eruptions, floods, tsunamis, fire, power outages, system failures caused by hacking or computer viruses, or any other emergency;
    3. where the operation of the Service is restricted or ordered by a government agency, or where the services of other electronic communications service providers are terminated or suspended; or
    4. where the Company otherwise deems temporary suspension necessary for the operation of the Service.
  2. The Company will notify the User(s) in advance if it terminates or suspends operation of the Service pursuant to the preceding paragraph. However, such prior notice may not be given in the event of an emergency.
  3. The Company shall bear no liability whatsoever for any damage incurred by the User(s) or any third party as a result of the termination or suspension of the Service.

Article 26: Exclusions

  1. 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, interruption, 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.
  2. The above may not necessarily apply in cases where there is criminal intent or gross negligence on the part of the Company.
  3. The Company makes no guarantees whatsoever in terms of the completeness, accuracy, usability, etc., of the contents of the Service, or of information obtained by the User(s) through the Service.
  4. The Company makes no guarantees whatsoever regarding the proper operation of the User(s)' equipment or software in connection with the Service.
  5. 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.
  6. In addition to the above, the User(s) is liable for compensation of any damages incurred by the Company as a result of the User(s)' violation of the Terms, criminal intent, or gross negligence.
  7. Neither party may assign any of its rights or obligations under the Terms without the prior written consent of the other party. If the other party consents to such assignment, the Terms shall inure to the benefit of and be binding upon the relevant successor or assignee.
  8. Should any provision of the Terms be invalid or unenforceable, such provision shall be given no effect and shall be deemed not to be included within the Terms, without invalidating any of the remaining provisions of the Terms. The parties shall then endeavor to replace the invalid or unenforceable provision with a provision that is as close as possible in substance to the invalid or unenforceable provision.

Article 27: Claims and Compensation

  1. No claim shall be accepted unless all of the following requirements are met:
    1. the purchase price of the vehicle is US$1,500 or more;
    2. the amount of the claimed damage exceeds US$300 (the User(s) shall bear up to US$299 as repair costs per vehicle);
    3. the age of the vehicle is less than 10 years;
    4. in the case of engine or transmission trouble, the mileage of the vehicle is less than 100,000 km;
    5. the User(s) notifies the Company in writing of the details of the claim within 14 days after the arrival of the vehicle at the destination specified in the Bill of Lading, provided that such claim is limited to cases where there is a material discrepancy between the Inspection Sheet and the actual condition of the vehicle, and such notice shall be accompanied by photographs and videos; and
    6. within 7 days after the notice set forth above is sent, the User(s) submits to the Company by e-mail the following documents: a report from the port authority regarding any damage to the vehicle or missing items; a report from a local repair service provider with appropriate expertise and a quotation for repairs in U.S. dollars; and photographs of the relevant damage.
  2. The Company shall not be liable for any of the following:
    1. interior damage that is judged to be minor, negligible, or not readily visible, including, but not limited to, scratches, cigar burns, stains, and cuts;
    2. missing or damaged interior equipment, including, but not limited to, shift knobs, headrests, sunshades, spare tires, jack tool kits, floor mats, cigarette lighters, and remote controls;
    3. exterior damage that was indicated before purchase, or that is judged to be minor, negligible, or not readily visible, including, but not limited to, scratches, small dents, holes, and minor rust;
    4. snow tires or wheels from which the wheel lock nuts have not been removed; or
    5. consumable items, including, but not limited to, oil, fuel, tire tread, and air-conditioning gas.

Special Terms Applicable to Ninja Auction

The provisions of this Chapter shall apply only to the auction service provided by the Company through the “Ninja” system or similar systems (hereinafter referred to as the “Ninja Auction”). They shall not apply to other auction services, including TTC Auction, for which the Company separately establishes terms and conditions. With respect to transaction procedures after a successful bid (purchase), payment methods, formation of contracts, cancellations, disclaimers, and any other matters not specifically provided for in this Chapter, the provisions of the Terms (Chapters 1 through 4) shall apply mutatis mutandis to the Ninja Auction.

Before the Company can start bidding on vehicles requested by the User(s), the User(s) must pay an auction deposit to the Company. The User(s) shall pay a deposit equal to 10% of the price of the vehicle(s) on which the User(s) wish to bid (or, in the case of multiple vehicles, 10% of the total price of such vehicles). Accordingly, the User(s) may place bids up to an aggregate amount equal to ten times the amount of the deposit.

If no bid request is submitted or no transaction is completed within one year from the payment of the deposit, the account shall be considered inactive due to a lack of transaction activity, and the User(s) may become unable to use the Service or otherwise make use of related services. If the account remains inactive for two years, the Company shall not accept any request for a refund of the deposit, and the User(s) shall be deemed to have waived the right to claim such refund.

The User(s) may place bids on any number of vehicles within the bidding limit based on the deposit amount.

The Ninja Auction is operated by a company that is not affiliated with the Company. The Company shall not be liable for any circumstances arising from external factors, including technical difficulties.

In the event of a successful bid, the User(s) will be notified of the bid results and will be sent a PI.

No claims will be accepted in respect of any of the following vehicles:

  • vehicles for which 10 years or more have elapsed since the date of manufacture or first registration
  • vehicles that have travelled more than 100,000 kilometers
  • vehicles with modifications to the chassis, engine, or exhaust system
  • vehicles with a documented accident history (condition grade = 0 or R, or equivalent)

In addition, no claims will be accepted in relation to any malfunctions of ABS, SRS, or other electronic components of vehicles purchased at an auction price of less than JPY 200,000.