- General Provisions
1.1 Christopher Loeber, doing business as Nippon Buyers Club (“Nippon Buyers Club“, “we“, “us“, “our“) will determine the “Nippon Buyers Club Service Terms and Conditions” (hereinafter “Terms of Service”) and any other individual rules and bylaws such as the “Nippon Buyers Club Terms of Service” (hereinafter “individual agreements”) that will apply to individuals using our auction and shopping proxy services (hereinafter “our service”) operated by our company on http://www.nipponbuyerslub.com (hereinafter “this site”).
In the articles below, the Terms of Service and individual agreements are collectively referred to as the Terms of Service.
1.2 Individuals intending to use our service, after agreeing to our Terms of Service and or indidvidual agreements and registering on our site with the required information through our signup process, will qualify as a “member” or “subscribers” (hereinafter “member”) upon approval by us
1.3 Company reserves the right to change/modify or specify new individual agreements at any such time as the company deems necessary. In cases where the Terms of Service and individual agreements are contradicting, individual agreements shall be applied prefrentially. Individuals who wish to use our service acknowledge that using our service constitutes acceptance of both the Terms of Service and of any individual agreements, and accept that these Terms of Service and individual agreements apply collectively to all use of our service and any business conducted thereunder.
1.4 Our terms and services apply to all members and subscribers, and all members and subscribers are obliged to comply with these in full
1.5 The company is not liable for any damages or losses caused by violation of our Terms of Service.
1.6 We reserve the right to change, amend, or modify the Terms of Service at any time without prior notice. Any changes to our Terms of Service will take effect immediately once updated on our site. Members & Subscribers will be notified of such changes.
2. Member & Subscriber registration
2.1 With becoming a member on our site, you declare that the items you purchase through our website or service can be legally owned in and legally important into the country / jurisdiction you supply in your registration. ned to have multiple accounts, we reserve the right to delete the member’s account(s). We will not be held liable for any damages or losses caused by supplying inaccurate or false information regarding the above.
2.2 To become a member on our site and or a subscriber to our service , individuals will be required to enter personal information on the designation registration form on our site or to supply such information in written form to the company by email. Individuals are responsible for supplying all necessary information as accurately and completely as possible when registering for membership and or subscription.
2.3 Members are limited to 1 (one) account per individual, and registration of multiple accounts is prohibited. In the event that an individual is determined to have multiple accounts, we reserve the right to delete the member’s account(s). We will not be held liable for any damages or losses caused as a result of this.
2.4 Individuals are prohibited from having third parties register to become a member on their behalf. Minors who wish to become a member on our site must first obtain the consent of a parent or legal guardian. Refunds or cancellations of purchases will not be granted due to a member being a minor.
2.5 In the case that any of the following instances are found, we reserve the right to deny membership. In addition, we reserve the right to suspend or terminate membership after approval of membership registration.
(1) If a person’s membership has been cancelled or suspended in the past.
(2) If a person has failed to pay for our services in the past.
(3) If a person has refused to pay or has filed for a refund via a financial institute or credit card company for fees charged by our service in the past.
(4) If a person has intentionally acted to obstruct or harm the operation of our service.
(5) If falsehoods, inaccuracies, or insufficient information is found in a person’s registered information.
(6) If a minor has registered for our service without obtaining permission from a parent or legal guardian.
(7) If a person has violated any of our Terms of Service.
(8) If we are unable to confirm the authorization code for a credit card transaction with a person.
(9) Any other case we deem appropriate in accordance with our Terms of Service.
3. Account Management
3.1 Once we have approved member registration, a user ID and password (hereinafter “ID”, etc.) will be granted to the member. Members are responsible for protecting their own user ID and password information, and are responsible for regularly changing their password. We are not liable for any losses or damages incurred from a member’s negligence of this responsibility.
3.2 Members are prohibited from the sharing, lending, transfer, sale, etc. of their account benefits or user ID to a third party.
3.3 Upon confirmation of a registered user ID and password, we consider the user of the account to be the owner, and use of the account to be the member’s full responsibility. We will not be liable for any losses even in the case of unauthorized use of an ID by a third party. Payment to cover any damages incurred to the member or our company will be the member’s responsibility.
3.4 Members are responsible for immediately updating any registered information (e.g adresses and contact information) accordingly on their account management page (hereinafter “account page”) in the event of any changes. We are not liable for any losses or damage incurred due to a member’s negligence or failure to comply with the designated procedures on our site. Depending on the order stage or payment method, there may be cases where payments or shipments are processed using previously provided information. Our company will not be held liable for any inconveniences or damages caused by this.
3.5 With the exception of members with pending shipments or item delivery to our warehouse, members are able to withdraw membership and deactivate their account through the designated procedures on their account page. As such, members must confirm if they have any remaining orders on their account that have not yet arrived or been completed before withdrawing membership. In the case that we determine the owner of an account to be deceased, we reserve the right to judge the account as inactive and deactivate it.
4. Handling of personal information
4.1 The Company may use your personal information for the following purposes as defined in our Privacy Policy:
(1) Management of user and order information
(2) Product sales, charging of various fees
(3) Shipment of orders
(4) Notifications regarding sale campaigns, new product information, and important site operation news
(5) Mail Magazine distribution
(6) Conducting surveys
(7) Point and coupon rewards
(8) Contacting users for confirmation and answering inquiries
(9) Statistical survey or data analysis
(10) Sharing beneficial information to users regarding product development and other service improvements for marketing analysis purposes, various sale campaigns and new product notifications through partner companies.
Sharing method: through sending documents or electronic/electromagnetic methods to third parties
(However, the sharing of personal information with third party companies can be stopped by the request of the user)
(11) Other purposes conforming to or closely related to the above listed purposes
4.2 Nippon Buyers Club, excluding situations when required by law, will not disclose or share individual personal information to third parties that do not have purpose of use indicated without your consent. However, in the following situations, we may share various information as defined in the previous section as personal information by sending documents or through electronic/electromagnetic methods to third parties.
(1) In the case that disclosure of payment information to related parties is necessary
(2) In the case when it is necessary for the shipment of products, etc. or procedures for packages to pass customs.
(3) Disclosure of user and sales information for the purpose of improving our service to third party partner companies.
(4) In the case that our business or part of our service is entrusted to a third party.
(5) Disclosure of information in the case of a company merger, transfer of business, or other reasons for a succession of business to the inheriting party.
(6) When required to in accordance with personal information protection laws, or other laws.
4.3 In order to provide members with a better service, this site uses cookies and or similar electronic identifiers. Further, we make records of our members’ access history and site usage in order to authenticate users of our service. We may also record the following information:
– IP addresses used to access our servers.
– Device used when accessing our site through a mobile device.
5. Cancellation of Membership
In the event that we determine a member has taken any of the actions below, we reserve the right to without prior notice suspend or terminate that member’s account. Our company will not be held liable in case of any losses or damages resulting from suspension or termination of membership.
(1) Not completing payment of any fee(s) charged within the designated payment period.
(2) Using a user ID for illegal purposes, or having a third party use a member’s account for illegal purposes.
(3) Requesting a chargeback or refund through a credit card company or payment agency.
(4) Using our service for fraudulent or illegal activity.
(5) Violating our Terms of Service
(6) Violating the law
(7) Facing administrative disciplinary action
(8) Being or thought to be associated with antisocial organizations or forces
(9) Failing to correctly input a login password after a certain number of attempts (in order to protect members’ personal information)
(10) Leaving an account inactive for a period of time determined by our company
(11) Any other reason we deem a person to be ineligible for membership
6. Service details
6.1 Our service is the purchasing of products or services (hereinafter “items”) from Japanese online auction sites and stores (hereinafter “sellers”) chosen by members and shipping of successfully purchased items to members’ registered addresses.
6.2 Members agree that all purchased items will be covered by our Product Protection Plan. Use of the Product Protection Plan is mandatory for all items.
Terms of the Product Protection Plan:
– Upon warehouse delivery, we will confirm that your item matches the store or seller’s provided description and photos.
– Item authenticity will not be checked nor covered by this plan. When purchasing secondhand items, flaws such as stains, dents, scratches, cracks, creasing, fraying, faded colors, etc. are not covered.
– Items will be packed with extra care for international shipping.
– If an item arrives broken, damaged, or missing parts, please apply for compensation within 7 days in order to receive a refund or exchange your item.
– In order to apply for compensation you must submit the following:
1) Proof of a damage report/claim placed to the post office or delivery company. (E.g. your reference number or a screengrab of your receipt)
2) Photos of the package exterior, interior packaging, and state of the damaged item(s) (in the case of damaged or broken items)
3) Shipment tracking number
4) Order ID of the damaged or missing item(s)
5) Basic explanation of the damage to your item(s)
– Members must submit the damage report to the post office or delivery company within 7 days of the package’s arrival.
– Broken items that are eligible for a full refund under our Buyer Protection Plan must be shipped back to us within 1 week of request in order to receive compensation.
– Our company takes no responsibility in cases where we were not able to purchase the correct item due to errors or ambiguous phrasing in the order information provided by the member.
– Compensation is not provided for items that couldn’t clear customs.
– Compensation is not provided for import taxes or customs fees.
6.3 We are not liable for issues regarding item functionality or authenticity. In the case that items purchased are found or suspected to be counterfeit (e.g. “gimei”) or are not functioning correctly after arriving at a member’s delivery address, members agree that they will not seek compensation directly from our company.
6.4 As a proxy service, we are only responsible for the purchase and shipment of items. We are not liable for the contents or quality of items purchased, nor are we involved with or responsible for customs fees incurred at the destination country.
6.5 Depending on the country or region, members may be required to pay customs fees charged in accordance to import laws and regulations for their country or region in addition to our service fees. We are not in affiliation with or involved whatsoever with customs entry. As such, members planning to import items which require importing approval certificates or related documentation for their country or region in order to pass customs are responsible for obtaining any necessary documents or certificates and confirming this information beforehand with the local customs office in their country or region before using our service.
6.6 We will not be liable for any losses or damages incurred from customs fees resulting from failure to comply with the previous clause or violation of laws and regulations, nor will item returns or refunds be offered in these cases. Additionally, members will be responsible for bearing any costs in the case that damages are also incurred by our company. Even if customs procedures or payment of customs duties are found to be necessary after the purchase of item(s), members are to follow through with any procedures with the local authorities.
7. Purchase of items
7.1 A purchasing contract between our company and members for the purchase of items are formed at the time a customer is notified that an auction bid has been successfully processed, or that payment for an order has been approved.
7.2 However, we reserve the right to refuse purchase or international shipment of items if determined at the time of ordering or warehouse delivery that a customer, either intentionally or by error, has ordered an item included in Article 11 of our Terms of Service, or any equivalent item. The final decision determining the eligibility of an item’s purchase or international shipment will be made by our company on the basis of these Terms of Service, as well as other factors including the law and public policy.
7.3 We reserve the right to cancel orders for items that are listed at prices that differ significantly from the average market price, either due to a system error or any other reason.
7.4 All items purchased through our service are to be purchased in our company’s name, and will not be purchased in a member’s name. For this reason, members are to under no circumstance contact the seller directly.
7.5 As proxy bids placed for auctions using our service are based on an amount specified by the member, we cannot guarantee that bids placed will be successful. To increase the probability of a successful bid, members are responsible for setting their maximum bid amount to a sufficient sum.
7.6 Members acknowledge that there are situations where the winning bid of an auction is deleted by the seller, leaving the member as the highest bidder to proceed with the purchase of the auction. In such a case, the member is obliged to purchase the item and pay the winning bid in full. Customer Service will contact the member and ask to acknowledge a charge for the winning price through the payment method used for bidding. In the case that Nippon Buyers Club cannot confirm acknowledgement from the member or that member requests a cancellation, members agree to pay whichever is higher of 2,000 yen or 30% of the winning price.
7.7 In order to prevent mistakes when purchasing items, members are to provide us with the exact product name, product quantity, product picture and product URL and any necessary details pertaining to their purchase. If a member leaves a commentor an email with an order, our company will place the order in accordance with the information specified in the comment or email. Our company takes no responsibility in cases where we were not able to purchase the correct item due to errors or ambiguous phrasing in the order information provided by the member.
7.8 Members acknowledge that we have the right to invalidate or cancel any bids or orders where one or more the following circumstances apply. We are not liable for any fees or losses incurred from the cancellation or invalidation of these purchases. In the case that we incur any losses under these circumstances, the equivalent amount will be billed to the member for compensation.
(1) If we determine that a seller has too many negative feedback ratings or that there is a risk that we are unable to properly purchase an item from a seller.
(2) If a seller limits the number of transactions or sales that can be made to a single user or bidding ID.
(3) If a seller does not deal with users or bidding IDs that have had cancelled transactions in the past.
(4) If an item cannot be shipped and is limited to local pickup.
(5) If an item cannot be shipped to Ichinomiya and is limited to certain regions.
(6) If we determine that a member has previously cancelled an auction or order after it has already been won or paid for.
(7) Other circumstances where the seller sets extraordinary rules or restrictions on transactions.
(8) If a transaction cannot be completed due to the circumstances of a seller.
8. Payments
8.1 Our service uses the following payment methods.
(1) PayPal
(2) Credit card (Visa, MasterCard, JCB) via Stripe
(3) Member’s deposit
8.2 When using our service to bid on an item, members are to pay the following fees to our company.
Charge 1: Paid for at the time of item bidding
– Bid value
Charge 2: Paid for before international shipping
– 12% of the successful bid’s value as transaction fee to Nippon Buyers Club
– Domestic shipping (from the store/seller to our warehouse)
– International shipping
– Other costs as agreed with the member
Should the Member’s bid not be successful, the bid value will be reimbursed to the member within 3 days after the auction has ended.
Should the member fail to pay each or any of the charges listed under “Charge 2” within 7 days after we have placed a successful bid on behalf of the member,